ENVIRONMENTAL RISK MANAGEMENT
AUTHORITY DECISION
12 June 2008
Application Code
HSR07096
Application Type
To import or manufacture for release any hazardous
substance under section 28 of the Hazardous Substances
and New Organisms Act 1996 (“the Act”)
Applicant
Osmose New Zealand
Date Application Received
22 November 2007
Submission Period
5 December 2007 – 13 February 2008
Consideration Date
3 June 2008
Considered by
A Committee of the Authority (“the Committee”)
Purpose of the Application
To import or manufacture Boron Glycol Options 1 to 5,
as timber preservatives for the treatment of timber and
wood products at industrial treatment facilities.
1 Summary of decision
The application to import or manufacture Boron Glycol Options 1 to 5 for release is
approved with controls in accordance with the relevant provisions of the Act,
the HSNO Regulations and the HSNO (Methodology) Order 1998 (“the
Methodology”).
The substances have been given the following unique identifiers for the ERMA New
Zealand Hazardous Substances Register:
Boron Glycol Option 1
Boron Glycol Option 2
Boron Glycol Option 3
Boron Glycol Option 4
Boron Glycol Option 5
2 Legislative criteria for application
The application was lodged pursuant to section 28. The decision was determined in
accordance with section 29, taking into account matters to be considered in that
section and additional matters specified under Part II of the Act. Unless
otherwise stated, references to section numbers in this decision refer to sections
of the Act.
Consideration of the application followed the relevant provisions of the Methodology.
Unless otherwise stated, references to clauses in this decision refer to clauses of
the Methodology.
3 Application process
The application was formally received on 22 November 2007.
In accordance with sections 53(1) and 53A, and clauses 2(2)(b) and 7, public notification
was made on 5 December 2007.
Submissions closed on 13 February 2008.
Various Government departments, Crown Entities and interested parties, including the
Department of Labour Work Place Group, which in the opinion of the Authority
would be likely to have an interest in the application, were notified of the
receipt of the application (sections 53(4) and 58(1)(c), and clauses 2(2)(e) and
5) and provided with an opportunity to comment or make a public submission
on the application.
3.1.1
One submission was received from Timbertank Enterprises Ltd
indicating that they wished that it be recorded that Timbertanks™ are
suitable tanks for the storage of timber preservative chemicals. The
submitter indicated they did not wish to be heard at a hearing and
therefore no hearing was held.
3.1.2
The Committee noted the Agency response to the submitter that
suitable tanks must meet the requirements of either the Code of
Practice for Management of Existing Stationary Container Systems at
Timber Treatment Facilities or Schedule 8 of the Hazardous Substances
(Dangerous Goods and Scheduled Toxic Substances) Transfer Notice
2004 (as amended) and that the Agency does not record the identity of
brands of tanks which do or do not meet these requirements.
The Agency was commissioned to prepare an Evaluation and Review Report (“the E&R
Report”) to aid the Committee in its decision making process. The E&R Report
consists of the Agency’s review of the application and available data regarding
the substances and/or their constituent components. In the E&R Report, the
Agency proposed a suite of controls considered suitable to manage the risks
associated with the release of Boron Glycol Options 1 to 5 and has assessed the
potential risks the substances may pose to the environment, human health,
Māori, community and to the market economy.
3.2
Due to delays in completing the E&R Report, the Authority postponed the
consideration under section 58(3) until 3 June 2008.
ERMA New Zealand Decision: Application HSR07096
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The Department of Labour and the applicant were given the opportunity to comment on
the E&R Report and the controls proposed therein.
No external experts were used in the consideration of this application (clause 17).
The following members of the Authority considered the application (section 19(2)(b)):
Ms Helen Atkins (chair), Dr Manuka Henare and Dr Kieran Elborough.
The information available to the Committee comprised:
 the application; and

the E&R Report including confidential appendices.
4 Consideration
Purpose of the application
The purpose of the application is to seek approval for the importation or manufacture of
Boron Glycol Options 1 to 5, which are timber treatment formulations
containing the active ingredient boron, other confidential active ingredients, an
ethylene glycol carrier and other constituents. The timber treatment
formulations will be used in the protection of wood or wood based products
from wood destroying insects (e.g. beetles, borers and termites).
Sequence of the consideration
In accordance with clause 24, the approach to the consideration adopted by the
Committee was to:

establish the hazard classifications for the substances and derive the default
controls that are prescribed under section 77 for each classification.

identify potentially non-negligible risks, costs, and benefits.

assess the potentially non-negligible risks and costs. Risks were assessed in
accordance with clause 12, and costs in accordance with clause 13.

consider the adequacy of the default controls, prescribed under section 77,
and exposure limits alongside the assessment of risks and costs to
determine whether those controls or limits should be varied or set and
identify where additional controls need to be applied, under section 77A, to
mitigate any unacceptable risks.

vary and add controls in accordance with sections 77 and 77A.

undertake a combined consideration of all the risks and costs and determine
whether the combined risks and costs are negligible or non-negligible. The
combined risks and costs for this application were determined to be
negligible.

consider the cost-effectiveness of the application of controls in accordance
with clause 35 and sections 77 and 77A.

determine whether it was evident that the identified potential benefits
outweighed the costs.
ERMA New Zealand Decision: Application HSR07096
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
confirm and set the controls.

approve or decline the application under section 29 and clause 26.
Hazard classification
The Agency has classified Boron Glycol Options 1 to 5 as follows:
Hazardous Property
Boron
Glycol
Option 1
Boron
Glycol
Option 2
Boron
Glycol
Option 3
Boron
Glycol
Option 4
Boron
Glycol
Option 5
Acute Toxicity (Oral)
6.1D
6.1D
6.1D
6.1E
6.1E
Skin Irritancy/Corrosivity
8.2C
6.3A
6.3B
6.3B
-
Eye Irritancy/Corrosivity
8.3A
6.4A
6.4A
6.4A
6.4A
Respiratory Sensitisation
6.5A
6.5A
-
6.5A
-
Skin Sensitisation
6.5B
6.5B
-
6.5B
-
Reproductive/Developmental
Toxicity
6.8B
6.8B
6.8B
6.8B
6.8B
Target Organ Toxicity
6.9A
6.9A
6.9A
6.9A
6.9A
Aquatic Ecotoxicity
9.1A
9.1A
9.1C
9.1A
-
Terrestrial Vertebrate
Ecotoxicity
9.3C
9.3C
9.3C
9.3C
9.3C
Terrestrial Invertebrate
Ecotoxicity
9.4B
9.4B
9.4B
9.4C
9.4C
Default controls
In the E&R Report, the Agency assigned default controls for Boron Glycol Options 1 to
5 based on their hazardous properties as set out in the HSNO Regulations. The
default controls were used as a reference for evaluation of the application in the
E&R Report. The default controls are listed in section 8 of the E&R Report and
have not been reproduced here.
Identification of the potentially non-negligible risks, costs and benefits
of the substances
In its evaluation of Boron Glycol Options 1 to 5, the Agency identified potentially
significant, and therefore non-negligible, risks, costs and benefits associated
with Boron Glycol Options 1 to 5.
Potentially non-negligible risks
The Agency considers that the potentially non-negligible risks associated with Boron
Glycol Options 1 to 5 relate to the substances’ properties as acute oral toxicants
(6.1D or 6.1E), skin corrosives/irritants (8.2C, 6.3A or 6.3B), eye
corrosives/irritants (8.3A or 6.4A), respiratory sensitisers (6.5A), contact
sensitisers (6.5B), reproductive/developmental toxicants (6.8B), target organ
toxicants (6.9A), aquatic ecotoxicants (9.1A or 9.1C), terrestrial vertebrate
ecotoxicants (9.3C) and terrestrial invertebrate ecotoxicants (9.4B or 9.4C).
ERMA New Zealand Decision: Application HSR07096
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Potentially non-negligible costs
4.1
A “cost” is defined in Regulation 2 of the Methodology as “the value of a
particular adverse effect expressed in monetary or non-monetary terms”.
Accordingly, the costs were assessed in an integrated fashion together with the
risks in the Agency’s assessment.
Potentially non-negligible benefits
A “benefit” is defined in Regulation 2 of the Methodology as “the value of a particular
positive effect expressed in monetary or non-monetary terms”. Benefits that
may arise from any of the matters set out in clauses 9 and 11 were considered in
terms of clause 13.
4.2
The Agency noted the applicant’s claims that the import or manufacture for
release of Boron Glycol Options 1 to 5 will provide the following benefits:

Boron Glycol Options 1 to 5 all contain boron, a recognised and
approved active ingredient in wood protection formulations in New
Zealand and around the world. The new substances also contain other
components that improve or enhance the efficacy and properties when
compared to existing boron glycol formulations.

Approval of Boron Glycol Options 1 to 5 will allow the applicant to
deliver ready-to-use treating solutions to customers without having to
dilute product on the treatment site. The various mixtures will also
allow flexibility for customers to purchase the wood preservative
mixture that best suits their timber markets (for active ingredients), and
for the application equipment and treatment processes on their sites.

Borate treatments are approved in New Zealand and other countries for
the protection of wood products used in above ground applications, e.g.
timber framing. Where applications are exposed to the weather, a
protective paint coating is applied to minimise the risk of potential
leaching of the boron from timber in-service. There are opportunities in
New Zealand and overseas for borate treated timber particularly for
high value and appearance grade products. Existing timber preservative
products can either have characteristics that are undesirable, e.g. use
hydrocarbon solvents, or are not optimised for prevention of some wood
degrading agents, e.g. surface mould. The Boron Glycol Options 1 to 5
are improved formulations and cover the variables required for different
wood products, different markets and different application methods.

Sales and employment opportunities for those involved in the
manufacture and supply of Boron Glycol Options 1 to 5.
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Assessment of the potentially non-negligible risks and costs of the
substances
Taking into account the Agency’s assessment of the potentially non-negligible risks and
costs associated with Boron Glycol Options 1 to 5 in New Zealand, the
Committee considers that:

the risks to human health and safety arising from the effects associated
with Boron Glycol Options 1 to 5 are negligible;

the risks to the environment arising from the effects associated with
Boron Glycol Options 1 to 5 are negligible;

significant adverse impacts on the social or economic environment with
the controlled use of Boron Glycol Options 1 to 5 are not anticipated;

it is unlikely that Boron Glycol Options 1 to 5 could have a significant
impact on Māori culture or traditional relationships with ancestral lands,
water, sites, wāhi tapu, valued flora and fauna or other taonga;

there is no evidence to suggest that the controlled use of Boron Glycol
Options 1 to 5 will breach the principles of the Treaty of Waitangi.
5 Variations to default controls and setting of exposure limits
A number of variations to the default controls for Boron Glycol Options 1 to 5 were
proposed in the E&R Report in accordance with clause 35 and sections 77 and
77A. These variations and the setting of exposure limits and applications rates
are discussed below.
Setting of exposure limits and application rates
5.1
Control T1 relates to the requirement to limit public exposure to toxic
substances by the setting of Tolerable Exposure Limits (TELs), which are
derived from Acceptable Daily Exposure (ADE) values. The Committee
considers that, under the conditions of normal use, Boron Glycol Options 1 to 5
are unlikely to be present in any environmental media, food or other matter that
might be ingested. Accordingly, ADEs are not required to be set for any
components of these substances, and this control is deleted under section
77(4)(a).
5.2
Control T2 relates to the requirement to limit worker exposure to toxic
substances by the setting of Workplace Exposure Standards (WESs). The
Committee notes that a WES value has been set for component D of Boron
Glycol Options 1 to 5 by the Department of Labour. This WES value is
considered relevant by the Committee, and is therefore adopted for Boron
Glycol Options 1 to 5.
Control E1 relates to the requirements to limit exposure of non-target organisms in the
environment through the setting of Environmental Exposure Limits (EELs). The
Authority is reviewing the setting of EELs under section 77B. As this review
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has not been completed, no EELs are being set for Boron Glycol Options 1 to 5
and the default values are deleted.
Control E2 relates to the requirement to set an application rate for a class 9 substance
that is to be sprayed on an area of land (or air or water) and for which an EEL
has been set. As Boron Glycol Options 1 to 5 are not intended for use in this
manner, this control is not applied to Boron Glycol Options 1 to 5.
Additional controls under section 77A
Under section 77A, the Authority may impose as controls any obligations and
restrictions that it thinks fit. Before imposing a control under this section, the
Authority must be satisfied that, against any other specified controls that apply
to the substances:
(a) the proposed control is more effective in terms of its effect on the
management, use and risks of the substances; or
(b) the proposed control is more cost-effective in terms of its effect on the
management, use and risks of the substances; or
(c) the proposed control is more likely to achieve its purpose.
5.3
The Committee notes that the risk assessment for Boron Glycol Options 1 to 5
has been limited to the intention to use the substances as timber preservatives.
The Committee notes that none of the specified (default) controls limits how the
substances may be used. Accordingly, the Committee considers that the
following control should be applied to Boron Glycol Options 1 to 5 as it will be
more effective than the specified controls in terms of its effect on the
management, use and risks of the substances (section 77A(4)(a)):
5.3.1
5.4
Boron Glycol Options 1 to 5 shall only be used as agents in the
preservation treatment of timber at industrial sites.
The Committee notes that the risk assessment for Boron Glycol Options 1 to 5
assumes that the residual risks to the environment and human health from the
in-service use, end use and disposal of timber treated with Boron Glycol
Options 1 to 5 are minimised by compliance with the relevant timber industry
standards. The Committee notes that none of the specified (default) controls
requires compliance with these standards and that compliance with these
standards is voluntary. Accordingly, the Committee considers that the
following control should be applied to Boron Glycol Options 1 to 5, when the
treated timber is to be used in New Zealand, as it will be more effective than the
specified controls in terms of its effect on the management, use and risks of the
substances (section 77A(4)(a)):
5.4.1
Timber treated with Boron Glycol Options 1 to 5, when that timber is
for use in New Zealand, shall be managed in accordance with the
requirements of NZS 3602:2003 and have a treatment specification
meeting the requirements of NZS 3640:2003 or an accepted
alternative, e.g. AS/NZS1604 series.
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5.5
The Committee notes that the specified controls do not address the risks
associated with stationary container systems, nor do they allow for dispensation
where it is unnecessary for any associated pipework to have secondary
containment. Accordingly, the Committee 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
substances (section 77A(4)(a)). Such controls were applied to similar substances
on transfer to the HSNO regime. The Committee considers that these controls
are similarly appropriate for the management of the risks associated with Boron
Glycol Options 1 to 5. Consequently the following controls are applied to the
substances:
5.5.1
"The controls relating to stationary container systems, as set out in
Schedule 8 of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to the
New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended,
are applied for this substance, notwithstanding clause 1(1) of that
schedule.”
5.5.2
The Committee considers that the following subclauses should be
added after subclause (3) of regulation 36 of the Hazardous Substances
(Emergency Management) Regulations 20011:
‘(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.”
1
5.6
Under section 77A(3)(b) a proposed additional control may vary another
specified control if this variation is more cost-effective in terms of its effect on
the risks of the substances (section 77A(4)(b)).
5.7
Control EM12 relates to the requirements for secondary containment of pooling
substances (Regulations 35 – 41 of the Hazardous Substances (Emergency
Management) Regulations 2001). The EM12 secondary containment
These sub-clauses were applied to similar substances on transfer to the Act.
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requirements have been triggered for Boron Glycol Options 1 to 5 as a result of
their toxicity and ecotoxicity classifications. The Committee considers that the
risks associated with the containment of substances which are not class 1 to 5
substances (i.e. do not ignite or explode) are different to than those associated
with class 1 to 5 substances. Consequently the Committee considers that the
secondary containment requirements of regulations 37 and 38 can be reduced.
The Committee considers that the reduced secondary containment measures
specified below are adequate to manage the risks of a spillage of Boron Glycol
Options 1 to 5. Therefore, the additional control, which varies the EM12
control, is more cost-effective in terms of managing the risks of the substances.
Accordingly, the Committee considers that for Boron Glycol Options 1 to 5:
5.7.1
the following subclauses should be added after subclause (1) of
regulation 37 of the Hazardous Substances (Emergency Management)
Regulations 20012:
(2)
If pooling substances that do not have class 1 to 5 hazard
classifications are held in a place above ground in containers
each of which has a capacity of 60 litres or less—
(a) if the place’s total pooling potential is less than 20,000
litres, the secondary containment system must have a
capacity of at least 25% of that total pooling potential:
(b) if the place’s total pooling potential is 20,000 litres or
more, the secondary containment system must have a
capacity of the greater of—
(i)
5% of the total pooling potential; or
(ii) 5,000 litres.
(3)
Pooling substances to which subclause (2) applies must be
segregated where appropriate to ensure that leakage of one
substance may not adversely affect the container of another
substance.
and
5.7.2
the following subclauses should be added after subclause (1) of
regulation 38 of the Hazardous Substances (Emergency Management)
Regulations 20013:
(2)
If pooling substances which do not have class 1 to 5 hazard
classifications are held in a place above ground in containers 1
or more of which have a capacity of more than 60 litres but
none of which have a capacity of more than 450 litres—
2
These sub-clauses were applied to similar substances on transfer to the Act.
3
These sub-clauses were applied to similar substances on transfer to the Act.
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(a) if the place’s total pooling potential is less than 20,000
litres, the secondary containment system must have a
capacity of either 25% of that total pooling potential or
110% of the capacity of the largest container, whichever is
the greater:
(b) if the place’s total pooling potential is 20,000 litres or
more, the secondary containment system must have a
capacity of the greater of—
(i)
5% of the total pooling potential; or
(ii) 5,000 litres
(3)
Pooling substances to which subclause (2) applies must be
segregated where appropriate to ensure that the leakage of one
substance may not adversely affect the container of another
substance.
Variation of controls under section 77
Under section 77(3), (4) and (5), the default controls determined by the hazardous
properties of a Boron Glycol Options 1 to 5 may be varied.
5.8
The Committee considers that the following controls should be varied under
section 77(4)(a) for Boron Glycol Options 1 to 5, as the adverse effects of the
substances are less than the adverse effects which would normally be associated
with substances of the same hazard classifications:
5.8.1
Control T3 relates to the requirement for keeping records of use of
highly toxic or corrosive substances if the application is in an area
where members of the public may be present, or where the substance is
likely to enter air or water and leave the place. This control is not
considered relevant because the substances are not applied in a widely
dispersive manner. Thus, this control may be deleted.
5.8.2
Control E3 relates to the requirement to protect bees. As Boron Glycol
Options 1 to 5 are intended for use as timber treatment chemicals
within a closed system the Committee considers this control may be
deleted.
5.8.3
Control E5 relates to the requirement for keeping records of use when
an ecotoxic substance is used for the purposes of causing biocidal
action and 3 kg or more of the substance is applied within 24 hours in
an area where the substance is likely to enter air or water and leave the
place. The Committee considers that this control may be deleted, as
Boron Glycol Options 1 to 5 is intended for use within a timber
treatment facility and may not legally be applied outdoors for the
purposes of causing biocidal action.
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5.9
Control I16 (Regulation 25 of the Hazardous Substances (Identification)
Regulations 2001) includes a requirement to identify certain toxic components
on product labels. Consistent with the guidance provided by the Global
Harmonised System (GHS), the Committee has varied regulation 25(e) such that
the concentration cut-offs that apply to a component with a hazard classification
of 6.5, 6.6, 6.7, 6.8 or 6.9, for the purpose of triggering this requirement, are as
follows:
HSNO Classification of Component
Concentration Cut-off for Label
(%)
6.5A, 6.5B
0.14
6.6A, 6.7A
0.1
6.6B, 6.7B
1
6.8A, 6.8C
0.3
6.8B
3
6.9A, 6.9B
10
The Committee has varied the following controls under section 77(4)(b) for Boron
Glycol Options 1 to 5, as the variations will not significantly increase the
adverse effects of the substance:
5.9.1
Controls E7 and AH1 relate to requirements for ecotoxic substances to
be under the control of an approved handler. The Committee considers
that for ecotoxic substances that are not intended to be used outdoors in
a widely dispersive manner (such as timber treatment chemicals) it is
unlikely there will be significant adverse environmental effects
resulting from their proposed use. Thus, these controls are deleted for
Boron Glycol Options 1 to 5.
5.9.2
Control TR1 relates to the requirements for a substance to be tracked
and is triggered for Boron Glycol Options 1 to 5 only by virtue of their
ecotoxicity. Consequently, the Committee considers that tracking the
substances would be unduly onerous, as the key risks can be managed
through other controls such as packaging, labelling and emergency
management requirements. Thus, this control is deleted for Boron
Glycol Options 1 to 5.
The Committee has combined the following controls for Boron Glycol Options 1 to 5
under section 77(5) as they relate to the same requirements:
5.9.3
Controls T4 and E6 which relate to requirements for equipment used to
handle Boron Glycol Options 1 to 5.
5.9.4
Controls P13, P14 and P15 which relate to packaging requirements for
Boron Glycol Options 1 to 5.
4
Identification of sensitising components may be required below the 0.1% level if a lower value has been
used for classification.
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5.9.5
Controls D4 and D5 which relate to requirements for disposal of Boron
Glycol Options 1 to 5.
6 Overall evaluation of risks and costs
On the basis of the risk assessment, and taking into account the controls imposed,
including the additional controls set under section 77A, the Committee
considers that Boron Glycol Options 1 to 5 pose negligible risks to the
environment and to human health.
7 Review of controls for cost-effectiveness
The Committee considers that the proposed controls are the most cost-effective means of
managing the identified potential risks and costs associated with this application
in accordance with clause 35(a) and sections 77 and 77A.
The applicant was given an opportunity to comment on the proposed controls as set out
in the E&R Report (clause 35(b)). The applicant’s comments were taken into
account during the consideration of the application.
8 Comparison of risks, cost and benefits
As the Committee considers that the risks to the environment and human health are
negligible with the controls in place, clause 26 applies and the Committee may
approve the manufacture or import for release of Boron Glycol Options 1 to 5 if
it is evident that the benefits associated with the substances outweigh the costs.
As there are potentially non-negligible benefits associated with the import or
manufacture of Boron Glycol Options 1 to 5, the Committee is satisfied that it is
evident that the benefits associated with the substances outweigh the costs.
9 Recommendations
The Committee recommends that, should inappropriate or accidental use, transport or
disposal of Boron Glycol Options 1 to 5 result in the contamination of
waterways, the appropriate authorities, including the relevant iwi authorities in
the region, should be notified. This action should include advising them of the
contamination and the measures taken in response.
10 Environmental user charges
The Committee considers that the application of controls to Boron Glycol Options 1 to 5
will provide 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.
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11 Confirmation and setting of controls
The controls listed in Appendix 1 will apply to Boron Glycol Options 1 to 5.
12 Decision
The Committee determines that:
12.1.1
Boron Glycol Options 1 to 5 have the following hazard classifications:
Hazardous Property
Boron
Glycol
Option 1
Boron
Glycol
Option 2
Boron
Glycol
Option 3
Boron
Glycol
Option 4
Boron
Glycol
Option 5
Acute Toxicity (Oral)
6.1D
6.1D
6.1D
6.1E
6.1E
Skin Irritancy/Corrosivity
8.2C
6.3A
6.3B
6.3B
-
Eye Irritancy/Corrosivity
8.3A
6.4A
6.4A
6.4A
6.4A
Respiratory Sensitisation
6.5A
6.5A
-
6.5A
-
Skin Sensitisation
6.5B
6.5B
-
6.5B
-
Reproductive/Developmental
Toxicity
6.8B
6.8B
6.8B
6.8B
6.8B
Target Organ Toxicity
6.9A
6.9A
6.9A
6.9A
6.9A
Aquatic Ecotoxicity
9.1A
9.1A
9.1C
9.1A
-
Terrestrial Vertebrate
Ecotoxicity
9.3C
9.3C
9.3C
9.3C
9.3C
Terrestrial Invertebrate
Ecotoxicity
9.4B
9.4B
9.4B
9.4C
9.4C
12.1.2
pursuant to section 29 and clause 26 the benefits of Boron Glycol
Options 1 to 5 outweigh the costs.
12.1.3
the application for importation or manufacture and release of the
hazardous substances, Boron Glycol Options 1 to 5, is thus approved
with controls as listed in Appendix 1.
In accordance with clause 36(2)(b), the Committee records that, in reaching this
conclusion, it has applied the balancing tests in section 29 and clause 26.
It has also applied the following criteria in the Methodology:
 clause 9 – equivalent of sections 5, 6 and 8;
 clause 11 – characteristics of Boron Glycol Options 1 to 5;
 clause 12 – evaluation of assessment of risks;
 clause 13 – evaluation of assessment of costs and benefits;
 clause 14 – costs and benefits accruing to New Zealand;
 clause 21 – the decision accords with the requirements and regulations;
 clause 22 – the evaluation of risks, costs and benefits – relevant
considerations;
ERMA New Zealand Decision: Application HSR07096
Page 13 of 46





clause 24 – the use of recognised risk identification, assessment,
evaluation and management techniques;
clause 25 – the evaluation of risks;
clause 33 – risk characteristics;
clause 34 – the aggregation and comparison of risks, costs and benefits;
clause 35 – the costs and benefits of varying the default controls.
Ms Helen Atkins
Date: 12 June 2008
Chair
ERMA New Zealand Approval Codes:
Boron Glycol Option 1
HSR007928
Boron Glycol Option 2
HSR007929
Boron Glycol Option 3
HSR007930
Boron Glycol Option 4
HSR007931
Boron Glycol Option 5
HSR007932
ERMA New Zealand Decision: Application HSR07096
Page 14 of 46
Appendix 1: List of Controls for Boron Glycol Options 1
to 5
Note: Please refer to the regulations for the requirements prescribed for each control and the
modifications listed as set out in section 5 of this document.
Table A5.1: Controls for Boron Glycol Option 1 – codes, regulations and variations
Control
Code5
Regulation6
Topic
Variations
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
T2
29, 30
Controlling exposure in places of
work through the setting of WESs.
The DoL WES values for component
D in Boron Glycol Option 1 are
adopted.
T4/E6
7
Requirements for equipment used to
handle hazardous substances
Controls T4 and E6 are combined.
T5
8
Requirements for protective clothing
and equipment
T7
10
Restrictions on the carriage of
hazardous substances on passenger
service vehicles
E1
32-45
Limiting exposure to ecotoxic
substances
No EELs values are set at this time
and the default EELs are deleted.
Hazardous Substances (Identification) Regulations 2001
I1
6, 7, 32-35,
36 (1)-(7)
General identification requirements
Regulation 6 – Identification duties
of suppliers
Regulation 7 – Identification duties
of persons in charge
Regulations 32 and 33 –
Accessibility of information
Regulations 34, 35, 36(1)-(7) –
Comprehensibility, Clarity and
Durability of information
I2
8
Priority identifiers for corrosive
substances
I3
9
Priority identifiers for ecotoxic
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.
5
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.
6
ERMA New Zealand Decision: Application HSR07096
Page 15 of 46
Control
Code5
Regulation6
Topic
Variations
substances
I8
14
Priority identifiers for toxic
substances
I9
18
Secondary identifiers for all
hazardous substances
I10
19
Secondary identifiers for corrosive
substances
I11
20
Secondary identifiers for ecotoxic
substances
I16
25
Secondary identifiers for toxic
substances
I17
26
Use of Generic Names
I18
27
Use of Concentration Ranges
Revised cut-offs for component
labelling required by Regulation 25(e).
HSNO
Classification of
Component
Concentratio
n Cut-off for
Label (%)
6.5A, 6.5B
0.17
6.6A, 6.7A
0.1
6.6B, 6.7B
1
6.7B
1
6.8A, 6.8C
0.3
6.8B
3
6.9A, 6.9B
10
For more information about this
variation see paragraph 5.14 of the
main document.
I19
29-31
Alternative information in certain
cases
Regulation 29 – Substances in fixed
bulk containers or bulk transport
containers
Regulation 30 – Substances in
multiple packaging
Regulation 31 – Alternative
information when substances are
imported
I20
36(8)
Durability of information for class
6.1 substances
I21
37-39, 47-
Documentation required in places of
7
Identification of sensitising components may be required below the 0.1% level if a lower value has been
used for classification.
ERMA New Zealand Decision: Application HSR07096
Page 16 of 46
Control
Code5
Regulation6
Topic
50
work
Variations
Regulation 37 – Documentation
duties of suppliers
Regulation 38 – Documentation
duties of persons in charge of places
of work
Regulation 39 – General content
requirements for documentation
Regulation 47 – Information not
included in approval
Regulation 48 – Location and
presentation requirements for
documentation
Regulation 49 – Documentation
requirements for vehicles
Regulation 50 – Documentation to
be supplied on request
I22
40
Specific documentation requirements
for corrosive substance
I23
41
Specific documentation requirements
for ecotoxic substances
I28
46
Specific documentation requirements
for toxic substances
I29
51-52
Duties of persons in charge of places
with respect to signage
I30
53
Advertising corrosive and toxic
substances
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8
General packaging requirements
Regulation 5 – Ability to retain
contents
Regulation 6 – Packaging markings
Regulation 7(1) – Requirements
when packing hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large
ERMA New Zealand Decision: Application HSR07096
Page 17 of 46
Control
Code5
Regulation6
Topic
Variations
Packaging
P3
9
Packaging requirements for
substances packed in limited
quantities.
P13
19
P14
20
Packaging requirements for Boron
Glycol Option 1.
P15
21
PG3
Schedule 3
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 when a
substance is packaged in limited
quantities.
P13, P14 and P15 are combined.
Hazardous Substances (Disposal) Regulations 2001
D4
8
D5
9
Disposal requirements for Boron
Glycol Option 1.
D6
10
Disposal requirements for packages
D7
11, 12
Disposal information requirements
D8
13, 14
Disposal documentation
requirements
Controls D4 and D5 are combined
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management
information: General requirements
EM2
8(a)
Information requirements for
corrosive substances
EM6
8(e)
Information requirements for toxic
substances
EM7
8(f)
Information requirements for
ecotoxic substances
EM8
12-16, 1820
Level 2 emergency management
documentation requirements
EM11
25-34
Level 3 emergency management
requirements – emergency response
plans
EM12
35-41
Level 3 emergency management
requirements – secondary
containment
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
ERMA New Zealand Decision: Application HSR07096
Page 18 of 46
Control
Code5
Regulation6
Topic
Variations
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—
(b)
(i)
is connected to a
stationary
container; and
(ii)
is used to transfer a
hazardous
substance into or
out of the stationary
container; and
includes a process
pipeline or a transfer line.
The following subclauses shall be
added after subclause (1) of
regulation 37:
(2) If pooling substances that do not
have class 1 to 5 hazard
classifications are held in a place
above ground in containers each
of which has a capacity of 60
litres or less—
ERMA New Zealand Decision: Application HSR07096
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of at least 25% of
that total pooling
potential:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
Page 19 of 46
Control
Code5
Regulation6
Topic
Variations
have a capacity of the
greater of—
(i)
5% of the total
pooling potential; or
(ii)
5,000 litres.
(3) Pooling substances to which
subclause (2) applies must be
segregated where appropriate to
ensure that leakage of one
substance may not adversely
affect the container of another
substance.
The following subclauses shall be
added after subclause (1) of
regulation 38:
(2) If pooling substances which do
not have class 1 to 5 hazard
classifications are held in a place
above ground in containers 1 or
more of which have a capacity of
more than 60 litres but none of
which have a capacity of more
than 450 litres—
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of either 25% of
that total pooling potential
or 110% of the capacity of
the largest container,
whichever is the greater:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
(i)
5% of the total
pooling potential; or
(ii)
5,000 litres
(3) Pooling substances to which
subclause (2) applies must be
segregated where appropriate to
ensure that the leakage of one
ERMA New Zealand Decision: Application HSR07096
Page 20 of 46
Control
Code5
Regulation6
Topic
Variations
substance may not adversely
affect the container of another
substance.
EM13
42
Level 3 emergency management
requirements – signage
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
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.
Section 77A Additional Controls
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to
the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, apply to this substance,
notwithstanding clause 1(1) of that schedule.
Boron Glycol Option 1 shall only be used as an agent in the preservation treatment of timber at
industrial sites.
Timber treated with Boron Glycol Option 1, when that timber is for use in New Zealand, shall be
managed in accordance with the requirements of NZS 3602:2003 and have a treatment specification
meeting the requirements of NZS 3640:2003 or an accepted alternative, e.g. AS/NZS 1604 series.
Addition of subclauses after subclause (3) of Regulation 36, subclause (1) of Regulation 37 and
subclause (1) of Regulation 38 of the Hazardous Substances (Emergency Management Controls)
Regulations, refer control EM12.
Table A5.2: Controls for Boron Glycol Option 2 – codes, regulations and variations
Control
Code8
Regulation9
Topic
Variations
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
T2
29, 30
Controlling exposure in places of
work through the setting of WESs.
The DoL WES values for component
D in Boron Glycol Option 2 are
adopted.
T4/E6
7
Requirements for equipment used to
handle hazardous substances
Controls T4 and E6 are combined.
T5
8
Requirements for protective clothing
and equipment
T7
10
Restrictions on the carriage of
hazardous substances on passenger
service vehicles
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.
8
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.
9
ERMA New Zealand Decision: Application HSR07096
Page 21 of 46
Control
Code8
Regulation9
Topic
Variations
E1
32-45
Limiting exposure to ecotoxic
substances
No EELs values are set at this time
and the default EELs are deleted.
Hazardous Substances (Identification) Regulations 2001
I1
6, 7, 32-35,
36 (1)-(7)
General identification requirements
Regulation 6 – Identification duties
of suppliers
Regulation 7 – Identification duties
of persons in charge
Regulations 32 and 33 –
Accessibility of information
Regulations 34, 35, 36(1)-(7) –
Comprehensibility, Clarity and
Durability of information
I3
9
Priority identifiers for ecotoxic
substances
I8
14
Priority identifiers for toxic
substances
I9
18
Secondary identifiers for all
hazardous substances
I11
20
Secondary identifiers for ecotoxic
substances
I16
25
Secondary identifiers for toxic
substances
I17
26
Use of Generic Names
I18
27
Use of Concentration Ranges
Revised cut-offs for component
labelling required by Regulation 25(e).
HSNO
Classification of
Component
Concentratio
n Cut-off for
Label (%)
6.5A, 6.5B
0.110
6.6A, 6.7A
0.1
6.6B, 6.7B
1
6.7B
1
6.8A, 6.8C
0.3
6.8B
3
6.9A, 6.9B
10
For more information about this
variation see paragraph 5.14 of the
main document.
10
Identification of sensitising components may be required below the 0.1% level if a lower value has been
used for classification.
ERMA New Zealand Decision: Application HSR07096
Page 22 of 46
Control
Code8
Regulation9
Topic
I19
29-31
Alternative information in certain
cases
Variations
Regulation 29 – Substances in fixed
bulk containers or bulk transport
containers
Regulation 30 – Substances in
multiple packaging
Regulation 31 – Alternative
information when substances are
imported
I20
36(8)
Durability of information for class
6.1 substances
I21
37-39, 4750
Documentation required in places of
work
Regulation 37 – Documentation
duties of suppliers
Regulation 38 – Documentation
duties of persons in charge of places
of work
Regulation 39 – General content
requirements for documentation
Regulation 47 – Information not
included in approval
Regulation 48 – Location and
presentation requirements for
documentation
Regulation 49 – Documentation
requirements for vehicles
Regulation 50 – Documentation to
be supplied on request
I23
41
Specific documentation requirements
for ecotoxic substances
I28
46
Specific documentation requirements
for toxic substances
I29
51-52
Duties of persons in charge of places
with respect to signage
I30
53
Advertising corrosive and toxic
substances
ERMA New Zealand Decision: Application HSR07096
Page 23 of 46
Control
Code8
Regulation9
Topic
Variations
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8
General packaging requirements
Regulation 5 – Ability to retain
contents
Regulation 6 – Packaging markings
Regulation 7(1) – Requirements
when packing hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large
Packaging
P3
9
Packaging requirements for
substances packed in limited
quantities.
P13
19
P15
21
Packaging requirements for Boron
Glycol Option 2.
PG3
Schedule 3
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 when a
substance is packaged in limited
quantities.
P13 and P15 are combined.
Hazardous Substances (Disposal) Regulations 2001
D4
8
D5
9
Disposal requirements for Boron
Glycol Option 2.
D6
10
Disposal requirements for packages
D7
11, 12
Disposal information requirements
D8
13, 14
Disposal documentation
requirements
Controls D4 and D5 are combined
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management
information: General requirements
EM6
8(e)
Information requirements for toxic
substances
EM7
8(f)
Information requirements for
ecotoxic substances
EM8
12-16, 18-
Level 2 emergency management
ERMA New Zealand Decision: Application HSR07096
Page 24 of 46
Regulation9
Topic
20
documentation requirements
EM11
25-34
Level 3 emergency management
requirements – emergency response
plans
EM12
35-41
Level 3 emergency management
requirements – secondary
containment
Control
Code8
Variations
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—
(b)
(i)
is connected to a
stationary
container; and
(ii)
is used to transfer a
hazardous
substance into or
out of the
stationary
container; and
includes a process
pipeline or a transfer
line.
The following subclauses shall be
added after subclause (1) of
regulation 37:
(2) If pooling substances that do not
have class 1 to 5 hazard
classifications are held in a place
above ground in containers each
of which has a capacity of 60
ERMA New Zealand Decision: Application HSR07096
Page 25 of 46
Control
Code8
Regulation9
Topic
Variations
litres or less—
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of at least 25% of
that total pooling
potential:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
(i)
5% of the total
pooling potential; or
(ii)
5,000 litres.
(3) Pooling substances to which
subclause (2) applies must be
segregated where appropriate to
ensure that leakage of one
substance may not adversely
affect the container of another
substance.
The following subclauses shall be
added after subclause (1) of
regulation 38:
(2) If pooling substances which do
not have class 1 to 5 hazard
classifications are held in a place
above ground in containers 1 or
more of which have a capacity of
more than 60 litres but none of
which have a capacity of more
than 450 litres—
ERMA New Zealand Decision: Application HSR07096
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of either 25% of
that total pooling potential
or 110% of the capacity of
the largest container,
whichever is the greater:
(b)
if the place’s total pooling
Page 26 of 46
Control
Code8
Regulation9
Topic
Variations
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
(3)
EM13
42
(i)
5% of the total
pooling potential; or
(ii)
5,000 litres
Pooling substances to which
subclause (2) applies must be
segregated where
appropriate to ensure that
the leakage of one substance
may not adversely affect the
container of another
substance.
Level 3 emergency management
requirements – signage
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
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.
Section 77A Additional Controls
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to
the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, apply to this substance,
notwithstanding clause 1(1) of that schedule.
Boron Glycol Option 2 shall only be used as an agent in the preservation treatment of timber at
industrial sites.
Timber treated with Boron Glycol Option 2, when that timber is for use in New Zealand, shall be
managed in accordance with the requirements of NZS 3602:2003 and have a treatment specification
meeting the requirements of NZS 3640:2003 or an accepted alternative, e.g. AS/NZS 1604 series.
Addition of subclauses after subclause (3) of Regulation 36, subclause (1) of Regulation 37 and
subclause (1) of Regulation 38 of the Hazardous Substances (Emergency Management Controls)
Regulations, refer control EM12.
ERMA New Zealand Decision: Application HSR07096
Page 27 of 46
Table A5.3: Controls for Boron Glycol Option 3 – codes, regulations and variations
Control
Code11
Regulation
Topic
Variations
12
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
T2
29, 30
Controlling exposure in places of
work through the setting of WESs.
The DoL WES values for component
D in Boron Glycol Option 3 are
adopted.
T4/E6
7
Requirements for equipment used to
handle hazardous substances
Controls T4 and E6 are combined.
T5
8
Requirements for protective clothing
and equipment
T7
10
Restrictions on the carriage of
hazardous substances on passenger
service vehicles
E1
32-45
Limiting exposure to ecotoxic
substances
No EELs values are set at this time
and the default EELs are deleted.
Hazardous Substances (Identification) Regulations 2001
I1
6, 7, 32-35,
36 (1)-(7)
General identification requirements
Regulation 6 – Identification duties
of suppliers
Regulation 7 – Identification duties
of persons in charge
Regulations 32 and 33 –
Accessibility of information
Regulations 34, 35, 36(1)-(7) –
Comprehensibility, Clarity and
Durability of information
I3
9
Priority identifiers for ecotoxic
substances
I8
14
Priority identifiers for toxic
substances
I9
18
Secondary identifiers for all
hazardous substances
I11
20
Secondary identifiers for ecotoxic
substances
I16
25
Secondary identifiers for toxic
substances
Revised cut-offs for component
labelling required by Regulation 25(e).
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.
11
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.
12
ERMA New Zealand Decision: Application HSR07096
Page 28 of 46
Control
Code11
Regulation
Topic
I17
26
Use of Generic Names
I18
27
Use of Concentration Ranges
Variations
12
HSNO
Classification of
Component
Concentratio
n Cut-off for
Label (%)
6.5A, 6.5B
0.113
6.6A, 6.7A
0.1
6.6B, 6.7B
1
6.7B
1
6.8A, 6.8C
0.3
6.8B
3
6.9A, 6.9B
10
For more information about this
variation see paragraph 5.14 of the
main document.
I19
29-31
Alternative information in certain
cases
Regulation 29 – Substances in fixed
bulk containers or bulk transport
containers
Regulation 30 – Substances in
multiple packaging
Regulation 31 – Alternative
information when substances are
imported
I20
36(8)
Durability of information for class
6.1 substances
I21
37-39, 4750
Documentation required in places of
work
Regulation 37 – Documentation
duties of suppliers
Regulation 38 – Documentation
duties of persons in charge of places
of work
Regulation 39 – General content
requirements for documentation
Regulation 47 – Information not
included in approval
13
Identification of sensitising components may be required below the 0.1% level if a lower value has been
used for classification.
ERMA New Zealand Decision: Application HSR07096
Page 29 of 46
Control
Code11
Regulation
Topic
Variations
12
Regulation 48 – Location and
presentation requirements for
documentation
Regulation 49 – Documentation
requirements for vehicles
Regulation 50 – Documentation to
be supplied on request
I23
41
Specific documentation requirements
for ecotoxic substances
I28
46
Specific documentation requirements
for toxic substances
I29
51-52
Duties of persons in charge of places
with respect to signage
I30
53
Advertising corrosive and toxic
substances
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8
General packaging requirements
Regulation 5 – Ability to retain
contents
Regulation 6 – Packaging markings
Regulation 7(1) – Requirements
when packing hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large
Packaging
P3
9
Packaging requirements for
substances packed in limited
quantities.
P13
19
Packaging requirements for Boron
Glycol Option 3.
PG3
Schedule 3
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 when a
substance is packaged in limited
quantities.
ERMA New Zealand Decision: Application HSR07096
Page 30 of 46
Control
Code11
Regulation
Topic
Variations
12
Hazardous Substances (Disposal) Regulations 2001
D4
8
D5
9
Disposal requirements for Boron
Glycol Option 3.
D6
10
Disposal requirements for packages
D7
11, 12
Disposal information requirements
D8
13, 14
Disposal documentation
requirements
Controls D4 and D5 are combined
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management
information: General requirements
EM6
8(e)
Information requirements for toxic
substances
EM7
8(f)
Information requirements for
ecotoxic substances
EM8
12-16, 1820
Level 2 emergency management
documentation requirements
EM11
25-34
Level 3 emergency management
requirements – emergency response
plans
EM12
35-41
Level 3 emergency management
requirements – secondary
containment
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)
ERMA New Zealand Decision: Application HSR07096
is connected to a
stationary
Page 31 of 46
Control
Code11
Regulation
Topic
Variations
12
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.
The following subclauses shall be
added after subclause (1) of
regulation 37:
(2) If pooling substances that do not
have class 1 to 5 hazard
classifications are held in a place
above ground in containers each
of which has a capacity of 60
litres or less—
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of at least 25% of
that total pooling
potential:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
(i)
5% of the total
pooling potential; or
(ii)
5,000 litres.
(3) Pooling substances to which
subclause (2) applies must be
segregated where appropriate to
ensure that leakage of one
substance may not adversely
affect the container of another
substance.
The following subclauses shall be
added after subclause (1) of
ERMA New Zealand Decision: Application HSR07096
Page 32 of 46
Control
Code11
Regulation
Topic
Variations
12
regulation 38:
(2) If pooling substances which do
not have class 1 to 5 hazard
classifications are held in a place
above ground in containers 1 or
more of which have a capacity of
more than 60 litres but none of
which have a capacity of more
than 450 litres—
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of either 25% of
that total pooling potential
or 110% of the capacity of
the largest container,
whichever is the greater:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
(3)
EM13
42
(i)
5% of the total
pooling potential; or
(ii)
5,000 litres
Pooling substances to which
subclause (2) applies must be
segregated where
appropriate to ensure that
the leakage of one substance
may not adversely affect the
container of another
substance.
Level 3 emergency management
requirements – signage
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
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.
Section 77A Additional Controls
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to
the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, apply to this substance,
ERMA New Zealand Decision: Application HSR07096
Page 33 of 46
Control Regulation Topic
12
Code11
notwithstanding clause 1(1) of that schedule.
Variations
Boron Glycol Option 3 shall only be used as an agent in the preservation treatment of timber at
industrial sites.
Timber treated with Boron Glycol Option 3, when that timber is for use in New Zealand, shall be
managed in accordance with the requirements of NZS 3602:2003 and have a treatment specification
meeting the requirements of NZS 3640:2003 or an accepted alternative, e.g. AS/NZS 1604 series.
Addition of subclauses after subclause (3) of Regulation 36, subclause (1) of Regulation 37 and
subclause (1) of Regulation 38 of the Hazardous Substances (Emergency Management Controls)
Regulations, refer control EM12.
Table A5.4: Controls for Boron Glycol Option 4 – codes, regulations and variations
Control
Code14
Regulation
Topic
Variations
15
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
T2
29, 30
Controlling exposure in places of
work through the setting of WESs.
The DoL WES values for component
D in Boron Glycol Option 4 are
adopted.
T4/E6
7
Requirements for equipment used to
handle hazardous substances
Controls T4 and E6 are combined.
T5
8
Requirements for protective clothing
and equipment
T7
10
Restrictions on the carriage of
hazardous substances on passenger
service vehicles
E1
32-45
Limiting exposure to ecotoxic
substances
No EELs values are set at this time
and the default EELs are deleted.
Hazardous Substances (Identification) Regulations 2001
I1
6, 7, 32-35,
36 (1)-(7)
General identification requirements
Regulation 6 – Identification duties
of suppliers
Regulation 7 – Identification duties
of persons in charge
Regulations 32 and 33 –
Accessibility of information
Regulations 34, 35, 36(1)-(7) –
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.
14
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.
15
ERMA New Zealand Decision: Application HSR07096
Page 34 of 46
Control
Code14
Regulation
Topic
Variations
15
Comprehensibility, Clarity and
Durability of information
I3
9
Priority identifiers for ecotoxic
substances
I8
14
Priority identifiers for toxic
substances
I9
18
Secondary identifiers for all
hazardous substances
I11
20
Secondary identifiers for ecotoxic
substances
I16
25
Secondary identifiers for toxic
substances
I17
26
Use of Generic Names
I18
27
Use of Concentration Ranges
Revised cut-offs for component
labelling required by Regulation 25(e).
HSNO
Classification of
Component
Concentratio
n Cut-off for
Label (%)
6.5A, 6.5B
0.116
6.6A, 6.7A
0.1
6.6B, 6.7B
1
6.7B
1
6.8A, 6.8C
0.3
6.8B
3
6.9A, 6.9B
10
For more information about this
variation see paragraph 5.14 of the
main document.
I19
29-31
Alternative information in certain
cases
Regulation 29 – Substances in fixed
bulk containers or bulk transport
containers
Regulation 30 – Substances in
multiple packaging
Regulation 31 – Alternative
information when substances are
imported
I21
37-39, 4750
Documentation required in places of
work
16
Identification of sensitising components may be required below the 0.1% level if a lower value has been
used for classification.
ERMA New Zealand Decision: Application HSR07096
Page 35 of 46
Control
Code14
Regulation
Topic
Variations
15
Regulation 37 – Documentation
duties of suppliers
Regulation 38 – Documentation
duties of persons in charge of places
of work
Regulation 39 – General content
requirements for documentation
Regulation 47 – Information not
included in approval
Regulation 48 – Location and
presentation requirements for
documentation
Regulation 49 – Documentation
requirements for vehicles
Regulation 50 – Documentation to
be supplied on request
I23
41
Specific documentation requirements
for ecotoxic substances
I28
46
Specific documentation requirements
for toxic substances
I29
51-52
Duties of persons in charge of places
with respect to signage
I30
53
Advertising corrosive and toxic
substances
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8
General packaging requirements
Regulation 5 – Ability to retain
contents
Regulation 6 – Packaging markings
Regulation 7(1) – Requirements
when packing hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large
Packaging
P3
9
Packaging requirements for
substances packed in limited
ERMA New Zealand Decision: Application HSR07096
Page 36 of 46
Control
Code14
Regulation
Topic
Variations
15
quantities.
P13
19
Packaging requirements for Boron
Glycol Option 4.
P15
21
PG3
Schedule 3
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 when a
substance is packaged in limited
quantities.
P13 and P15 are combined.
Hazardous Substances (Disposal) Regulations 2001
D4
8
D5
9
Disposal requirements for Boron
Glycol Option 4.
D6
10
Disposal requirements for packages
D7
11, 12
Disposal information requirements
D8
13, 14
Disposal documentation
requirements
Controls D4 and D5 are combined
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management
information: General requirements
EM6
8(e)
Information requirements for toxic
substances
EM7
8(f)
Information requirements for
ecotoxic substances
EM8
12-16, 1820
Level 2 emergency management
documentation requirements
EM11
25-34
Level 3 emergency management
requirements – emergency response
plans
EM12
35-41
Level 3 emergency management
requirements – secondary
containment
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
ERMA New Zealand Decision: Application HSR07096
Page 37 of 46
Control
Code14
Regulation
Topic
Variations
15
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.
The following subclauses shall be
added after subclause (1) of
regulation 37:
(2) If pooling substances that do not
have class 1 to 5 hazard
classifications are held in a place
above ground in containers each
of which has a capacity of 60
litres or less—
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of at least 25% of
that total pooling
potential:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
(i)
ERMA New Zealand Decision: Application HSR07096
5% of the total
pooling potential; or
Page 38 of 46
Control
Code14
Regulation
Topic
Variations
15
(ii) 5,000 litres.
(3) Pooling substances to which
subclause (2) applies must be
segregated where appropriate to
ensure that leakage of one
substance may not adversely
affect the container of another
substance.
The following subclauses shall be
added after subclause (1) of
regulation 38:
(2) If pooling substances which do
not have class 1 to 5 hazard
classifications are held in a place
above ground in containers 1 or
more of which have a capacity of
more than 60 litres but none of
which have a capacity of more
than 450 litres—
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of either 25% of
that total pooling potential
or 110% of the capacity of
the largest container,
whichever is the greater:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
(3)
ERMA New Zealand Decision: Application HSR07096
(i)
5% of the total
pooling potential; or
(ii)
5,000 litres
Pooling substances to which
subclause (2) applies must be
segregated where
appropriate to ensure that
the leakage of one substance
may not adversely affect the
container of another
substance.
Page 39 of 46
Control
Code14
Regulation
EM13
42
Topic
Variations
15
Level 3 emergency management
requirements – signage
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
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.
Section 77A Additional Controls
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to
the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, apply to this substance,
notwithstanding clause 1(1) of that schedule.
Boron Glycol Option 4 shall only be used as an agent in the preservation treatment of timber at
industrial sites.
Timber treated with Boron Glycol Option 4, when that timber is for use in New Zealand, shall be
managed in accordance with the requirements of NZS 3602:2003 and have a treatment specification
meeting the requirements of NZS 3640:2003 or an accepted alternative, e.g. AS/NZS 1604 series.
Addition of subclauses after subclause (3) of Regulation 36, subclause (1) of Regulation 37 and
subclause (1) of Regulation 38 of the Hazardous Substances (Emergency Management Controls)
Regulations, refer control EM12.
Table A5.5: Controls for Boron Glycol Option 5 – codes, regulations and variations
Control
Code17
Regulation
Topic
Variations
18
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
T2
29, 30
Controlling exposure in places of
work through the setting of WESs.
The DoL WES values for component
D in Boron Glycol Option 5 are
adopted.
T4/E6
7
Requirements for equipment used to
handle hazardous substances
Controls T4 and E6 are combined.
T5
8
Requirements for protective clothing
and equipment
T7
10
Restrictions on the carriage of
hazardous substances on passenger
service vehicles
E1
32-45
Limiting exposure to ecotoxic
substances
No EELs values are set at this time
and the default EELs are 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.
17
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.
18
ERMA New Zealand Decision: Application HSR07096
Page 40 of 46
Control
Code17
Regulation
Topic
Variations
18
Hazardous Substances (Identification) Regulations 2001
I1
6, 7, 32-35,
36 (1)-(7)
General identification requirements
Regulation 6 – Identification duties
of suppliers
Regulation 7 – Identification duties
of persons in charge
Regulations 32 and 33 –
Accessibility of information
Regulations 34, 35, 36(1)-(7) –
Comprehensibility, Clarity and
Durability of information
I3
9
Priority identifiers for ecotoxic
substances
I8
14
Priority identifiers for toxic
substances
I9
18
Secondary identifiers for all
hazardous substances
I11
20
Secondary identifiers for ecotoxic
substances
I16
25
Secondary identifiers for toxic
substances
I17
26
Use of Generic Names
I18
27
Use of Concentration Ranges
Revised cut-offs for component
labelling required by Regulation 25(e).
HSNO
Classification of
Component
Concentratio
n Cut-off for
Label (%)
6.5A, 6.5B
0.119
6.6A, 6.7A
0.1
6.6B, 6.7B
1
6.7B
1
6.8A, 6.8C
0.3
6.8B
3
6.9A, 6.9B
10
For more information about this
variation see paragraph 5.14 of the
main document.
I19
29-31
Alternative information in certain
cases
19
Identification of sensitising components may be required below the 0.1% level if a lower value has been
used for classification.
ERMA New Zealand Decision: Application HSR07096
Page 41 of 46
Control
Code17
Regulation
Topic
Variations
18
Regulation 29 – Substances in fixed
bulk containers or bulk transport
containers
Regulation 30 – Substances in
multiple packaging
Regulation 31 – Alternative
information when substances are
imported
I21
37-39, 4750
Documentation required in places of
work
Regulation 37 – Documentation
duties of suppliers
Regulation 38 – Documentation
duties of persons in charge of places
of work
Regulation 39 – General content
requirements for documentation
Regulation 47 – Information not
included in approval
Regulation 48 – Location and
presentation requirements for
documentation
Regulation 49 – Documentation
requirements for vehicles
Regulation 50 – Documentation to
be supplied on request
I23
41
Specific documentation requirements
for ecotoxic substances
I28
46
Specific documentation requirements
for toxic substances
I29
51-52
Duties of persons in charge of places
with respect to signage
I30
53
Advertising corrosive and toxic
substances
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8
General packaging requirements
Regulation 5 – Ability to retain
ERMA New Zealand Decision: Application HSR07096
Page 42 of 46
Control
Code17
Regulation
Topic
Variations
18
contents
Regulation 6 – Packaging markings
Regulation 7(1) – Requirements
when packing hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large
Packaging
P3
9
Packaging requirements for
substances packed in limited
quantities.
P13
19
Packaging requirements for Boron
Glycol Option 5.
PG3
Schedule 3
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 when a
substance is packaged in limited
quantities.
Hazardous Substances (Disposal) Regulations 2001
D4
8
D5
9
Disposal requirements for Boron
Glycol Option 5.
D6
10
Disposal requirements for packages
D7
11, 12
Disposal information requirements
D8
13, 14
Disposal documentation
requirements
Controls D4 and D5 are combined
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management
information: General requirements
EM6
8(e)
Information requirements for toxic
substances
EM7
8(f)
Information requirements for
ecotoxic substances
EM8
12-16, 1820
Level 2 emergency management
documentation requirements
EM11
25-34
Level 3 emergency management
requirements – emergency response
plans
EM12
35-41
Level 3 emergency management
ERMA New Zealand Decision: Application HSR07096
The following subclauses shall be
Page 43 of 46
Control
Code17
Regulation
Topic
Variations
requirements – secondary
containment
added after subclause (3) of
regulation 36:
18
(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.
The following subclauses shall be
added after subclause (1) of
regulation 37:
(2) If pooling substances that do not
have class 1 to 5 hazard
classifications are held in a place
above ground in containers each
of which has a capacity of 60
litres or less—
(a)
ERMA New Zealand Decision: Application HSR07096
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
Page 44 of 46
Control
Code17
Regulation
Topic
Variations
18
capacity of at least 25% of
that total pooling
potential:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
(i)
5% of the total
pooling potential; or
(ii) 5,000 litres.
(3) Pooling substances to which
subclause (2) applies must be
segregated where appropriate to
ensure that leakage of one
substance may not adversely
affect the container of another
substance.
The following subclauses shall be
added after subclause (1) of
regulation 38:
(2) If pooling substances which do
not have class 1 to 5 hazard
classifications are held in a place
above ground in containers 1 or
more of which have a capacity of
more than 60 litres but none of
which have a capacity of more
than 450 litres—
ERMA New Zealand Decision: Application HSR07096
(a)
if the place’s total pooling
potential is less than
20,000 litres, the
secondary containment
system must have a
capacity of either 25% of
that total pooling potential
or 110% of the capacity of
the largest container,
whichever is the greater:
(b)
if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must
have a capacity of the
greater of—
Page 45 of 46
Control
Code17
Regulation
Topic
Variations
18
(3)
EM13
42
(i)
5% of the total
pooling potential; or
(ii)
5,000 litres
Pooling substances to which
subclause (2) applies must be
segregated where
appropriate to ensure that
the leakage of one substance
may not adversely affect the
container of another
substance.
Level 3 emergency management
requirements – signage
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
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.
Section 77A Additional Controls
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to
the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, apply to this substance,
notwithstanding clause 1(1) of that schedule.
Boron Glycol Option 5 shall only be used as an agent in the preservation treatment of timber at
industrial sites.
Timber treated with Boron Glycol Option 5, when that timber is for use in New Zealand, shall be
managed in accordance with the requirements of NZS 3602:2003 and have a treatment specification
meeting the requirements of NZS 3640:2003 or an accepted alternative, e.g. AS/NZS 1604 series.
Addition of subclauses after subclause (3) of Regulation 36, subclause (1) of Regulation 37 and
subclause (1) of Regulation 38 of the Hazardous Substances (Emergency Management Controls)
Regulations, refer control EM12.
ERMA New Zealand Decision: Application HSR07096
Page 46 of 46