ENVIRONMENTAL RISK MANAGEMENT
AUTHORITY DECISION
16 April 2007
Application code:
HSR07033
Application type
Importation or manufacture of a hazardous substance for
release under Section 28A(2)(c) the Hazardous Substances
and New Organisms (HSNO) Act 1996 (the Act)
Applicant:
Osmose NZ Ltd
Purpose of the application
PROTIM Aquazole Concentrate and PROTIM Aquazole
Ready-to-use: to seek approval to import or manufacture for
use as timber treatments (reduced hazard)
Date application received:
28 March 2007
Consideration date
13 April 2007
Considered by
Rob Forlong (Chief Executive, ERMA New Zealand)
1 Summary of decision
1.1
The application to import or manufacture PROTIM Aquazole Concentrate and
PROTIM Aquazole Ready-to-use for release is approved with the controls as set out
in Appendix 1. This approval has been given in accordance with the relevant
provisions of the Act, the relevant HSNO Regulations, and the HSNO (Methodology)
Order 1998 (the Methodology), based on PROTIM Aquazole Concentrate and
PROTIM Aquazole Ready-to-use being formulated so that 1 or more of the hazardous
properties assigned to the substances has a lesser degree of hazard than a substance
approved under the Act.
1.2
The substances have been given the following unique identifiers for the ERMA
New Zealand Hazardous Substances Register:
PROTIM Aquazole Concentrate
PROTIM Aquazole Ready-to-use
2 Legislative criteria for application
2.1
The application was lodged pursuant to section 28. The decision was determined in
accordance with section 28A(2)(c), taking into account the requirements of that
section and matters specified under Part II of the Act. Unless otherwise stated,
references to section numbers in this decision refer to sections of the Act.
2.2
Consideration of the application followed the relevant provisions of the Methodology.
Unless otherwise stated, references to clauses in this decision refer to clauses of the
Methodology.
3 Application process
3.1
The purpose of this application is to gain approval to import or manufacture
PROTIM Aquazole Concentrate and PROTIM Aquazole Ready-to-use for release as
timber treatments.
3.2
The application was formally received on 28 March 2007.
3.3
The Department of Labour Workplace Group was advised of the application (clause
2(2)(e)).
3.3.1
3.4
3.5
No response was received.
Evaluation of the application was undertaken by the ERMA New Zealand project
team which comprised the following staff members:
Margaret Keane
Advisor (Hazardous Substances)
Sekove Tinalevu
Advisor (Hazardous Substances)
Beth Dye
Applications Manager (Hazardous Substances).
The application was considered by the Chief Executive of ERMA New Zealand as
provided for by a delegation from the Authority under section 19(2)(d).
4 Consideration
Sequence of the consideration
4.1
Osmose NZ Ltd seeks approval, under section 28, to import or manufacture
PROTIM Aquazole Concentrate and PROTIM Aquazole Ready-to-use for release in
New Zealand as timber treatments.
4.2
A substance can be assessed by rapid assessment procedures, under section 28A(2)(c),
if it can be shown that it has been formulated so that one or more of its hazardous
properties has a lesser degree of hazard than any substance already approved under the
Act.
4.3
The approach adopted when considering this application was:
 to identify the composition and hazardous properties of the proposed substances,
PROTIM Aquazole Concentrate and PROTIM Aquazole Ready-to-use, and of a
reference substance;
 to determine whether the reference substance is one that has been approved by the
Authority and whether the proposed substances have been formulated so that one
or more of the hazardous properties assigned to them has a lesser degree of hazard
than the reference substance.
4.4
And then:
 to determine whether the proposed substances have a similar use to the reference
substance;
 to consider whether the risks posed by the proposed substances are the same as,
less than or greater than those posed by the reference substance;
 to consider whether there are any other effects that mean the proposed substances
should not be rapidly assessed; and
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 to consider whether the controls that apply under the Act will adequately prevent
or manage the adverse effects of the proposed substances.
Information review
4.5
The project team has reviewed the information supplied by Osmose NZ Ltd, and
considers that the information constitutes an adequate and appropriate basis for
assessing the application (clause 8). They also consider that there are no significant
uncertainties (ie sufficient to influence decision making) in the scientific and technical
information relating to the risks of PROTIM Aquazole Concentrate and PROTIM
Aquazole Ready-to-use (clauses 29 and 30).
Identification of the reference substance
4.6
The applicant identified a reference substance with which they consider PROTIM
Aquazole Concentrate and PROTIM Aquazole Ready-to-use may be compared.
4.7
However, the project team considers a different reference substance approved under
the Act by the Authority to be more appropriate. Due to reasons of confidentiality, the
identity of the reference substance cannot be disclosed in this document.
Composition of PROTIM Aquazole Concentrate and PROTIM Aquazole
Ready-to-use relative to that of the reference substance
4.8
PROTIM Aquazole Concentrate, PROTIM Aquazole Ready-to-use and the reference
substance are all in a liquid form. PROTIM Aquazole Concentrate and the reference
substance are both liquid concentrates, requiring dilution prior to use.
4.9
The major hazardous components conferring the hazard classifications to PROTIM
Aquazole Concentrate are the three active ingredients (propiconazole, tebuconazole
and permethrin), and components D1 and E. The major hazardous components
conferring the hazard classifications to PROTIM Aquazole Ready-to-use are
permethrin and components D and E. The active ingredients and other excipients are
the major hazardous components conferring the hazard classifications to the reference
substance.
4.10
The total concentration of major hazardous components is greater in PROTIM
Aquazole Concentrate than in the reference substance. However, the project team
considers this increase to be within acceptable limits. The total concentration of major
hazardous components is greater in the reference substance than in PROTIM
Aquazole Ready-to-use.
Hazardous properties of PROTIM Aquazole Concentrate and PROTIM
Aquazole Ready-to-use relative to that of the reference substance
4.11
The project team has determined the hazard profile of PROTIM Aquazole
Concentrate and PROTIM Aquazole Ready-to-use based on the information provided
by the applicant and other available information. The hazard classifications for
PROTIM Aquazole Concentrate and PROTIM Aquazole Ready-to-use are set out in
Table 4.1 for comparison against the reference substance.
refer to Confidential Appendix 3 for a key to component identity
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Page 3 of 40
Table 4.1: Comparison of hazard classifications
Hazard Endpoint
PROTIM
Aquazole
Concentrate
3.1D
Flammability
6.1E
Acute Toxicity (Oral)
Acute Toxicity (Dermal)
Acute Toxicity (Inhalation)
6.3B
Skin Irritation/Corrosion
6.4A
Eye Irritation/Corrosion
6.5A
Inhalation Sensitisation
6.5B
Dermal Sensitisation
6.9B
Target Organ Toxicity
9.1A
Aquatic Ecotoxicity
Ecotoxicity to terrestrial vertebrates
9.4B
Ecotoxicity to terrestrial invertebrates
PROTIM
Aquazole
Ready-to-use
6.3B
6.4A
6.5A
6.5B
9.1A
9.4B
Reference
substance
3.1C
6.1D
6.1C
6.1D
6.3B
6.4A
6.5A
6.5B
6.9B
9.1A
9.3C
9.4B
4.12
The project team notes that, compared with the reference substance, PROTIM
Aquazole Concentrate does not trigger the 6.1C (dermal) and 6.1D (inhalation) acute
toxicity classifications or the 9.3C ecotoxic classification. PROTIM Aquazole
Concentrate also has reduced flammability and acute toxicity (oral) classifications.
4.13
The project team also notes that, compared with the reference substance, PROTIM
Aquazole Ready-to-use does not trigger a flammability classification, an acute toxicity
classification, a target organ toxicity classification or a 9.3 ecotoxicity classification.
4.14
The reduction in hazard profile of PROTIM Aquazole Concentrate and PROTIM
Aquazole Ready-to-use when compared with the reference substance is due to the
presence of excipients in the reference substance which are not present in PROTIM
Aquazole Concentrate or in PROTIM Aquazole Ready-to-use.
4.15
An additional reduction in hazard profile of PROTIM Aquazole Ready-to-use when
compared with the reference substance is due to a reduction in the concentration of
active ingredients.
Meeting the criteria for rapid assessment under section 28A(2)(c)
4.16
Based on the reduced hazard profiles detailed above, the project team considers that
the criteria for rapid assessment under section 28A(2)(c) have been met through
PROTIM Aquazole Concentrate and PROTIM Aquazole Ready-to-use being
formulated so that one or more of the hazardous properties assigned to the substances
has a lesser degree of hazard than a substance that has been approved under the Act.
Use of the proposed substances relative to the reference substance
4.17
PROTIM Aquazole Concentrate is in a liquid concentrate form and PROTIM
Aquazole Ready-to-use is in a liquid ready-to-use form. Like PROTIM Aquazole
Concentrate, the reference substance is a liquid concentrate which requires dilution
prior to use. All three substances are only available for sale to industrial timber
vacuum/pressure impregnation plants.
4.18
PROTIM Aquazole Concentrate may be sold to timber treatment facilities for dilution
on site with water before impregnation or may be used to prepare the PROTIM
Aquazole Ready–to–use Solution for delivery by bulk tanker. There is also the option
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of manufacturing the Ready-to-use solution from the component materials rather than
by dilution of the concentrate.
5 Controls
5.1
For the purposes of clarity, consideration of the default controls, additional controls
conferred under section 77A and controls variations made under section 77 has been
made separately to each substance in Paragraphs 5.2 to 5.15 for PROTIM Aquazole
Concentrate and Paragraphs 5.16 to 5.29 for PROTIM Aquazole Ready-to-use. For
similar reasons, a separate controls matrix has been prepared for each substance in
Appendix 1 (PROTIM Aquazole Concentrate) and Appendix 2 (PROTIM Aquazole
Ready-to-use).
PROTIM Aquazole Concentrate
Default controls
5.2
Based on the hazard classifications determined for the PROTIM Aquazole
Concentrate, a set of associated default controls has been identified by the project
team as being applicable. These default controls, expressed as control codes1, are listed
in Table 5.1.
5.3
Additional controls under section 77A are available to manage the risks associated with
PROTIM Aquazole Concentrate, which are not addressed by the default controls.
These are considered in Paragraph 5.10 of this decision.
5.4
As the proposed substance has a reduced hazard profile when compared to the
reference substance, some of the controls assigned to the reference substance (F1, F3,
F5, F12, F14, F16, T3, T6, E4 and I20) are not applicable. As both products have the
same use pattern, the remaining controls are the same other than some minor labelling
differences and changes to some trigger quantities.
5.5
The project team notes that controls, T8 (controls for vertebrate poisons), E2
(restrictions on use of substances in application areas), E3 (controls relating to
protection of terrestrial invertebrates) and E5 (requirements for keeping records of
use) have been triggered for PROTIM Aquazole Concentrate on the basis of its
intrinsic hazards. However, these controls were not considered relevant based on the
substance’s use as a timber treatment and have therefore not been listed.
Table 5.1: List of default controls for PROTIM Aquazole Concentrate
Flammability Controls
F2
Restrictions on the carriage of flammable substances on passenger service vehicles
F6
Requirements to prevent unintended ignition of class 3.1 substances
F11
Segregation of incompatible substances
Toxicity Controls
T1
Limiting exposure to toxic substances through the setting of TELs
T2
Controlling exposure in places of work through the setting of WESs.
T4
Requirements for equipment used to handle substances
T5
Requirements for protective clothing and equipment
T7
Restrictions on the carriage of toxic or corrosive substances on passenger service
vehicles
Control codes are those assigned by ERMA NZ to enable easy cross reference with the regulations. A detailed list of
these codes is contained in the ERMA New Zealand User Guide to the Controls Regulations.
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1
Ecotoxicity Controls
E1
Limiting exposure to ecotoxic substances through the setting of EELs
E6
Requirements for equipment used to handle substances
E7
Approved handler/security requirements for certain ecotoxic substances
Identification Controls
I1
Identification requirements, duties of persons in charge, accessibility,
comprehensibility, clarity and durability
I3
Priority identifiers for ecotoxic substances
I5
Priority identifiers for flammable substances
I8
Priority identifiers for toxic substances
I9
Secondary identifiers for all hazardous substances
I11
Secondary identifiers for ecotoxic substances
I13
Secondary identifiers for flammable substances
I16
Secondary identifiers for toxic substances
I17
Use of generic names
I18
Requirements for using concentration ranges
I19
Additional information requirements, including situations where substances are in
multiple packaging
I21
General documentation requirements
I23
Specific documentation requirements for ecotoxic substances
I25
Specific documentation requirements for flammable substances
I28
Specific documentation requirements for toxic substances
I29
Signage requirements
I30
Advertising corrosive and toxic substances
Packaging Controls
P1
General packaging requirements
P3
Criteria that allow substances to be packaged to a standard not meeting Packing
Group I, II or III criteria
P5
Packaging requirements for flammable liquids
P13
Packaging requirements for toxic substances
P15
Packaging requirements for ecotoxic substances
PG3
Packaging requirements equivalent to UN Packing Group III
PS4
Packaging requirements as specified in Schedule 4
Disposal Controls
D2
Disposal requirements for flammable substances
D4
Disposal requirements for toxic substances
D5
Disposal requirements for ecotoxic substances
D6
Disposal requirements for packages
D7
Information requirements for manufacturers, importers and suppliers, and persons
in charge
D8
Documentation requirements for manufacturers, importers and suppliers, and
persons in charge
Emergency Management Controls
EM1
Level 1 information requirements for suppliers and persons in charge
EM6
Information requirements for toxic substances
EM7
Information requirements for ecotoxic substances
EM8
Level 2 information requirements for suppliers and persons in charge
EM9
Additional information requirements for flammable and oxidising substances and
organic peroxides
EM10 Fire extinguisher requirements
EM11 Level 3 emergency management requirements: duties of person in charge,
emergency response plans
EM12 Level 3 emergency management requirements: secondary containment
EM13 Level 3 emergency management requirements: signage
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Tracking Controls
TR1
General tracking requirements
Approved Handler Controls
AH1
Approved Handler requirements (including test certificate and qualification
requirements)
Tank Wagon and Transportable Containers Controls
The Hazardous Substance (Tank Wagons and Transportable Containers) Regulations 2004
prescribe a number of controls relating to tank wagons and transportable containers.
Setting of exposure limits and application rates
5.6
Control T1 relates to limiting exposure to toxic substances through the setting of
Tolerable Exposure Limits (TELs). ERMA New Zealand is considering a range of
issues relating to TELs, including their setting, measurement and enforcement
following the passage of amendments to the Act in December 2005. The project team
notes that TELs have not been set for the reference substance and therefore proposes
that no TELs should be set at this time for PROTIM Aquazole Concentrate.
5.7
Control T2 relates to the requirement to set Workplace Exposure Standards (WESs).
Under regulation 29(2) of the Hazardous Substances (Classes 6, 8, and 9 Controls)
Regulations 2001, the project team proposes as a workplace exposure standard for
component E, the value or values specified in the document described in “Workplace
Exposure Standards”, published by the Occupational Safety and Health Service,
Department of Labour, January 2002, ISBN 0-477-03660-0. Also available at
www.osh.govt.nz/order/catalogue/pdf/wes2002.pdf.
5.8
Control E1 relates to limiting exposure to ecotoxic substances through the setting of
Environmental Exposure Limits (EELs). ERMA New Zealand is considering a range
of issues relating to EELs, including their setting, measurement and enforcement
following the passage of amendments to the Act in December 2005. The project team
notes that EELs have not been set for the reference substance and therefore proposes
that no EELs should be set at this time for PROTIM Aquazole Concentrate and that
the default EELwater be deleted.
Additional controls under section 77A
5.9
Under section 77A, the Authority may impose as controls any obligations and
restrictions that the Authority thinks fit. Before imposing a control under this section,
the Authority must be satisfied that, against any other specified controls applying to
PROTIM Aquazole Concentrate:
(a) the proposed control is more effective in terms of its effect on the management,
use and risks of hazardous substances; or
(b) the proposed control is more cost-effective in terms of its effect on the
management, use and risks of hazardous substances; or
(c) the proposed control is more likely to achieve its purpose.
5.10
The project team considers that the following controls are applicable to PROTIM
Aquazole Concentrate as discussed below:
5.10.1
The project team notes that the assessment of PROTIM Aquazole
Concentrate has been based solely upon the substance being used as a timber
treatment but none of the default controls limits how the substance may be
used. Accordingly, the Agency considers that the following control should be
applied to PROTIM Aquazole Concentrate as it will be more effective than
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the specified (default) controls in terms of its effect on the management, use
and risks of the substance:
PROTIM Aquazole Concentrate shall only be used as an agent in the preservation
treatment of timber at industrial sites.
5.10.2
The project team notes that the specified controls do not address the risks
associated with stationary container systems, they do not allow for
dispensation where it is unnecessary for any associated pipework to have
secondary containment and they do not address the risks relating to adverse
effects of unintended ignition of the substance. Accordingly, the project
team considers that the application of controls addressing these risks will be
more effective than the specified (default) controls in terms of their effect on
the management, use and risks of the substance. Such controls were applied
to timber treatments on transfer to the HSNO regime. The project team
considers that these controls are similarly appropriate for the management of
the risks associated with PROTIM Aquazole Concentrate and proposes that
the following controls should be applied to the substance:
The controls relating to stationary container systems, secondary containment and unintended
ignition of flammable substances as set out in Schedules 8, 9 and 10 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004
(Supplement to the New Zealand Gazette, 26 March 2004, No. 35, page 767), as
amended, shall apply to this substance, notwithstanding clause 1(1) of Schedules 8 and 9
and clause 1 of Schedule 10.
5.10.3
The project team considers that the following subclauses should be added
after subclause (3) of regulation 36 of the Hazardous Substances (Emergency
Management) Regulations 2001 (control EM12):
(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 any loss of
containment in the pipework it—
(a) is not to be taken into account in determining whether a place is required to have
a secondary containment system; and
(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
container; and
(b) includes a process pipeline or a transfer line.
Variation of controls under section 77
5.11
Under section 77, the default controls triggered for the substance may be varied.
Under section 77(3), controls may be substituted or added. Under section 77(4),
controls may be substituted or deleted. Under section 77(5), where a substance triggers
more than one hazard classification, controls may be combined.
5.12
The Agency considers that the following controls should be varied under section
77(4)(b) for PROTIM Aquazole Concentrate, as the variations will not significantly
increase the adverse effects of the substance:
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5.12.1
Controls F2 and T7 relate to requirements for carriage of substances on
passenger service vehicles. The trigger quantity that would normally apply
for a substance with the hazard classification of PROTIM Aquazole
Concentrate is 0.1 L, as driven by the sensitisation classification. However,
the project team notes that the trigger quantity for sensitisation was varied
for pesticides transferred to the Act under the Hazardous Substances
(Pesticides) Transfer Notice 2004, from 0.1 L to I L. Consequently, the
Agency considers that the quantity of PROTIM Aquazole Concentrate
triggering this requirement should likewise be increased to 1 L.
5.12.2
Controls E7, AH1 and TR1 relate to tracking requirements for PROTIM
Aquazole Concentrate triggered as a result of its 9.1A classification. As this
substance will not be used in a wide dispersive manner, the project team
consider that the approved handler controls can be deleted as provided by
section 77(4)(b). Further, where the tracking controls have been triggered
solely as a result of ecotoxicity, it is considered that any risks arising during
the substance’s life-cycle are adequately managed by other controls such as
packaging, labelling and emergency management requirements. The project
team therefore proposes that the tracking controls be deleted as provided by
section 77(4)(b). This approach is consistent with the Authority’s policy on
approved handler and tracking controls for class 9 substances (November
2003).
5.12.3
Control I16 (Regulation 25 of the Hazardous Substances (Identification)
Regulations 2001) relates to requirements for identifying on the substance
label every ingredient that would, independently of any other ingredient, give
PROTIM Aquazole Concentrate a hazard classification of 6.5 and 6.9. The
project team considers that Components A and B which would,
independently of any other ingredients, cause PROTIM Aquazole
Concentrate to be classified as a 6.9B substance, do not require identification
on the substance label because of their low concentration in the formulation.
However, the project team considers that this variation should only apply to
the substance label and that documentation requirements required by control
I21 (Regulation 39 of the Hazardous Substances (Identification) Regulations
2001) should apply as though control I16 has not been varied.
5.12.4
Accordingly, the labelling requirements for PROTIM Aquazole Concentrate
are as follows:
Labelling
requirement
component C
5.13
Documentation
requirement
component A
component B
component C
The Agency considers that the following controls may be combined under section
77(5) for PROTIM Aquazole Concentrate as they relate to the same requirements:
5.13.1
Controls T4 and E6 which relate to requirements for equipment used to
handle PROTIM Aquazole Concentrate.
5.13.2
Controls P3, P5, P13 and P15 which relate to packaging requirements for
PROTIM Aquazole Concentrate.
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5.13.3
Controls D2, D4 and D5 which relate to disposal requirements for PROTIM
Aquazole Concentrate.
5.14
It is noted that changes may have been made in legislation subsequent to the approval
of the reference substance. These regulatory changes now also apply to the reference
substance (section 77(2)(a)).
5.15
The modifications to controls, as above, have been incorporated into the list of
controls for PROTIM Aquazole Concentrate detailed in Appendix 1.
PROTIM Aquazole Ready-to-use
Default controls
5.16
Based on the hazard classifications determined for the PROTIM Aquazole
Ready-to-use, a set of associated default controls has been identified by the project
team as being applicable. These default controls, expressed as control codes1, are listed
in Table 5.2.
5.17
Additional controls under section 77A are available to manage the risks associated with
PROTIM Aquazole Ready-to-use, which are not addressed by the default controls.
These are considered in Paragraph 5.23 of this decision.
5.18
As the proposed substance has a reduced hazard profile when compared to the
reference substance, many of the controls assigned to the reference substance (F1, F2,
F3, F5, F6, F11, F12, F14, F16, T3, T6, T8, E4, I5, I8, I13, I20, I25, I30, P5, D2, EM9
and EM10) are not applicable. As both products have the same use pattern, the
remaining controls are the same other than some minor labelling differences and
changes to some trigger quantities.
5.19
The project team notes that controls, E2 (Restrictions on use of substances in
application areas), E3 (Controls relating to protection of terrestrial invertebrates) and
E5 (Requirements for keeping records of use) have been triggered for PROTIM
Aquazole Ready-to-use on the basis of its intrinsic hazards. However, these controls
were not considered relevant based on the substance’s use as a timber treatment and
have therefore not been listed. This is consistent with the reference substance.
Table 5.2: List of default controls for PROTIM Aquazole Ready-to-use
Toxicity Controls
T1
Limiting exposure to toxic substances through the setting of TELs
T2
Controlling exposure in places of work through the setting of WESs.
T4
Requirements for equipment used to handle substances
T5
Requirements for protective clothing and equipment
T7
Restrictions on the carriage of toxic or corrosive substances on passenger service
vehicles
Ecotoxicity Controls
E1
Limiting exposure to ecotoxic substances through the setting of EELs
E6
Requirements for equipment used to handle substances
E7
Approved handler/security requirements for certain ecotoxic substances
Identification Controls
Control codes are those assigned by ERMA NZ to enable easy cross reference with the regulations. A detailed list of
these codes is contained in the ERMA New Zealand User Guide to the Controls Regulations.
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1
I1
Identification requirements, duties of persons in charge, accessibility,
comprehensibility, clarity and durability
I3
Priority identifiers for ecotoxic substances
I9
Secondary identifiers for all hazardous substances
I11
Secondary identifiers for ecotoxic substances
I16
Secondary identifiers for toxic substances
I17
Use of generic names
I18
Requirements for using concentration ranges
I19
Additional information requirements, including situations where substances are in
multiple packaging
I21
General documentation requirements
I23
Specific documentation requirements for ecotoxic substances
I28
Specific documentation requirements for toxic substances
I29
Signage requirements
Packaging Controls
P1
General packaging requirements
P3
Criteria that allow substances to be packaged to a standard not meeting Packing Group
I, II or III criteria
P13
Packaging requirements for toxic substances
P15
Packaging requirements for ecotoxic substances
PG3
Packaging requirements equivalent to UN Packing Group III
PS4
Packaging requirements as specified in Schedule 4
Disposal Controls
D4
Disposal requirements for toxic substances
D5
Disposal requirements for ecotoxic substances
D6
Disposal requirements for packages
D7
Information requirements for manufacturers, importers and suppliers, and persons in
charge
D8
Documentation requirements for manufacturers, importers and suppliers, and persons
in charge
Emergency Management Controls
EM1
Level 1 information requirements for suppliers and persons in charge
EM6
Information requirements for toxic substances
EM7
Information requirements for ecotoxic substances
EM8
Level 2 information requirements for suppliers and persons in charge
EM11 Level 3 emergency management requirements: duties of person in charge, emergency
response plans
EM12 Level 3 emergency management requirements: secondary containment
EM13 Level 3 emergency management requirements: signage
Tracking Controls
TR1
General tracking requirements
Approved Handler Controls
AH1
Approved Handler requirements (including test certificate and qualification
requirements)
Tank Wagon and Transportable Containers Controls
The Hazardous Substance (Tank Wagons and Transportable Containers) Regulations 2004
prescribe a number of controls relating to tank wagons and transportable containers.
Setting of exposure limits and application rates
5.20
Control T1 relates to limiting exposure to toxic substances through the setting of
Tolerable Exposure Limits (TELs). ERMA New Zealand is considering a range of
issues relating to TELs, including their setting, measurement and enforcement
following the passage of amendments to the Act in December 2005. The project team
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notes that TELs have not been set for the reference substance and therefore proposes
that no TELs should be set at this time for PROTIM Aquazole Ready-to-use.
5.21
Control T2 relates to the requirement to set Workplace Exposure Standards (WESs).
Under regulation 29(2) of the Hazardous Substances (Classes 6, 8, and 9 Controls)
Regulations 2001, the project team proposes as a workplace exposure standard for
component E, the value or values specified in the document described in “Workplace
Exposure Standards”, published by the Occupational Safety and Health Service,
Department of Labour, January 2002, ISBN 0-477-03660-0. Also available at
www.osh.govt.nz/order/catalogue/pdf/wes2002.pdf.
5.22
Control E1 relates to limiting exposure to ecotoxic substances through the setting of
Environmental Exposure Limits (EELs). ERMA New Zealand is considering a range
of issues relating to EELs, including their setting, measurement and enforcement
following the passage of amendments to the Act in December 2005. The project team
notes that EELs have not been set for the reference substance and therefore proposes
that no EELs should be set at this time for PROTIM Aquazole Ready-to-use and
that the default EELwater be deleted.
Additional controls under section 77A
5.23
Under section 77A, the Authority may impose as controls any obligations and
restrictions that the Authority thinks fit. Before imposing a control under this section,
the Authority must be satisfied that, against any other specified controls applying to
PROTIM Aquazole Ready-to-use:
(a) the proposed control is more effective in terms of its effect on the management,
use and risks of hazardous substances; or
(b) the proposed control is more cost-effective in terms of its effect on the
management, use and risks of hazardous substances; or
(c) the proposed control is more likely to achieve its purpose.
5.24
The project team considers that the following controls are applicable to PROTIM
Aquazole Ready-to-use as discussed below:
5.24.1
The project team notes that the assessment of PROTIM Aquazole
Ready-to-use has been based solely upon the substance being used as a
timber treatment but none of the default controls limits how the substance
may be used. Accordingly, the Agency considers that the following control
should be applied to PROTIM Aquazole Ready-to-use as it will be more
effective than the specified (default) controls in terms of its effect on the
management, use and risks of the substance:
PROTIM Aquazole Ready-to-use shall only be used as an agent in the preservation
treatment of timber at industrial sites.
5.24.2
The project team notes that the specified controls do not address the risks
associated with stationary container systems and they do not allow for
dispensation where it is unnecessary for any associated pipework to have
secondary containment. Accordingly, the project team considers that the
application of controls addressing these risks will be more effective than the
specified (default) controls in terms of their effect on the management, use
and risks of the substance. Such controls were applied to timber treatments
on transfer to the HSNO regime. The project team considers that these
controls are similarly appropriate for the management of the risks associated
Environmental Risk Management Authority Decision: Application HSR07033
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with PROTIM Aquazole Ready-to-use and proposes that the following
controls should be applied to the substance:
The controls relating to stationary container systems and secondary containment as set out
in Schedules 8 and 9 of the Hazardous Substances (Dangerous Goods and Scheduled
Toxic Substances) Transfer Notice 2004 (Supplement to the New Zealand Gazette, 26
March 2004, No. 35, page 767), as amended, shall apply to this substance,
notwithstanding clause 1(1) of Schedules 8 and 9.
5.24.3
The project team considers that the following subclauses should be added
after subclause (3) of regulation 36 of the Hazardous Substances (Emergency
Management) Regulations 2001 (control EM12):
(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 any loss of
containment in the pipework it—
(a) is not to be taken into account in determining whether a place is required to have
a secondary containment system; and
(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
container; and
(b) includes a process pipeline or a transfer line.
Variation of controls under section 77
5.25
Under section 77, the default controls triggered for the substance may be varied.
Under section 77(3), controls may be substituted or added. Under section 77(4),
controls may be substituted or deleted. Under section 77(5), where a substance triggers
more than one hazard classification, controls may be combined.
5.26
The Agency considers that the following controls should be varied under section
77(4)(b) for PROTIM Aquazole Ready-to-use, as the variations will not significantly
increase the adverse effects of the substance:
5.26.1
Control T7 relates to restrictions on the carriage of hazardous substances on
passenger service vehicles. The trigger quantity that would normally apply for
a substance with the hazard classification of PROTIM Aquazole
Ready-to-use is 0.1 L, as driven by the sensitisation classification. However,
the project team notes that the trigger quantity for sensitisation was varied for
pesticides transferred to the Act under the Hazardous Substances (Pesticides)
Transfer Notice 2004, from 0.1 L to I L. Consequently, the Agency
considers that the quantity of PROTIM Aquazole Ready-to-use triggering
this requirement should likewise be increased to 1 L.
5.26.2
Controls E7, AH1 and TR1 relate to tracking requirements for PROTIM
Aquazole Ready-to-use triggered as a result of its 9.1A classification. As this
substance will not be used in a wide dispersive manner, the project team
consider that the approved handler controls can be deleted as provided by
section 77(4)(b). Further, where the tracking controls have been triggered
solely as a result of ecotoxicity, it is considered that any risks arising during
Environmental Risk Management Authority Decision: Application HSR07033
Page 13 of 40
the substance’s life-cycle are adequately managed by other controls such as
packaging, labelling and emergency management requirements. The project
team therefore proposes that the tracking controls be deleted as provided by
section 77(4)(b). This approach is consistent with the Authority’s policy on
approved handler and tracking controls for class 9 substances (November
2003).
5.26.3
Controls I16 and I21 relate to requirements to identify certain toxic
components on labels and in accompanying documentation. In accordance
with the Hazardous Substances Standing Committee determination of March
2006, the Agency considers that the following components should be
specified on the label and documentation for PROTIM Aquazole
Ready-to-use:
Labelling
requirement
component C
5.27
Documentation
requirement
component C
The Agency considers that the following controls may be combined under section
77(5) for PROTIM Aquazole Ready-to-use as they relate to the same requirements:
5.27.1
Controls T4 and E6 which relate to requirements for equipment used to
handle PROTIM Aquazole Ready-to-use.
5.27.2
Controls P3, P13 and P15 which relate to packaging requirements for
PROTIM Aquazole Ready-to-use.
5.27.3
Controls D4 and D5 which relate to disposal requirements for PROTIM
Aquazole Ready-to-use.
5.28
It is noted that changes may have been made in legislation subsequent to the approval
of the reference substance. These regulatory changes now also apply to the reference
substance (section 77(2)(a)).
5.29
The modifications to controls, as above, have been incorporated into the list of
controls for PROTIM Aquazole Ready-to-use detailed in Appendix 2.
6 Comparison of the adverse effects
6.1
The project team notes that there are no substantial differences in the life-cycle, use,
purpose and presentations between the proposed substances and the reference
substance.
6.2
Given the similarities in life-cycle and use of PROTIM Aquazole Concentrate,
PROTIM Aquazole Ready-to-use and the reference substance, the project team does
not expect that an increase in potential exposure will occur. As the risks posed by the
proposed substances are somewhat less than that of the reference substance, the
project team considers that the controls assigned to the reference substance, with the
exceptions as described in Paragraph 5.4 for PROTIM Aquazole Concentrate and
Paragraph 5.18 for PROTIM Aquazole Ready-to-use, are similarly applicable.
6.3
The project team considers that there are no other matters which would prevent this
application for PROTIM Aquazole Concentrate and PROTIM Aquazole Ready-to-use
from being rapidly assessed.
Environmental Risk Management Authority Decision: Application HSR07033
Page 14 of 40
7 Environmental user charges
7.1
The project team considers that use of controls on PROTIM Aquazole Concentrate
and PROTIM Aquazole Ready-to-use is an effective means of managing risks
associated with these substances. At this time, no consideration has been given to
whether or not environmental charges should be applied to these substances as an
alternative or additional means of achieving effective risk management. Accordingly,
no report has been made to the Minister for the Environment.
8 Decision
8.1
Pursuant to section 28A, I have considered this application to import or manufacture
hazardous substances for release made under section 28.
8.2
Having considered the compositions, hazardous properties, and uses for PROTIM
Aquazole Concentrate and PROTIM Aquazole Ready-to-use, I am satisfied that the
proposed substances meet the criteria for rapid assessment under section 28A(2)(c) in
that they have been formulated so that one or more of their hazardous properties have
a lesser degree of hazard than an approved reference substance.
8.3
As the risks posed by the proposed substances are somewhat less than that of the
reference substance, I consider that applying the same suite of controls to PROTIM
Aquazole Concentrate and PROTIM Aquazole Ready-to-use will ensure adequate
management of any adverse effects, with the exceptions as described in Paragraphs 5.4
and 5.18, the setting of exposure limits and application rates proposed under
Paragraphs 5.6 to 5.8 and 5.20 to 5.22 (inclusive), the additions proposed under
Paragraphs 5.10 to 5.10.3 and 5.23 to 5.24.3 (inclusive) and the amendments proposed
under Paragraphs 5.11 to 5.13.3 and 5.25 to 5.27.3 (inclusive).
8.4
In this consideration, I have also applied the following criteria in the Methodology:
 clause 9 – equivalent of sections 5, 6 and 8;
 clause 12 – risk assessment;
 clause 21 – the decision accords with the requirements of the Act and regulations;
 clause 24 – the use of recognised risk identification, assessment, evaluation and
management techniques;
 clause 25 – the evaluation of risks; and
 clause 35 – the costs and benefits of varying the default controls.
8.5
The application for importation and manufacture of the hazardous substances,
PROTIM Aquazole Concentrate and PROTIM Aquazole Ready-to-use for release is
thus approved with controls as detailed in Appendix 1 and Appendix 2.
Johanne Spring
Date: 16 April 2007
Acting Chief Executive, ERMA New Zealand
PROTIM Aquazole Concentrate
ERMA New Zealand Approval Code:
HSR007777
PROTIM Aquazole Ready-to-use
ERMA New Zealand Approval Code:
HSR007778
Environmental Risk Management Authority Decision: Application HSR07033
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Appendix 1: controls applying to PROTIM Aquazole Concentrate
The controls imposed on PROTIM Aquazole Concentrate are as follows. The regulations cited
should be referred to for definitions and exemptions. The ERMA New Zealand publication “User
Guide to Control Regulations” provides useful guidance on the controls.
Control Regulation2 Explanation3
Code1
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable
Property Controls
F2
8
General public transportation restrictions and requirements for PROTIM
Aquazole Concentrate
T7
10
The maximum quantity per package of PROTIM Aquazole Concentrate to be
Classes 6,8 and 9
carried on passenger service vehicles is 1 L.
control
regulations
F6
F11
60-70
76
Requirements to reduce the likelihood of unintended ignition of
PROTIM Aquazole Concentrate
These regulations prescribe controls to reduce the likelihood of unintended
ignition of PROTIM Aquazole Concentrate. 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 autoignition temperature of the substance, and
(2)
keeping sources of ignition below the minimum ignition energy,
either by removal of the ignition source from any location where
flammable substances are handled, or by protecting the “general”
mass of flammable material from the ignition source, e.g. by
enclosing any ignition sources in an enclosure that will not allow the
propagation of the flame to the outside; or using flameproof motors
especially designed to prevent ignition energy escaping.
It should be noted that any person handling any quantity of PROTIM
Aquazole Concentrate under any of regulations 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)].
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of PROTIM Aquazole
Concentrate, there is a requirement to ensure that it does not come into contact
with any incompatible substance as below. There is also a requirement that
packages of incompatible substances are held separately:
all class 1 substances
all class 2 substances
Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix. This links the
hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA New Zealand website
www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO Control Regulations.
2 These Regulations form the controls applicable to this substance. Refer to the cited Regulations for the formal specification, and for definitions and
exemptions. The accompanying explanation is intended for guidance only.
3 These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
1
Environmental Risk Management Authority Decision: Application HSR07033
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class 3.2 substances
all class 4 substances
all class 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.
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 toxic substances through the
setting of tolerable exposure limits (TELs).
No ADE or TEL values are set for PROTIM Aquazole Concentrate at
this time.
T2
29, 30
Controlling exposure in places of work
A workplace exposure standard (WES) is designed to protect persons in the
workplace from the adverse effects of toxic substances. A WES is an airborne
concentration of a substance (expressed as mg substance/m3 of air or ppm in
air), which must not be exceeded in a workplace and applies to every place of
work.
OSH WES values have been adopted for component E in PROTIM
Aquazole Concentrate.
T4, E6
7
Requirements for equipment used to handle hazardous substances
Any equipment used to handle PROTIM Aquazole Concentrate 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
8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when PROTIM Aquazole
Concentrate 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).
No EELs have been set for PROTIM Aquazole Concentrate at this time
and default water EEL is deleted.
Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of PROTIM Aquazole Concentrate in terms of:
 information that must be “immediately available” with PROTIM Aquazole
Concentrate (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 PROTIM Aquazole
Concentrate.
I1
6, 7, 32-35,
General identification requirements
36 (1)-(7)
These controls relate to the duties of suppliers and persons in charge of
PROTIM Aquazole Concentrate with respect to identification (essentially
labelling) (Regulations 6 and 7), accessibility of the required information
Environmental Risk Management Authority Decision: Application HSR07033
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(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 PROTIM Aquazole Concentrate 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 PROTIM Aquazole
Concentrate 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 PROTIM
Aquazole Concentrate (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 PROTIM Aquazole Concentrate 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 it 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
PROTIM Aquazole Concentrate (or its packaging) that suggests it belongs to a
class or subclass that it does not in fact belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by Regulations 8 to 17) must be
available within two seconds, e.g. on the label.
All secondary identifier Information (as required by Regulations 18 to 30) must
be available within 10 seconds, e.g. on the label.
I3
9
Regulations 34, 35, 36(1)-(7) – Comprehensibility, Clarity and Durability of
information
All required priority and secondary identifiers must be presented in a way that
meets the performance standards in these Regulations. In summary:
 any information provided (either written or oral) must be readily
understandable and in English;
 any information provided in written or pictorial form must be able to be
easily read or perceived by a person with average eyesight under normal
lighting conditions;
 any information provided in an audible form must be able to be easily heard
by a person with average hearing;
 any information provided must be in a durable format 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 substances
This requirement specifies that PROTIM Aquazole Concentrate must be
prominently identified as being ecotoxic.
This information must be available to any person handling PROTIM Aquazole
Concentrate within two seconds (Regulation 32) and can be provided by way of
signal headings or commonly understood pictograms on the label.
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I5
I8
11
14
I9
18
I11
20
I13
22
Priority identifiers for flammable substances
This requirement specifies that PROTIM Aquazole Concentrate must be
prominently identified as being flammable. In addition, the following
information must be provided:
 an indication that PROTIM Aquazole Concentrate is a liquid;
 information must be provided on its general degree of hazard (ie
flammable liquids: low hazard).
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 PROTIM Aquazole Concentrate must be
prominently identified as being toxic. In addition, information must be
provided on the general degree and type of hazard of PROTIM Aquazole
Concentrate and the need to restrict access to the substance by children.
This information must be available to any person handling PROTIM Aquazole
Concentrate within two seconds (Regulation 32) and can be provided by way of
signal headings or commonly understood pictograms on the label.
Secondary identifiers for all hazardous substances
This control relates to detail required for PROTIM Aquazole Concentrate on
the product label. This information must be accessible within 10 seconds
(Regulation 33) and could be provided on secondary panels on the product
label. The following information is required:
 an indication (which may include its common name, chemical name, or
registered trade name) that unequivocally identifies it; and
 enough information to enable its New Zealand importer, supplier, or
manufacturer to be contacted, either in person or by telephone; and
 in the case of a substance which, when in a closed container, is likely to
become more hazardous over time or develop additional hazardous
properties, or become a hazardous substance of a different class or subclass,
a description of each likely change and the date by which it is likely to occur.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for PROTIM
Aquazole Concentrate. This information must be accessible within 10 seconds
(Regulation 33) and could be provided on secondary panels on the product
label. The following information must be provided:
 an indication of the circumstances in which it may harm living organisms;
 an indication of the kind and extent of the harm it is likely to cause to living
organisms;
 an indication of the steps to be taken to prevent harm to living organisms;
 an indication of its general type and degree of hazard (ie very ecotoxic in
the aquatic environment, ecotoxic to terrestrial invertebrates).
Secondary identifiers for flammable substances
This control relates to the additional label detail required for PROTIM
Aquazole Concentrate. This information must be accessible within 10 seconds
(Regulation 33) and could be provided on secondary panels on the product
label. The following information must be provided:
 an indication of its general type and degree of flammable hazard (ie
flammable liquids: low hazard);
 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.
Environmental Risk Management Authority Decision: Application HSR07033
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I16
25
I17
26
Secondary identifiers for toxic substances
This control relates to the additional label detail required for PROTIM
Aquazole Concentrate. 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 (ie acutely
toxic, irritating to the skin, irritating to the eye, respiratory sensitiser,
contact sensitiser, harmful to human target organs or systems);
 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 component C.
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 Regulation 25(e).
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
[Regulation 25 (e) specifies a requirement to list on the product label, the name
of component C].
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 Regulation 25(e).
[Regulation 25 (e) specifies a requirement to list on the product label, the name
of component C].
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
PROTIM Aquazole Concentrate 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 (ie flammable liquids: low hazard, acutely toxic, irritating to the
skin, irritating to the eye, respiratory sensitiser, contact sensitiser,
harmful to human target organs or systems, very ecotoxic in the aquatic
environment, ecotoxic to terrestrial invertebrates).
Regulation 29(2) specifies that for bulk transport containers, it is sufficient
compliance if PROTIM Aquazole Concentrate 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 PROTIM Aquazole Concentrate 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, ie the
Environmental Risk Management Authority Decision: Application HSR07033
Page 20 of 40
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.
I21
37-39, 47-50
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for PROTIM
Aquazole Concentrate that is imported into New Zealand in a closed package
or in a freight container and will be transported to its destination without being
removed from that package or container. In these situations, it is sufficient
compliance with HSNO if the package or container is labelled or marked in
compliance with the requirements of the Land Transport Rule 45001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge of places
of work with respect to provision of documentation (essentially Safety Data
Sheets) (Regulations 37, 38 and 50); the general content requirements of the
documentation (Regulation 39 and 47); the accessibility and presentation of the
required documentation with respect to comprehensibility and clarity
(Regulation 48).
These controls are triggered when PROTIM Aquazole Concentrate is held in
the workplace in quantities equal to or greater than 1 L.
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 PROTIM Aquazole Concentrate equal to or greater than 1 L, if it is
to be used in a place of work and the supplier has not previously provided the
documentation to that person.
Regulation 38 – Documentation duties of persons in charge of places of work
The person in charge of any place of work where hazardous substances are
present in quantities equal to or greater than those specified in Regulation 38
(and with reference to Schedule 2 of the Identification Regulations), must
ensure that every person handling the substance has access to the
documentation required for each hazardous substance concerned. The person
in charge must also ensure that the documentation does not contain any
information that suggests that the substance belongs to a class or subclass it
does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with PROTIM Aquazole Concentrate 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 PROTIM Aquazole Concentrate’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 PROTIM Aquazole Concentrate that, when in a closed
container, is likely to become more hazardous over time or develop
Environmental Risk Management Authority Decision: Application HSR07033
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



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 PROTIM
Aquazole Concentrate;
the date on which the documentation was prepared;
the name, concentration and CAS number of components A, B and C.
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 PROTIM
Aquazole Concentrate in a place of work within 10 minutes. The
documentation must be readily understandable by any fully-trained worker
required to have access to it and must be easily read, under normal lighting
conditions, at a distance of not less than 0.3 m.
Regulation 49 – Documentation requirements for vehicles
This Regulation provides for the option of complying with documentation
requirements as specified in the various Land, Sea and Air transport rules when
the substance is being transported.
I23
41
I25
43
Regulation 50 – Documentation to be supplied on request
Notwithstanding Regulation 37 above, a supplier must provide the required
documentation to any person in charge of a place of work (where a hazardous
substance is present) if asked to do so by that person.
Specific documentation requirements for ecotoxic substances
The documentation provided with PROTIM Aquazole Concentrate must
include the following information:
 its general degree and type of ecotoxic hazard (ie very ecotoxic in the
aquatic environment, ecotoxic to terrestrial invertebrates);
 a full description of the circumstances in which it may harm living
organisms and the extent of that harm;
 a full description of the steps to be taken to prevent harm to living
organisms;
 a summary of the available acute and chronic (ecotox) data used to define
the (ecotox) subclass or subclasses in which it is classified;
 its bio-concentration factor or octanol-water partition coefficient;
 its expected soil or water degradation rate;
 any EELs set by the Authority.
Specific documentation requirements for flammable substances
The documentation provided with PROTIM Aquazole Concentrate must
include the following information:
 its general degree and type of hazard (ie flammable liquids: low 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;
Environmental Risk Management Authority Decision: Application HSR07033
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
I28
46
I29
51-52
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 PROTIM Aquazole Concentrate must
include the following information:
 its general degree and type of toxic hazard (ie acutely toxic, irritating to
the skin, irritating to the eye, respiratory sensitiser, contact
sensitiser, harmful to human target organs or systems);
 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 PROTIM Aquazole Concentrate
is held in quantities exceeding 100 L.
Signs are required:
 at every entrance to the building and/or location (vehicular and pedestrian)
where hazardous substances are present
 at each entrance to rooms or compartments where hazardous substances are
present;
 immediately adjacent to the area where hazardous substances are located in
an outdoor area.
The information provided in the signage needs to be understandable over a
distance of 10 metres and be sufficient to:
 advise that the location contains hazardous substances;
 describe the general type of hazard of each substance (ie flammable
liquids: low hazard, very ecotoxic in the aquatic environment,
ecotoxic to terrestrial invertebrates);
 where the signage is immediately adjacent to the hazardous substance
storage areas, describe the precautions needed to safely manage the
substance.
I30
53
Advertising PROTIM Aquazole Concentrate
Any advertisement for PROTIM Aquazole Concentrate 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 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
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 PROTIM Aquazole
Concentrate with any previous contents of the packaging.
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Regulation 5 – Ability to retain contents
Packaging for PROTIM Aquazole Concentrate 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 reclosed. The packaging in direct contact with PROTIM Aquazole Concentrate
must not be significantly affected or weakened by contact with it such that the
foregoing requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing PROTIM Aquazole Concentrate must not be marked in
accordance with the UN Model Regulations unless:
 the markings comply with the relevant provisions of that document; and
 the packaging complies with the tests set out in Schedule 3 (Packaging
Regulations); and
 the design of the packaging has been test certified as complying with those
tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing PROTIM Aquazole Concentrate, 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
PROTIM Aquazole Concentrate must not be packed in packaging that has
been previously used for 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 PROTIM Aquazole Concentrate 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.
P3, P5,
P13,
P15
9, 11, 19, 21
PG3
Schedule 3
PS4
Schedule 4
“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 PROTIM Aquazole Concentrate
PROTIM Aquazole Concentrate in quantities over 1 L must be packaged
according to Schedule 3 (UN PGIII), but must be packaged according to
Schedule 3 or Schedule 4 when in quantities equal to or less than 1 L
PROTIM Aquazole Concentrate that is offered for sale in a package of less
than 2.5 L must be in child resistant packaging (ie 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 PROTIM Aquazole Concentrate when packaged in
quantities of more than 1 L. 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 PROTIM Aquazole Concentrate when packaged in
quantities equal to or less than 1 L.
Environmental Risk Management Authority Decision: Application HSR07033
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Hazardous Substances (Disposal) Regulations 2001
D2, D4, 6, 8, 9
Disposal requirements for PROTIM Aquazole Concentrate
D5
As provided by section 77(5), the disposal requirements for PROTIM Aquazole
Concentrate 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;
 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 the 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.
D6
10
Disposal requirements for packages
This control gives the disposal requirements for packages that contained
PROTIM Aquazole Concentrate 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
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 any
quantity of PROTIM Aquazole Concentrate.
D8
13, 14
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 PROTIM Aquazole
Concentrate 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 PROTIM Aquazole Concentrate that exceeds 1 L.
The documentation must describe one or more methods of disposal (that
comply with the Disposal Regulations) and describe any precautions that must
be taken. Such documentation must be accessible to a person handling
PROTIM Aquazole Concentrate 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
Environmental Risk Management Authority Decision: Application HSR07033
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(essentially on the label) that must be provided with PROTIM Aquazole
Concentrate when present in quantities equal to or greater than 0.1 L.
Regulation 6 describes the duties of suppliers, Regulation 7 describes the duties
of persons in charge of places, Regulation 9 describes the requirement for the
availability of the information (10 seconds) and Regulation 10 gives the
requirements relating to the presentation of the information with respect to
comprehensibility, clarity and durability. These requirements correspond with
those relating to secondary identifiers required by the Identification Regulations
(code I1, Regulations 6, 7, 32–35, 36(1)-(7)).
EM6
8(e)
EM7
8(f)
EM8
12-16, 18-20
Regulation 11 provides for the option of complying with the information
requirements of the transport rules when PROTIM Aquazole Concentrate is
being transported.
Information requirements for toxic substances
The following information must be provided when PROTIM Aquazole
Concentrate is present in quantities equal to or greater than 0.1 L:
 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 PROTIM Aquazole
Concentrate when present in quantities equal to or greater than 0.1 L:
 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
PROTIM Aquazole Concentrate from entering or affecting those parts of
the environment.
Level 2 emergency management documentation requirements
These controls relate to the duties of suppliers and persons in charge of places
of work with respect to the provision of emergency management
documentation (essentially Safety Data Sheets). This documentation must be
provided where PROTIM Aquazole Concentrate is sold or supplied, or held in
a workplace, in quantities equal to or greater than 1 L.
Regulations 12 and 13 describe the duties of suppliers, regulation 14 describes
the duties of persons in charge of places of work, regulation 15 provides for the
option of complying with documentation requirements of the transport rules
when PROTIM Aquazole Concentrate is being transported, and regulation 16
specifies requirements for general contents of the documentation.
EM9
17
EM10
21-24
Regulation 18 prescribes location and presentation requirements for the
documentation, ie 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 PROTIM Aquazole
Concentrate
There is an additional requirement for PROTIM Aquazole Concentrate 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 PROTIM Aquazole Concentrate is held
in a place of work in quantities exceeding 500 L must have two fire
extinguishers. The intention of these general requirements is to provide
sufficient fire-fighting capacity to stop a fire spreading and reaching PROTIM
Aquazole Concentrate, rather than providing sufficient capacity to extinguish
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any possible fire involving large quantities of hazardous substances.
EM11
EM12
25-34
35-41
Each fire extinguisher must be located within 30 m of PROTIM Aquazole
Concentrate or in a transportation situation, in or on the vehicle (Regulation
22).The performance measure for an extinguisher is that it must be capable of
extinguishing a fully ignited pool of flammable liquid (50 mm deep and at least
6 m2 in area), before the extinguisher is exhausted, and when used by one
person (Regulation 23).
Level 3 emergency management requirements – emergency response
plans
These Regulations relate to the requirement for an emergency response plan to
be available at any place (excluding aircraft or ships) where PROTIM Aquazole
Concentrate is held (or reasonably likely to be held on occasion) in quantities
greater than 100 L.
The emergency response plan must describe all of the likely emergencies that
may arise from the breach or failure of controls. The type of information that is
required to be included in the plan is specified in Regulations 29 to 30.
Requirements relating to the availability of equipment, materials and people are
provided in Regulation 31, requirements regarding the availability of the plan
are provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
Level 3 emergency management requirements – secondary containment
These Regulations relate to the requirement for a secondary containment
system to be installed at any fixed location where PROTIM Aquazole
Concentrate is held in quantities equal to or greater than 100 L.
Regulation 36 prescribes requirements for secondary containment systems for
pooling substances. 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.
The following subclauses shall be added after subclause (3) of regulation
36:
(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 any loss of containment in the pipework
it—
(a) is not to be taken into account in determining whether a place
is required to have a secondary containment system; and
(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 container; and
(b) includes a process pipeline or a transfer line.
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EM13
42
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management information on
signage at places where PROTIM Aquazole Concentrate is held at quantities
equal to or greater than 100 L. Note the quantity specified does not take into
account aggregate quantity requirements.
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 to 43
The Hazardous Substances (Tank Wagons and Transportable Containers)
where applicable
Regulations 2004 prescribe a number of controls relating to tank wagons and
transportable containers and must be complied with as relevant.
Additional Controls set under s77A
PROTIM Aquazole Concentrate shall only be used as an agent in the preservation treatment of timber at
industrial sites.
The controls relating to stationary container systems, secondary containment and unintended ignition of
flammable substances as set out in Schedules 8, 9 and 10 of the Hazardous Substances (Dangerous Goods
and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to the New Zealand Gazette, 26
March 2004, No. 35, page 767), as amended, shall apply to this substance, notwithstanding clause 1(1) of
Schedules 8 and 9 and clause 1 of Schedule 10.
EM12: refer to EM12 for explanation of additional subclauses.
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Appendix 2: controls applying to PROTIM Aquazole Ready-to-use
The controls imposed on PROTIM Aquazole Ready-to-use are as follows. The regulations cited
should be referred to for definitions and exemptions. The ERMA New Zealand publication “User
Guide to Control Regulations” provides useful guidance on the controls.
Control Regulation2 Explanation3
Code1
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 toxic substances through the
setting of tolerable exposure limits (TELs).
No ADE or TEL values are set for PROTIM Aquazole Ready-to-use at
this time.
T2
29, 30
Controlling exposure in places of work
A workplace exposure standard (WES) is designed to protect persons in the
workplace from the adverse effects of toxic substances. A WES is an airborne
concentration of a substance (expressed as mg substance/m3 of air or ppm in
air), which must not be exceeded in a workplace and applies to every place of
work.
OSH WES values have been adopted for component E in PROTIM
Aquazole Ready-to-use.
T4, E6
7
Requirements for equipment used to handle hazardous substances
Any equipment used to handle PROTIM Aquazole Ready-to-use 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
8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when PROTIM Aquazole
Ready-to-use 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.
T7
10
Restrictions on the carriage of hazardous substances on passenger
service vehicles
In order to limit the potential for public exposure to PROTIM Aquazole
Ready-to-use, the maximum quantity per package permitted to be carried on
passenger service vehicles is 1 L.
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).
No EELs have been set for PROTIM Aquazole Ready-to-use at this time
and default water EEL is deleted.
Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix. This links the
hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA New Zealand website
www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO Control Regulations.
2 These Regulations form the controls applicable to this substance. Refer to the cited Regulations for the formal specification, and for definitions and
exemptions. The accompanying explanation is intended for guidance only.
3 These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
1
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Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of PROTIM Aquazole Ready-to-use in terms of:
 information that must be “immediately available” with PROTIM Aquazole
Ready-to-use (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 PROTIM Aquazole
Ready-to-use.
I1
6, 7, 32-35,
General identification requirements
36 (1)-(7)
These controls relate to the duties of suppliers and persons in charge of
PROTIM Aquazole Ready-to-use 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 PROTIM Aquazole Ready-to-use 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 PROTIM Aquazole
Ready-to-use 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 PROTIM
Aquazole Ready-to-use (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 PROTIM Aquazole Ready-to-use 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 it 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
PROTIM Aquazole Ready-to-use (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
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
Environmental Risk Management Authority Decision: Application HSR07033
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I3
9
I9
18
I11
20
I16
25
I17
26
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 substances
This requirement specifies that PROTIM Aquazole Ready-to-use must be
prominently identified as being ecotoxic.
This information must be available to any person handling PROTIM Aquazole
Ready-to-use within two seconds (Regulation 32) and can be provided by way
of signal headings or commonly understood pictograms on the label.
Secondary identifiers for all hazardous substances
This control relates to detail required for PROTIM Aquazole Ready-to-use on
the product label. This information must be accessible within 10 seconds
(Regulation 33) and could be provided on secondary panels on the product
label. The following information is required:
 an indication (which may include its common name, chemical name, or
registered trade name) that unequivocally identifies it; and
 enough information to enable its New Zealand importer, supplier, or
manufacturer to be contacted, either in person or by telephone; and
 in the case of a substance which, when in a closed container, is likely to
become more hazardous over time or develop additional hazardous
properties, or become a hazardous substance of a different class or subclass,
a description of each likely change and the date by which it is likely to occur.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for PROTIM
Aquazole Ready-to-use. This information must be accessible within 10 seconds
(Regulation 33) and could be provided on secondary panels on the product
label. The following information must be provided:
 an indication of the circumstances in which it may harm living organisms;
 an indication of the kind and extent of the harm it is likely to cause to living
organisms;
 an indication of the steps to be taken to prevent harm to living organisms;
 an indication of its general type and degree of hazard (ie very ecotoxic in
the aquatic environment, ecotoxic to terrestrial invertebrates).
Secondary identifiers for toxic substances
This control relates to the additional label detail required for PROTIM
Aquazole Ready-to-use. 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 (ie irritating to
the skin, irritating to the eye, respiratory sensitiser, contact
sensitiser);
 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 component C.
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 Regulation 25(e).
Environmental Risk Management Authority Decision: Application HSR07033
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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
[Regulation 25(e) specifies a requirement to list on the product label, the name
of component C].
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 Regulation 25(e).
[Regulation 25 (e) specifies a requirement to list on the product label, the name
of component C].
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
PROTIM Aquazole Ready-to-use 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 (ie irritating to the skin, irritating to the eye, respiratory
sensitiser, contact sensitiser, very ecotoxic in the aquatic environment,
ecotoxic to terrestrial invertebrates).
Regulation 29(2) specifies that for bulk transport containers, it is sufficient
compliance if PROTIM Aquazole Ready-to-use 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 PROTIM Aquazole Ready-to-use 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, 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 or subclass label assigned by the UN Model
Regulations.
I21
37-39, 47-50
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for PROTIM
Aquazole Ready-to-use that is imported into New Zealand in a closed package
or in a freight container and will be transported to its destination without being
removed from that package or container. In these situations, it is sufficient
compliance with HSNO if the package or container is labelled or marked in
compliance with the requirements of the Land Transport Rule 45001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge of places
Environmental Risk Management Authority Decision: Application HSR07033
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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 PROTIM Aquazole Ready-to-use is held in
the workplace in quantities equal to or greater than 1 L.
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 PROTIM Aquazole Ready-to-use equal to or greater than 1 L, if it
is to be used in a place of work and the supplier has not previously provided
the documentation to that person.
Regulation 38 – Documentation duties of persons in charge of places of work
The person in charge of any place of work where hazardous substances are
present in quantities equal to or greater than those specified in Regulation 38
(and with reference to Schedule 2 of the Identification Regulations), must
ensure that every person handling the substance has access to the
documentation required for each hazardous substance concerned. The person
in charge must also ensure that the documentation does not contain any
information that suggests that the substance belongs to a class or subclass it
does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with PROTIM Aquazole Ready-to-use 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 PROTIM Aquazole Ready-to-use’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 PROTIM Aquazole Ready-to-use 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 PROTIM
Aquazole Ready-to-use;
 the date on which the documentation was prepared;
 the name, concentration and CAS number of component C.
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 PROTIM
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Aquazole Ready-to-use in a place of work within 10 minutes. The
documentation must be readily understandable by any fully-trained worker
required to have access to it and must be easily read, under normal lighting
conditions, at a distance of not less than 0.3 m.
Regulation 49 – Documentation requirements for vehicles
This Regulation provides for the option of complying with documentation
requirements as specified in the various Land, Sea and Air transport rules when
the substance is being transported.
I23
41
I28
46
I29
51-52
Regulation 50 – Documentation to be supplied on request
Notwithstanding Regulation 37 above, a supplier must provide the required
documentation to any person in charge of a place of work (where a hazardous
substance is present) if asked to do so by that person.
Specific documentation requirements for ecotoxic substances
The documentation provided with PROTIM Aquazole Ready-to-use must
include the following information:
 its general degree and type of ecotoxic hazard (ie very ecotoxic in the
aquatic environment, ecotoxic to terrestrial invertebrates);
 a full description of the circumstances in which it may harm living
organisms and the extent of that harm;
 a full description of the steps to be taken to prevent harm to living
organisms;
 a summary of the available acute and chronic (ecotox) data used to define
the (ecotox) subclass or subclasses in which it is classified;
 its bio-concentration factor or octanol-water partition coefficient;
 its expected soil or water degradation rate;
 any EELs set by the Authority.
Specific documentation requirements for toxic substances
The documentation provided with PROTIM Aquazole Ready-to-use must
include the following information:
 its general degree and type of toxic hazard (ie irritating to the skin,
irritating to the eye, respiratory sensitiser, contact sensitiser);
 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 PROTIM Aquazole Ready-to-use
is held in quantities exceeding 100 L.
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;
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 immediately adjacent to the area where hazardous substances are located in
an outdoor area.
The information provided in the signage needs to be understandable over a
distance of 10 metres and be sufficient to:
 advise that the location contains hazardous substances;
 describe the general type of hazard of each substance (very ecotoxic in the
aquatic environment, ecotoxic to terrestrial invertebrates);
 where the signage is immediately adjacent to the hazardous substance
storage areas, describe the precautions needed to safely manage the
substance.
Hazardous Substances (Packaging) Regulations 2001
P1
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 PROTIM Aquazole
Ready-to-use with any previous contents of the packaging.
Regulation 5 – Ability to retain contents
Packaging for PROTIM Aquazole Ready-to-use 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 reclosed. The packaging in direct contact with PROTIM Aquazole Ready-to-use
must not be significantly affected or weakened by contact with it such that the
foregoing requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing PROTIM Aquazole Ready-to-use must not be marked in
accordance with the UN Model Regulations unless:
 the markings comply with the relevant provisions of that document; and
 the packaging complies with the tests set out in Schedule 3 (Packaging
Regulations); and
 the design of the packaging has been test certified as complying with those
tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing PROTIM Aquazole Ready-to-use, 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
PROTIM Aquazole Ready-to-use must not be packed in packaging that has
been previously used for 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 PROTIM Aquazole Ready-to-use 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
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P3, P13,
P15
9, 19, 21
Hazardous substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice 2004.
Packaging requirements for PROTIM Aquazole Ready-to-use
PROTIM Aquazole Ready-to-use in quantities over 1 L must be packaged
according to Schedule 3 (UN PGIII), but must be packaged according to
Schedule 3 or Schedule 4 when in quantities equal to or less than 1 L.
PROTIM Aquazole Ready-to-use that is offered for sale in a package of less
than 2.5L 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.
PG3
Schedule 3
This schedule describes the (minimum) packaging requirements that must be
complied with for PROTIM Aquazole Ready-to-use when packaged in
quantities of more than 1 L. The tests in Schedule 3 correlate to the packaging
requirements of UN Packing Group III (UN PGIII).
PS4
Schedule 4
This schedule describes the minimum packaging requirements that must be
complied with for PROTIM Aquazole Ready-to-use when packaged in
quantities equal to or less than 1 L.
Hazardous Substances (Disposal) Regulations 2001
D4, D5 8, 9
Disposal requirements for PROTIM Aquazole Ready-to-use
PROTIM Aquazole Ready-to-use must be disposed of by:
 treating it 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 PROTIM Aquazole Ready-to-use with any other
substance prior to discharge to the environment; or
 discharging it to the environment provided that after reasonable mixing, the
concentration of PROTIM Aquazole Ready-to-use in any part of the
environment outside the mixing zone does not exceed any TELs (tolerable
exposure limits) or any EELs (environmental exposure limits) set by the
Authority; or
 exporting it from New Zealand as a hazardous waste.
D6
10
Disposal requirements for packages
This control gives the disposal requirements for packages that contained
PROTIM Aquazole Ready-to-use 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
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 any
quantity of PROTIM Aquazole Ready-to-use.
D8
13, 14
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 PROTIM Aquazole
Ready-to-use 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 PROTIM Aquazole Ready-to-use that exceeds 1 L.
The documentation must describe one or more methods of disposal (that
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comply with the Disposal Regulations) and describe any precautions that must
be taken. Such documentation must be accessible to a person handling
PROTIM Aquazole Ready-to-use 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 PROTIM Aquazole
Ready-to-use when present in quantities equal to or greater than 0.1 L.
Regulation 6 describes the duties of suppliers, Regulation 7 describes the duties
of persons in charge of places, Regulation 9 describes the requirement for the
availability of the information (10 seconds) and Regulation 10 gives the
requirements relating to the presentation of the information with respect to
comprehensibility, clarity and durability. These requirements correspond with
those relating to secondary identifiers required by the Identification Regulations
(code I1, Regulations 6, 7, 32–35, 36(1)-(7)).
EM6
8(e)
EM7
8(f)
EM8
12-16, 18-20
Regulation 11 provides for the option of complying with the information
requirements of the transport rules when PROTIM Aquazole Ready-to-use is
being transported.
Information requirements for toxic substances
The following information must be provided when PROTIM Aquazole
Ready-to-use is present in quantities equal to or greater than 0.1 L:
 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 PROTIM Aquazole
Ready-to-use when present in quantities equal to or greater than 0.1 L:
 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
PROTIM Aquazole Ready-to-use from entering or affecting those parts of
the environment.
Level 2 emergency management documentation requirements
These controls relate to the duties of suppliers and persons in charge of places
of work with respect to the provision of emergency management
documentation (essentially Safety Data Sheets). This documentation must be
provided where PROTIM Aquazole Ready-to-use is sold or supplied, or held in
a workplace, in quantities equal to or greater than 1 L.
Regulations 12 and 13 describe the duties of suppliers, regulation 14 describes
the duties of persons in charge of places of work, regulation 15 provides for the
option of complying with documentation requirements of the transport rules
when PROTIM Aquazole Ready-to-use is being transported, and regulation 16
specifies requirements for general contents of the documentation.
EM11
25-34
Regulation 18 prescribes location and presentation requirements for the
documentation, ie 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).
Level 3 emergency management requirements – emergency response
plans
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These Regulations relate to the requirement for an emergency response plan to
be available at any place (excluding aircraft or ships) where PROTIM Aquazole
Ready-to-use is held (or reasonably likely to be held on occasion) in quantities
greater than 100 L.
EM12
35-41
The emergency response plan must describe all of the likely emergencies that
may arise from the breach or failure of controls. The type of information that is
required to be included in the plan is specified in Regulations 29 to 30.
Requirements relating to the availability of equipment, materials and people are
provided in Regulation 31, requirements regarding the availability of the plan
are provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
Level 3 emergency management requirements – secondary containment
These Regulations relate to the requirement for a secondary containment
system to be installed at any fixed location where PROTIM Aquazole
Ready-to-use is held in quantities equal to or greater than 100 L.
Regulation 36 prescribes requirements for secondary containment systems for
pooling substances. 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.
The following subclauses shall be added after subclause (3) of regulation
36:
(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 any loss of containment in the pipework
it—
(a) is not to be taken into account in determining whether a place
is required to have a secondary containment system; and
(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 container; and
(b) includes a process pipeline or a transfer line.
EM13
42
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management information on
signage at places where PROTIM Aquazole Ready-to-use is held at quantities
equal to or greater than 100 L. Note the quantity specified does not take into
account aggregate quantity requirements.
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
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Regulations 4 to 43
where applicable
The Hazardous Substances (Tank Wagons and Transportable Containers)
Regulations 2004 prescribe a number of controls relating to tank wagons and
transportable containers and must be complied with as relevant.
Additional Controls set under s77A
PROTIM Aquazole Ready-to-use shall only be used as an agent in the preservation treatment of timber at
industrial sites.
The controls relating to stationary container systems and secondary containment as set out in Schedules 8
and 9 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice
2004 (Supplement to the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, shall
apply to this substance, notwithstanding clause 1(1) of Schedules 8 and 9.
EM12: refer to EM12 for explanation of additional subclauses.
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Appendix 3: Confidential Information
Environmental Risk Management Authority Decision: Application HSR07033
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