ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
Amended under section 67A on 14 November 2006
Decision amended under section 67A to amend the controls to correspond with those
that were applied to petrol on transfer to the HSNO regime on 1 July 2004.
Original decision signed on 26 August 2003
Application code
HSR02058
Application type
To import or manufacture any hazardous substance under Section
28 of the Hazardous Substances and New Organisms (HSNO) Act
1996
Applicant
Energy Efficiency and Conservation Authority
Purpose
To seek approval for the manufacture, release, handling and use of
petrol-ethanol blends not exceeding 10% ethanol by volume.
Date received
20 December 2002
Consideration date
17 July 2003 – 31 July 2003
Considered by
Hazardous Substances Standing Committee of the Authority
1
Summary of Decision
1.1
The application to import or manufacture petrol-ethanol blends not exceeding 10%
ethanol by volume is approved in accordance with the relevant provisions of the
Hazardous Substances and New Organisms Act 1996 (the HSNO Act), the HSNO
Regulations, and the HSNO (Methodology) Order 1998.
1.2
The substance has been given the following unique identifier for the purposes of the
ERMA New Zealand Hazardous Substances Register:
Petrol-ethanol blends containing 1% to 10% ethanol by volume.
1.3
ERMA New Zealand has adopted the European Union use classification system as
the basis for recording the nature and uses of substances approved. The following
use categories are recorded for this substance:
Main Category
4
Dispersive
Industry Category
6
Public domain
Use Category
27
Fuels
2
Legislative Criteria for Application
2.1
The application was lodged pursuant to section 28 of the HSNO Act. The decision
was determined in accordance with section 29, taking into account additional matters
to be considered in that section and matters relevant to the purpose of the Act, as
specified under Part II of the HSNO Act. Unless otherwise stated, references to
section numbers in this decision refer to sections of the HSNO Act.
2.2
Consideration of the application followed the relevant provisions of the Hazardous
Substances and New Organisms (Methodology) Order 1998 (the Methodology).
Unless otherwise stated, references to clauses in this decision refer to clauses of the
Methodology.
3
Application Process
3.1
The application was formally received on 20 December 2002.
3.2
The application was verified on 29 January 2003.
3.3
In accordance with sections 53(1) and 53A, and clauses 2(2)(b) and 7, public
notification was made on 29 January 2003.
3.4
Various government departments (including MAF, DoC, OSH and MoH), Crown
Entities and interested parties, which in the opinion of the Authority would be likely
to have an interest in the application, were notified of the receipt of the application
(sections 53(4)(b) and 58(1)(c), and clauses 2(2)(e) and 5) and provided with an
opportunity to comment or make a public submission on the application.
3.5
No comments or submissions were received from government departments or Crown
Entities.
3.6
Submissions closed on 13 March 2003. Thirteen submissions were received (section
54) and considered. A public hearing was originally requested by the Auckland
Regional Council (ARC), but this request was withdrawn after the ARC received
additional information on air quality from the applicant.
3.7
A public hearing was not held.
3.8
A waiver was requested by the applicant on 27 March 2003 in order for them to
respond to the ARC’s concerns regarding air quality.
3.9
A waiver was requested by ERMA New Zealand on 6 June 2003 in order to extend
the time needed to complete the Evaluation and Review (E&R) Report.
Environmental Risk Management Authority Decision: Application HSR02058
Page 2 of 43
3.10
3.11
A further waiver was requested by ERMA New Zealand on 15 July to change the
date of the consideration of the application to provide additional time to seek
industry consensus to proposed controls for the substance in the absence of
regulations.
A waiver was requested by ERMA New Zealand to extend the date of notification of
the Decision to 26 August 2003.
3.12
No external experts were used in the consideration of this application (clause 17).
3.13
Members of the Hazardous Substances Standing Committee: Tony Haggerty
(Chairperson), Manuka Henare and George Clark considered the application (section
19(2)(b)).
3.14
The information available to the Committee comprised:
4

The application, including supporting information on the use and effects of the
substance

Additional information provided by the applicant as a result of further
information requests

Copies of all submissions received on the application

The ERMA New Zealand Evaluation and Review (E&R) Report

Comments on the E&R Report from the applicant and other parties
Consideration
Purpose of the Application
4.1
This application is to import and/or manufacture petrol-ethanol blends containing no
more than 10% v/v ethanol.
Sequence of the Consideration
4.2
In accordance with clause 24, the approach adopted by the Committee was to:

Establish the hazard classifications for the substance and derive the default
controls.

Identify potentially non-negligible risks, costs, and benefits.

Assess potentially non-negligible risks, costs, and benefits in the context of the
default controls and possible variations to those controls. Risks were assessed in
accordance with clause 12, and costs and benefits in accordance with clause 13.

Consider and determine variations to the default controls arising from the
circumstances provided for in sections 77 (3), (4) and (5) and then consolidate
controls.

Evaluate overall risks, costs, and benefits to reach a decision. The combined
impact of risks, costs and benefits was evaluated in accordance with clause 34,
Environmental Risk Management Authority Decision: Application HSR02058
Page 3 of 43
and the cost-effectiveness of the application of controls was considered in
accordance with clause 35.
4.3
The consideration also took into account controls that are not default controls.
Definition of Substance
4.4
The Committee considered a comment from the oil industry regarding the definition
of E10. Industry’s preference is for the definition to cover petrol containing ethanol
from 1% to 10% (v/v) as there is already allowance in the Petroleum Products
Specifications Regulations (2002) for up to 1% oxygenates in petrol.
4.5
On this basis the Committee decided that the consideration of the application would
relate to petrol-ethanol blends containing 1% to 10% ethanol by volume. The
substance as defined is also referred to in the decision as E10. Current petrol without
ethanol is referred to as “neat petrol”.
4.6
The Authority notes that the petrol-ethanol blends (with varying ethanol content) are
used in a number of countries, including Australia, the United States of America,
and South America.
Hazard Classification
4.7
In determining the appropriate hazard classifications for the substance, the
Committee considered both the classifications proposed by the applicant and in the
E&R Report. The Committee agreed with the analysis in the E&R Report
(paragraph 7.2) and considers that E10 is classified as follows:
3.1A (flammable liquid – very high hazard)
6.1E (acute oral, dermal and inhalational toxicant)
6.3B (mild skin irritant)
6.4A (eye irritant)
6.7B (suspected human carcinogen)
9.1B (ecotoxic in the aquatic environment)
Default Controls
4.8
The Committee considers that the E&R Report correctly assigned default controls as
set out in the HSNO Regulations. These controls were used as the reference for
subsequent consideration of the application by the Committee. The default controls
were listed in paragraph 7.3 of the E&R Report and are not reproduced here.
4.9
The Committee also noted that there are currently no regulations under section 76
providing for storage and transport of bulk quantities of E10.
Environmental Risk Management Authority Decision: Application HSR02058
Page 4 of 43
Identification and Assessment of the Potentially Non-negligible Risks, Costs
and Benefits of the Substance
4.10
The Committee identified potentially non-negligible risks, costs and benefits with
reference to clauses 9 and 11, which incorporate relevant material from sections 2, 5,
6, and 8.
Risks
4.11
A “risk” is defined in clause 2 of the Methodology as “the combination of the
magnitude of an adverse effect and the probability of its occurrence”.
4.12
The Committee reviewed the identification of risks made by the applicant and
additional risks identified by ERMA New Zealand in paragraph 7.4 of the E&R
Report. Risks to human health and the environment were identified.
4.13
The Committee considered that the following risks were potentially non-negligible,
thus warranting a more detailed assessment:
4.14

risk to human health from the flammability of the substance at all lifecycle
stages

risk of environmental contamination during importation, manufacture, transport
and storage as a result of spillage of the substance

risk to human health from accidental dermal or ocular exposure, or ingestion.
The Committee concluded that risks to Māori, society, and the economy from E10
are no different to those from neat petrol.
Assessment of the Potentially Non-negligible Risks of the Substance
4.15
In assessing risk, the Committee gave particular consideration to risks arising from
the significant hazards of the substance (clause 11). The risks were considered in
terms of the requirements of clause 12, including the nature of the adverse effects
(clause 12(a)), an assessment of the risk as a combination of the probability and
magnitude (clause 12 (b) and (c)), the extent to which the risks would be mitigated
by controls (clause 12(d)) and consideration of any uncertainty (clause12(d)).
4.16
The evidence available was largely scientific in nature and was considered in terms
of clause 25(1). This evidence comprised that provided by the applicant and
additional evidence set out in the E&R Report.
4.17
A key feature of the assessment of the risks from E10 was the comparison with the
risks from neat petrol. The Committee accepted this comparison as it considers that
E10 will not measurably increase the total quantity of petrol used in New Zealand
but will substitute in part neat petrol.
Environmental Risk Management Authority Decision: Application HSR02058
Page 5 of 43
Assessment of Potentially Non-negligible Risks to Human Health
4.18
With respect to human health risks, the hazardous properties of relevance are
flammability, acute oral, dermal and inhalation toxicity, skin and eye irritation, and
carcinogenicity.
4.19
A detailed assessment of the human health risks at all lifecycle stages is provided in
the E&R Report.
4.20
With respect to exposure at all lifecycle stages, the Committee agrees with the
conclusion presented in the E&R Report that it is very unlikely-unlikely the
substance would cause adverse effects to human health with the proposed controls in
place (e.g. personal protective clothing, Workplace Exposure Standards,
identification, packaging, emergency management and disposal requirements). The
Committee considered that there was a low risk of adverse effects (skin/eye
irritation, inhalation, ingestion) from direct exposure.
4.21
The Committee acknowledged that there was a high risk due to the flammability of
the substance but that this risk was no different to that of neat petrol. With respect to
adverse effects resulting from the use of the substance, the Committee considered
that there was a low-medium risk of adverse effects from emissions.
Assessment of Potentially Non-negligible Risks to the Environment
4.22
With respect to environmental risks, the hazardous properties of relevance are its
flammability, and its ecotoxicity in the aquatic environment.
4.23
Environmental contamination from the substance may cause the following adverse
effects on aquatic or terrestrial life:
4.24

Death of individual organisms (e.g. in a fire involving the substance, a spill)

Effects on sensitive species (from possible spills or leaks into the aquatic
environment).
A detailed assessment of the potential environmental risks posed by the substance
was provided in the E&R Report. The Committee agrees with the conclusion that
there are some lifecycle activities where the substance presents non-negligible risks
to the environment.
Environmental Risk Management Authority Decision: Application HSR02058
Page 6 of 43
4.25
The Committee recognises that there are properties in E10, due to the presence of
the ethanol, that confer a different risk profile compared with neat petrol. The
property of most concern is the changed ability for transport in the soil environment
from leaking underground storage tanks. For this reason the Committee has paid
special attention to the construction of underground storage tanks to manage the
risks.
4.26
The Committee agrees with the conclusion presented in the E&R Report that it is
very unlikely-unlikely that the substance would cause adverse environmental effects
with the proposed controls in place (e.g. identification, packaging and emergency
management requirements). It is acknowledged that if there is an accident or a
breach of controls resulting in a spillage, employees and/or emergency workers
attending the spill should be trained in emergency management procedures to
contain the spill and prevent the substance contaminating large areas of ground,
groundwater or entering waterways. In the event that the substance were to enter
sensitive environments, the magnitude of effects would be minor-moderate as there
would be the possibility of both acute and long term environmental effects, but the
effect should be relatively localised (clause 12(b)). Therefore, the Committee
considers that the resultant risks to the environment during importation,
manufacture, transport and storage are low (clause 12(c)).
4.27
After consideration of the proposed controls aimed at preventing/mitigating adverse
environmental effects associated with the substance, the Committee considers that
the risk to the environment during all lifecycle stages can be well managed by
controls (clause 12(d)).
4.28
The Committee acknowledges there are a number of uncertainties with respect to
defining the level of adverse effects that might arise from the flammability of the
substance (clause 12 (e)). Whether or not adverse effects result, and the degree to
which they occur depend on factors such as the volume of substance involved and
the locality of the incident.
4.29
The Committee also recognises that the HSNO approved handler and tracking
controls may be useful means of reducing the flammability risk of the substance.
However, the Committee considered that the practical implementation of an
approved handler control or tracking for a general purpose fuel would be difficult
(clause 33); for example people wishing to fill their own vehicles or containers at
retail outlets would have to be approved handlers, and any E10 they bought would
need to be tracked to their homes. The risks to the environment from flammability of
E10 are no different to those from neat petrol. Therefore, the controls should be the
same.
4.30
The Committee notes that the Ministry for the Environment are currently working on
proposed regulations regarding bulk stationary tanks, and tank wagons. These
regulations are primarily aimed at minimising the storage and transport risks
associated with the movement or storage of large volumes of substances. In
Environmental Risk Management Authority Decision: Application HSR02058
Page 7 of 43
particular, the Committee recognises that these regulations would reduce the risk of
adverse effects on the environment through leaks.
Costs
4.31
A “cost” is defined in regulation 2 of the Methodology as “the value of a particular
adverse effect expressed in monetary or non-monetary terms”. The Methodology
and the Act both call for consideration of monetary and non-monetary costs (clause
13 and section 9).
4.32
The Committee considered costs to human health: If people have been exposed to
the substances(either acutely or chronically) and subsequently suffer adverse effects,
there may be ongoing health and treatment costs, or in the case of serious injury,
rehabilitation costs, e.g. as the result of fire or explosion. In such cases, the costs of
the treatment/rehabilitation will depend on the severity of the injury and the duration
of recovery time. The Committee also considered the possibility that air quality
might be affected in terms of a change in pattern of emissions such as the oxides of
nitrogen (NOx), aldehydes and benzenes.
4.33
The Committee considered costs to the environment: In the event of an accidental
release of large quantities of the substance into the environment, e.g. in a leak or
spillage situation, there will be costs incurred with the clean-up. The degree of cost
will depend on the amount of substance involved, the location of the spill and the
extent of any damage sustained.
4.34
The Committee also considered the potential costs to oil companies and refuelling
sites that will be required to have bulk tanks that meet control requirements
mandated for the substance to prevent leaks occurring. Where a site is not able to
meet such requirements, E10 would not be permitted to be stored; and hence there
might be an opportunity cost for the retailer or user.
4.35
The Committee also considered that there might be a cost in repairing potential
damage to older vehicles that might contain fuel system components that are not
compatible with the substance.
4.36
The Committee is satisfied that no significant costs (new or cumulative) will result
from the release of this substance as it will not contribute any additional adverse
indirect costs.
4.37
In addition to these monetary costs, the Committee identified that the adverse effects
described earlier in this decision each have a value or cost that was not able to be
expressed in monetary or other quantitative terms.
Environmental Risk Management Authority Decision: Application HSR02058
Page 8 of 43
Benefits
4.38
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.
4.39
With respect to E10, the applicant identified the following benefits:
4.40
4.41

reduction of greenhouse gases

provision of an alternative somewhat sustainable energy source

meeting international treaty obligations and agreements.
The Committee noted that additional benefits would be

the possible reduction in reliance on imported fuel

flow-on effects on health through the reduction in greenhouse gases and
possible reduction in benzene content

building ethanol production capacity with an accompanying increase in job and
export opportunities.
The Committee is also satisfied that the ability of the applicant to enter the market
will give rise to associated benefits to the applicant, the economy, and the nation,
and could give benefits to the user through the maintenance of a competitive market
for such products.
Effects if the Substance were unavailable
4.42
If the substance was not available, the primary impact would be to the applicant who
would not be able to market the product, and on the manufacturer(s) of the ethanol
required to make the blends.
4.43
The Committee decided that there might be other flow-on effects impacting on the
government’s international obligations, in particular the Kyoto Protocol, and the Rio
and Johannesburg Declarations on environment, development and sustainability.
Consumers may also be affected, in that they might be deprived of a choice between
using neat petrol, or petrol-ethanol blends. The possible benefits associated with
reducing emissions of NOx, aromatics and aldehydes would also not be realised.
Establishment of the Approach to Risk in the Light of Risk Characteristics
4.44
Clause 33 requires the Authority to have regard for the extent to which a specified
set of risk characteristics exist when considering applications. The intention of this
provision is to provide a route for determining how cautious or risk averse the
Authority should be in weighing up risks and costs against benefits.
Environmental Risk Management Authority Decision: Application HSR02058
Page 9 of 43
4.45
With regard to clause 33, the Committee considers that the risks of the substance are
that:

it is not significantly different from neat petrol in terms of its flammability

its exposure will be voluntary with respect to users of the substance, but
involuntary with respect to the general public

its environmental effects are not significantly different from neat petrol except
for its potential to spread further in the aquatic environment or in soil, if leaks
or spillage occurred.
4.46
The Committee has noted that the general public is familiar with the flammability
risks of neat petrol and that the flammability risk of E10 will be little different. It is
only the difference in spread and range of a spill of E10, particularly when it enters
the groundwater system, that poses the difference in environmental risk.
4.47
In the light of these risk characteristics, the Committee agreed to adopt a risk-averse
approach when considering this application, particularly when considering the risks
to the environment.
Approach to setting controls in the absence of regulations
Note: This decision has been amended under section 67A to comply with the controls
that were applied to petrol when it was transferred to the HSNO regime on 1 July 2004.
See page 15 below.
4.48
The Committee considered the current delay affecting the promulgation of HSNO
regulations relating to bulk stationary tanks, and tank wagons intended under the
HSNO Act, after taking advice from ERMA New Zealand following the outcome of
a meeting seeking the applicant’s and the industry’s views on proposed controls.
4.49
The Committee considered that section 77(3)(a) provides the Authority with the
ability to impose controls where necessary relating to these subjects. Section 77(3)
states that:
The Authority may substitute or add any controls prescribed for any classification;(a) where the adverse effects identified for a substance are greater than the adverse effects
given that hazard classification;
4.50
The Committee decided to mandate requirements for bulk stationary tanks and tank
wagons based on those proposed in Appendices 10 and 11 of the E&R Report. This
is necessary to ensure that E10 is properly contained and transported in bulk without
giving rise to adverse effects. These requirements form part of the controls in
Appendix 1 of this Decision.
Environmental Risk Management Authority Decision: Application HSR02058
Page 10 of 43
Overall Evaluation of Risks, Costs and Benefits
4.51
Having regard for clauses 22 and 34 and in accordance with the tests in clause 27
and section 29 risks, costs and benefits were evaluated taking account of all
proposed controls including default controls.
4.52
Clause 34 sets out the approaches available to the Authority in evaluating the
combined impact of risks costs and benefits i.e. weighing up risks, costs and
benefits.
4.53
With respect to the non-negligible risks identified in paragraph 4.13, the Committee
considers that these can be well managed by controls, including controls that the
Committee mandates in the absence of the delayed regulations on bulk stationary
tanks and tank wagons.
4.54
The Committee is satisfied that the risk the substance poses to the environment is
insignificant to low. However, a high level of risk to human health and safety exists
due to the flammability of the substance, but that it is evident that the benefits do
outweigh the costs.
4.55
In reaching this conclusion, the Committee has taken into account the ability of
various pieces of legislation such as the Resource Management Act, and the Health
and Safety in Employment Act, to provide additional controls.
4.56
The Committee considers that the application may therefore be approved in
accordance with clause 27.
4.57
The Committee strongly advises that E10 should not be used for marine or aviation
uses. The Committee noted the comments in the application and the E&R Report
and considers that the risks from these uses have not been adequately assessed. The
Committee recommends that the industry is active in promoting awareness that E10
is not a suitable fuel for marine or aviation purposes.
Variation of Controls under Section 77
Note: This decision has been amended under section 67A to comply with the controls
that were applied to petrol when it was transferred to the HSNO regime on 1 July 2004.
See page 15 below.
4.58
Prior to the Committee’s consideration, the proposed variations to the default
controls as discussed in the E&R Report were provided to the applicant, and also to
the oil companies and to Fonterra (the major manufacturer of ethanol in New
Zealand), for comment. These parties provided feedback to ERMA New Zealand
and the Committee took this into account in the decision-making process. Therefore
the provisions of clause 35(b) are effectively met.
Environmental Risk Management Authority Decision: Application HSR02058
Page 11 of 43
4.59
The Committee decided that in spite of E10 being a 3.1A flammable substance,
controls applicable to a 3.1B flammable substance will be generally applied, as this
is in line with the way petrol is treated in New Zealand and internationally, and E10
does not differ from neat petrol in this regard. This is provided by section 77(4)(a),
as the adverse effects of the substance are less than would be usually associated with
a substance given that classification.
4.60
The Committee also decided that the following variations to default controls should
apply to the substance:
4.61
Control codes1 F2 and T7 are combined with E8 (section 77(5)) so that E10 is not
permitted to be carried on a passenger service vehicle. That is, the most stringent
(flammability) of the three similar controls apply.
4.62
Control codes F4 and F6 are varied under section 77(4)(b), in order to retain the
benefits, to the extent that:

The Approved Handler requirement shall NOT apply to persons refuelling
vehicles or filling containers, by self service at retail outlets, in quantities less
than 250 litres.

At a refuelling outlet, E10 may be under the control of a person who is not an
approved handler if(a) An approved handler is available to provide assistance, if necessary, to the
person at all times while the substance is being handled by the person; and
(b) the approved handler has provided guidance to the person in respect of the
handling; and
(c) the person has been trained in the hazards associated with, and in the safe
use and handling of E10, including steps to be taken in the event of any spillage
or other emergency;
where ‘available’ is taken to mean being able to be contacted within five
minutes.
4.63
Control codes T4 and E6 are combined (section 77(5)) as the requirements for
equipment used to handle toxic and ecotoxic substances are similar.
4.64
Control code I21 is varied (section 77(4)(b)) by increasing the trigger quantity from
0.5 L to 5 L, as providing documentation at the higher limit will not increase the
adverse effects, and the benefits of the substance will be realised.
4.65
Control code I29 is varied (section 77(4)(b)) by increasing the trigger quantity from
50 L to 250 L, as signage required at the higher limit will not increase the adverse
effects, and the benefits of the substance will be realised.
1
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.
Environmental Risk Management Authority Decision: Application HSR02058
Page 12 of 43
4.66
Control code I30 is varied (section 77(4)(b)) so that advertisements for petrolethanol blends do not need to specify the toxic nature of the substance, as the main
concern is in relation to its flammable properties.
4.67
Control codes P3, P5, P13 and P15 are combined and varied (section 77(5)) so that
packaging material used to contain petrol-ethanol blends meets the performance
standard as required for neat petrol. This is Schedule 2, PG2. E10 can be packed as
if it were a 3.1B substance, in line with the current requirements for neat petrol and
international practice and in doing so, the adverse effects of the substance will still
be adequately managed.
4.68
Control code D7 is varied (section 77(4)(b)) by increasing the trigger quantity from
0.5 L to 1 L, since normally neither petrol nor E10 are sold in small packages, as
providing disposal information at the higher limit will not increase the adverse
effects, and the benefits of the substance will be realised.
4.69
Control code D8 is varied (section 77(4)(b)) by increasing the trigger quantity from
0.5 L to 5 L, as providing disposal information at the higher limit will not increase
the adverse effects, and the benefits of the substance will be realised.
4.70
Control codes EM4 and EM6 are varied (section 77(4)(b)) by increasing the trigger
quantity from 0.5 L to 1 L, as providing information at the higher limit will not
increase the adverse effects, and the benefits of the substance will be realised.
4.71
Control code EM8 is varied (section 77(4)(b)) by increasing the trigger quantity
from 0.5 L to 5 L, as providing information at the higher limit will not increase the
adverse effects, and the benefits of the substance will be realised.
4.72
Control code EM11 is varied (section 77(4)(b)) by increasing the trigger quantity
from 100 L to 1000 L, as requiring emergency planning at a different limit will not
increase the adverse effects, and the benefits of the substance will be realised.
4.73
Control codes EM6 and EM7 can be combined under section 77(5) and the
emergency management information relating to ecotoxicity and toxicity is
recommended to be included on the labelling of hand-carried containers that may be
used for the substance.
4.74
Control code EM13 is varied (section 77(4)(b)) by increasing the trigger quantity
from 50 L to 250 L, as signage requirements similar to those currently required for
neat petrol will enable the benefits of the substance to be realised.
4.75
Control code TR1 relating to tracking requirements is deleted under section 77(4)(b)
as stock reconciliation is considered an adequate alternative form of tracking. This
will enable the benefits to be realised without increasing the risk of adverse effects.
4.76
Controls relating to bulk storage tanks and tank wagons form part of Appendix 1 of
this Decision.
Environmental Risk Management Authority Decision: Application HSR02058
Page 13 of 43
Environmental User Charges
4.77
While some of the risks, costs and benefits are potentially able to be quantified in
monetary terms, the Committee does not have the information on which it can do
this, and doubts that such information could be readily obtained in a manner that is
both comprehensive and capable of being combined in a meaningful manner.
Further, the Committee recognises that the value of many of the other risks
discussed above cannot be expressed in monetary terms or other common units of
measurement.
4.78
In the current absence of comprehensive criteria for undertaking such a
consideration, no consideration has been given to whether or not environmental user
charges should be applied to the substance which is the subject of this approval.
5
Decision
5.1
Pursuant to section 29 of the Act, the Committee has considered this application to
import a hazardous substance made under section 28 of the Act.
5.2
Having considered all the possible effects of the E10 in accordance with section 29
of the Act, pursuant to clause 27 of the Methodology, based on a consideration and
analysis of the information provided, and taking into account the application of
controls, the Committee considers that the positive effects associated with E10
outweigh the adverse effects.
5.3
In accordance with clause 36(2)(b) of the Methodology the Committee records that,
in reaching this conclusion, it has applied the balancing tests in section 29 of the Act
and clause 27 of the Methodology.
5.4
It has also applied the following criteria in the Methodology:












clause 9 - equivalent of sections 5, 6 and 8;
clause 11 – characteristics of E10;
clause 12 – evaluation of assessment of risks;
clause 13 – evaluation of assessment of costs and benefits;
clause 21 – the decision accords with the requirements of the Act and
regulations;
clause 22 – the evaluation of risks, costs and benefits – relevant considerations;
clause 24 – the use of recognised risk identification, assessment, evaluation and
management techniques;
clause 25 – the evaluation of risks;
clause 27 - risks and costs are outweighed by benefits;
clause 33 – risk characteristics;
clause 34 – the aggregation and comparison of risks, costs and benefits; and
clause 35 – the costs and benefits of varying the default controls.
Environmental Risk Management Authority Decision: Application HSR02058
Page 14 of 43
5.5
The application for the importation and manufacture of petrol ethanol blends
containing 1% to 10% ethanol by volume is thus approved with controls. The
controls are listed in Appendix 1.
Mr Tony Haggerty
Date: 26 August 2003
Chair, Hazardous Substances Committee
Approval Code:
HSR000073
Amendments, September 2006
The approval of E10 was made prior to the transfer of petrol to the HSNO regime.
Accordingly, the wording of some of the controls is not consistent with those that were
applied to petrol when it was subsequently transferred to the HSNO regime.
The amendments are:
1.
Control code F3 is varied (section 77(4)(b)) so that regulation 55 of the Hazardous
Substances (Classes 1 to 5 Controls) Regulations 2001 applies to E10 as if
a. E10 is subject to the tracking provisions of the Hazardous Substances
(Tracking) Regulations 2001; and
b. the item in table 4 in Schedule 3 to the regulations relating to classification
3.1A were omitted and substituted with the following:
3.1A 50 L (quantity beyond which controls apply for closed containers)
50 L (quantity beyond which controls apply when use occurring in
open containers).
2.
This means that:
Where E10 is present at a place for longer than 2 hours, and in a quantity that exceeds
50 L it must be held at a hazardous substance location or transit depot, as appropriate.
3.
Control code F4 is varied (section 77(4)(b)), so that:
a. Subclause (1) of regulation 56 applies to E10 as if the item in table 2 of
Schedule 3 of the regulations relating to classification 3.1A were omitted and
replaced by the following:
3.1A 100 L
Environmental Risk Management Authority Decision: Application HSR02058
Page 15 of 43
b. Regulation 56 applies to E10 as if, in regulation 56(1), the words “subject to
Subclause (2)” were inserted before the words “Class 2, 3, or 4”.
4.
This means that:
E10 must, when present in quantities greater than 100 L, must be under the personal
control of an approved handler; or be able to be secured so that a person cannot gain
access to the substance without tools, keys, or any other device for operating locks.
5.
Control code F4 is further varied (section 77(4)(b)), so that Regulation 56 applies to E10
as if regulation 56(2) were omitted and the following substituted:
(2) E10 required to be under the personal control of an approved handler may
be handled by a person who is not an approved handler if—
(a) where the E10 is being handled,—
(i) the person has been trained in the hazards associated with
the substance and its safe use and handling, including steps to
be taken in the event of spillage or other emergency; and
(ii) an approved handler is available to provide assistance, if
necessary, to the person at all times while the substance is
being handled by the person; or
(b) at a refuelling outlet—
(i) the person is self service refuelling a vehicle, aircraft or
ship with E10; or
(ii) the person is self service filling a container with less than
250 litres of E10; and
(iii) an approved handler is available to provide assistance, if
necessary, to the person at all times while the substance is
being handled by the person.
6.
This means that:
E10 may be handled by a person who is not an approved handler if they have been
trained; and, at a refuelling outlet, any person may refuel a vehicle or fill a small
container.
7.
Control code F6 is varied (section 77(4)(b)), to the extent that:
a. Subclauses (3), (4), and (5) of Regulation 61 do not apply to a vehicle, aircraft
or ship at the dispensing unit of a refuelling outlet if, when E10 is being
delivered to the fuel tank of the vehicle,—
(1) the engine of the vehicle, aircraft or ship is turned off; and
(2) no source of ignition is brought within 3 metres of the fuel tank of
the vehicle, aircraft or ship.
b. Regulation 61 applies as if there were added, after subclause (6) the following
subclauses:
(7) A ship that is being refuelled with E10 may have its engines operating if no
source of ignition is within the hazardous atmosphere zone;
Environmental Risk Management Authority Decision: Application HSR02058
Page 16 of 43
(8) Any aircraft that is being refuelled must comply with the Civil Aviation
Rules.
8.
This means that:
Vehicles may approach fuel dispensers. However, the engines must be turned off while
the fuel is being delivered and no source of ignition may be brought within 3 metres of
the fuel tank.
9.
Control code F12 is varied (section 77(4)(b)), to the extent that:
a. Regulation 77 applies to E10 as if E10 is subject to the tracking provisions of
the Hazardous Substances (Tracking) Regulations 2001;
b. Regulation 77 applies to E10 as if the item in table 4 in Schedule 3 to the
regulations relating to classification 3.1A were omitted and substituted with
the following:
3.1A 50 L (quantity beyond which controls apply for closed
containers)
50 L (quantity beyond which controls apply when use
occurring in open containers).
10.
This means that:
The person in charge of a place where E10 is located must establish in that place 1 or
more hazardous substance locations where E10 is to be situated if E10 is present in a
quantity exceeding 50 L and for a period exceeding 2 hours
11.
Control code F14 is varied (section 77(4)(b)), to the extent that Regulation 81 does not
apply to a person in charge of a hazardous substance location that is a farm of not less
than 4 hectares, where E10, petrol, aviation gasoline, racing gasoline or kerosene (“the
fuel”) is stored in total quantities of less than 2,000 litres, if—
(a) the fuel—
(i) is stored in one or more secure containers, each individual container with a
capacity of less than 250 litres; and
(ii) the container or containers comply with regulation 11 and Schedule 2 or
Schedule 3 (as appropriate) of the Hazardous Substances (Packaging)
Regulations 2001; and
(iii) is situated at a distance not less than 15 metres from any area of high
intensity land use or area of regular habitation; and
(iv) is situated either in the open or in a well ventilated building; and
(v) is in a compound or located so that any spillage of the fuel will not
endanger any building, or flow into any stream, lake or natural water; or
(b) the fuel is—
(i) stored in an above ground stationary tank that—
(1) complies with the Stationary Container Controls in Schedule 8 of
the Hazardous Substances (Dangerous Goods and Scheduled Toxic
Substances) Transfer Notice 2004; and
(2) is situated—
Environmental Risk Management Authority Decision: Application HSR02058
Page 17 of 43
(A) not less than 20 metres from any area of high-intensity land
use or area of regular habitation; and
(B) 6 metres from any combustible materials; and
(ii) is in a compound or located so that any spillage of
the fuel will not endanger any building, or flow into any
stream, lake or natural water.
12.
This means that:
A test certificate may not be required for a farm where fuel, including E10, is
stored in total quantities of less than 2000 L.
13.
Control code F14 is further varied (section 77(4)(b)), to the extent that Regulation 81
does not does not apply to a person in charge of a hazardous substance location where
E10, petrol, aviation gasoline, racing gasoline or kerosene (“the fuel”) is stored in total
quantities of less than 2,000 litres, and the proposed or actual duration of the storage is for
a continuous period of less than 14 days, if the fuel –
(a) is stored in one or more secure containers, each individual container with a
capacity of less than 250 litres; and
(b) the container or containers comply with regulation 11 and Schedule 2 or Schedule
3 (as appropriate) of the Hazardous Substances (Packaging) Regulations 2001;
and
(c) is situated at a distance not less than 15 metres from any area of high intensity
land use or area of regular habitation; and
(d) is situated either in the open or in a well ventilated building; and
(e) is in a compound or located so that any spillage of the fuel will not endanger any
building, or flow into any stream, lake or natural water.
14.
This means that:
Temporary locations where fuel is stored in quantities less than 2000 litres may
not require test certification.
15.
Control code F14 is further varied (section 77(4)(b)) to the extent that Regulation 81
applies to E10 as if, at the end of paragraph (g), the expression “.” was omitted and
substituted with the following:
; and
and the following new subclause was inserted:
(h) the requirements of Schedule 10 (Controls relating to the adverse effects of
unintended ignition of class 2 and class 3.1 hazardous substances) of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice
2004 are complied with.
16.
This means that:
The Schedule 10 controls are included in the matters that must be certified by the test
certificate.
Environmental Risk Management Authority Decision: Application HSR02058
Page 18 of 43
17.
Control code F16 is varied (section 77(4)(b)) to the extent that Regulation 83 applies to
E10
a. as if the E10 is subject to the tracking provisions of the Hazardous Substances
(Tracking) Regulations 2001; and
b. as if the item in table 4 in Schedule 3 to the regulations relating to
classification 3.1A were omitted and substituted with the following:
3.1A 50 L (quantity beyond which controls apply for closed containers)
50 L (quantity beyond which controls apply when use occurring in
open containers).
18.
This regulation prescribes requirements for transit depots which are places designed to
hold more than 50 L of E10 for a period of up to 3 days, but for periods that are more
than 2 hours.
19.
Control code I29 is varied (section 77(4)(b)) to the extent that subclause (1) of regulation
52 applies to any place where no more than 2,000 litres of E10, petrol, aviation gasoline
or racing gasoline is located for use on a farm (being a farm of not less than 4 hectares in
area) as if the words “, and every vehicular and pedestrian access to land where the
building is located,” were omitted.
20.
This means that:
Signage is not required on farms at every vehicular and pedestrian access to the land
where less than 2000 L of fuel is stored.
21.
Control code I30 is varied (section 77(4)(b)) in that the regulations apply as if Regulation
53 was omitted.
22.
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.
23.
Control code P5 is varied (section 77(4)(b)) to the extent that Regulation 11 applies to
E10 as if E10 has a hazard classification of 3.1B.
24.
This means that :
E10 may be packaged to a performance standard according to Schedule 4, in units
of packaging not exceeding 1 L; and that
E10 must be packaged to a performance standard according to Schedule 2 (i.e.
PG2) when in quantities exceeding 1 L.
25.
The packaging for portable containers of E10 that have a capacity of 25 L or less shall
comply with the requirements of:
(a) AS/NZS 2906:2001 (Fuel Containers – Portable – Plastics and Metal); or
(b) ASTM F-852-99e1 (Standard Specification for Portable Gasoline Containers for
Consumer Use); or
(c) a code of practice approved by the Authority under section 79 of the Act that
specifies requirements equivalent to the requirements specified in paragraph (a) or
paragraph (b); or
Environmental Risk Management Authority Decision: Application HSR02058
Page 19 of 43
(d) an approval issued by the Authority or the Chief Inspector of Dangerous Goods
under regulation 3 of the Dangerous Goods (Class 3 – Flammable Liquids)
Regulations 1985 prior to 1 April 2004.
26.
Control code EM1 is varied (section 77(4)(b)) to the extent that Regulations 6 & 7 apply
to E10 as if the item in Schedule 1 of the regulations relating to classification 3.1A were
omitted and the following substituted: 3.1A 1 L
27.
This control relates to the provision of emergency management information (essentially
on the label) that must be provided with E10 when present in quantities equal to or
greater than 1 L.
28.
Control code EM10 is varied (section 77(4)(b)) to the extent that Regulation 21 applies to
an unattended dispensing station where there is stored E10 for self service refuelling as if the item
in Schedule 3 of the regulations relating to classification 3.1A was omitted.
29.
This means that:
For unattended dispensing stations where there is stored E10 for self service
refuelling fire extinguishers are not required
30.
Control code EM11 is varied (section 77(4)(b)) to the extent that regulation 25 applies to
a place where there is stored:
(a) at a farm of not less than 4 hectares E10, petrol, aviation gasoline, racing
gasoline, kerosene or diesel fuel, stored in total quantities of less than 2000 L
and located so that any spillage will not endanger any building, or flow into any
stream, lake or natural water: or
(b) E10, petrol, aviation gasoline, racing gasoline, kerosene or diesel fuel, stored in
total quantities of less than 2000 L contained in a tank wagon or in secure
containers, each individual container with a capacity of less than 250 L, located
so that any spillage will not endanger any building, or flow into any stream, lake
or natural water and where the proposed or actual duration is for a continuous
period of less than 14 days,
as if the item in Schedule 4 of the regulations relating to the classification 3.1A
and 9.1B were omitted and the following substituted:
3.1 A and 9.1B
2000 L.
31.
Control code EM12 is varied (section 77(4)(b)) to the extent that regulation 36 applies as
if there were added, after subclause (3), the following subclauses:
(4) For the purposes of this regulation and regulations 37 to 40, E10 contained in
pipework that is installed and operated so as to manage any loss of containment in
the pipework—
(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—
Environmental Risk Management Authority Decision: Application HSR02058
Page 20 of 43
(i) is connected to a stationary container; and
(ii) is used to transfer E10 into or out of the stationary container; and
(b) includes a process pipeline or a transfer line.
32.
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 by Supplements to the New Zealand Gazette, 1 October 2004, No. 128, page
3133, 16 December 2005, No. 208, page 5289, 27 June 2006, No. 70, page 1609 and 30
June 2006, No. 76, page 2409), shall apply to E10, notwithstanding clause 1(1) of
Schedules 8 and 9 and clause 1 of Schedule 10.
33.
For E10, in Schedule 9, clause 5(1) (a): “regulations 39 or 40” is replaced by “regulation
39” and clause 4(3) is omitted.
34.
This means that regulation 40 of the Emergency Management regulations must be complied
with as written. That is, underground tanks holding E10 must have secondary containment.
Tony Haggerty
Date 14 November 2006
Chair, Hazardous Substances Committee
Environmental Risk Management Authority Decision: Application HSR02058
Page 21 of 43
APPENDIX 1 – Controls Applying to Petrol-Ethanol Blends
containing 1% to 10% ethanol by volume
Control
Code1
Regulation2
Explanation3
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable
Property Controls
F1
Regulation 7
General test certification requirements for all class 1 to 5 substances
Where a test certificate is required for a hazardous substance location
where flammable substances are held, that test certificate must be issued
by an approved test certifier and must typically be renewed yearly.
However, the Authority can, on request by the persons required to obtain
the test certificate, extend the time period to 3 years.
F2, T7,
E8
Regulation 8
(classes 1-5)
Regulation 10
(classes 6-9)
F3
Regulation 55
General public transportation restrictions and requirements for all
class 1 to 5 substances
E10 is not permitted to be carried on passenger service vehicles.
General limits on flammable substances
Regulation 55 applies to E10 as if E10 is subject to the tracking provisions
of the Hazardous Substances (Tracking) Regulations 2001.
This regulation applies to E10 as if the item in table 4 in Schedule 3 to the
regulations relating to classification 3.1A were omitted and substituted
with the following:
3.1A 50 L (quantity beyond which controls apply for closed containers)
50 L (quantity beyond which controls apply when use occurring in open
containers).
Therefore:
Where E10 is present at a place for longer than 2 hours, and in a
quantity that exceeds 50 L it must be held at a hazardous substance
location or transit depot, as appropriate.
1
Note: The numbering system used in this column relates to the coding system used in the ERMA New
Zealand Controls Matrix. This links the hazard classification categories to the regulatory controls triggered
by each category. It is available from ERMA New Zealand and is also contained in the ERMA New
Zealand User Guide to the Controls Regulations.
2
These regulations form the controls applicable to this substance. Refer to the cited regulations for the
formal specification, and for definitions and exemptions. The accompanying explanation is intended for
guidance only.
3
These explanations are for guidance only. Refer to the cited regulations for the formal specification, and
for definitions and exemptions.
Environmental Risk Management Authority Decision: Application HSR02058
Page 22 of 43
Control
Code1
Regulation2
F4
Regulation 56
Explanation3
Certain flammable substances to be under the control of an approved
handler
Subclause (1) regulation 56 applies to E10 as if the item in table 2 of
Schedule 3 of the regulations relating to classification 3.1A were omitted
and replaced by the following:
3.1A 100 L
Regulation 56 applies to E10 as if, in regulation 56(1), the words “subject
to Subclause (2)” were inserted before the words “Class 2, 3, or 4”
Therefore:
E10 must, when present in quantities greater than 100 L, must be under
the personal control of an approved handler; or be able to be secured so
that a person cannot gain access to the substance without tools, keys, or
any other device for operating locks.
This regulation applies to E10 as if regulation 56(2) were omitted and the
following substituted:
(2) E10 required to be under the personal control of an approved handler
may be handled by a person who is not an approved handler if—
(a) where the E10 is being handled,—
(i) the person has been trained in the hazards associated with the substance
and its safe use and handling, including steps to be taken in the event of
spillage or other emergency; and
(ii) an approved handler is available to provide assistance, if necessary, to
the person at all times while the substance is being handled by the person;
or
(b) at a refuelling outlet—
(i) the person is self service refuelling a vehicle, aircraft or ship with E10;
or
(ii) the person is self service filling a container with less than 250 litres of
E10; and
(iii) an approved handler is available to provide assistance, if necessary, to
the person at all times while the substance is being handled by the person.
F5
Regulations 5859
It should be noted that any person handling any quantity of a class 3.1
substance under any of regulations 61, 63(4), 65, 67 and 69 must be an
approved handler for that substance, i.e. the trigger quantities that
typically activate approved handler requirements do not apply [Regulation
60(2)].
Requirements regarding hazardous atmosphere zones for flammable
liquids (3.1)
There is a requirement to establish a hazardous atmosphere zone wherever
E10 is present in quantities greater than:




100 L (closed)
25 L (filling)
5 L (open occasionally)
1 L (if in open container for continuous use)
Environmental Risk Management Authority Decision: Application HSR02058
Page 23 of 43
Control
Code1
Regulation2
Explanation3
The zone must comply with either of the standards as listed in regulation
58(a) and (b) or an ERMA approved code of practice.
F6
Regulations 6070
There are a number of requirements that must be met regarding hazardous
atmosphere zones, including:
 any controls placed on electrical systems or electrical equipment
within a hazardous atmosphere zone must be consistent with any
controls on electrical systems or electrical equipment set under
other legislation that are relevant to that specific location. This is
to ensure that any potential ignition sources from electrical system
or electrical equipment are protected or insulated to an extent that
is consistent with the degree of hazard (Regulation 59)
 test certification requirements (Regulation 81).
Requirements to prevent unintended ignition of flammable liquids
(3.1)
These regulations prescribe controls to reduce the likelihood of
unintended ignition of flammable gases, aerosols and liquids. Controls are
prescribed with the aim of covering all foreseeable circumstances in which
unintended ignition could take place, and include:
 placing limits on the proportion of flammable vapour to air to
ensure that the proportion of flammable vapour to air will always
be sufficiently outside the flammable range, so that ignition
cannot take place, and
 ensuring that there is insufficient energy available for ignition.
This energy could be in the form of either temperature or ignition
energy (e.g. a spark). Accordingly, the controls provide two
approaches to ensure that there is insufficient energy for ignition:
(1) keeping the temperature of the substance, or the temperature of any
surface in contact with the substance, below 80% of the auto-ignition
temperature of the substance, and
(2) keeping sources of ignition below the minimum ignition energy, either
by removal of the ignition source from any location where flammable
substances are handled, or by protecting the “general” mass of flammable
material from the ignition source, e.g. by enclosing any ignition sources in
an enclosure that will not allow the propagation of the flame to the
outside; or using flameproof motors especially designed to prevent
ignition energy escaping.
It should be noted that any person handling any quantity of a class 3.1
substance under any of regulations 61, 63(4), 65, 67 and 69 must be an
approved handler for that substance, i.e. the trigger quantities that
typically activate approved handler requirements do not apply (Regulation
60(2)).
Subclauses (3), (4), and (5) of Regulation 61 do not apply to a vehicle,
aircraft or ship at the dispensing unit of a refuelling outlet if, when E10 is
being delivered to the fuel tank of the
vehicle, aircraft or ship —
(1) the engine of the vehicle, aircraft or ship is turned off; and
(2) no source of ignition is brought within 3 metres of the fuel tank of the
Environmental Risk Management Authority Decision: Application HSR02058
Page 24 of 43
Control
Code1
Regulation2
Explanation3
vehicle, aircraft or ship.
Regulation 61 applies as if there were added, after subclause (6) the
following subclauses:
(7) Any aircraft that is being refuelled must comply with the Civil
Aviation Rules.
It is noted that the Hazardous Substances (Classes 1 to 5 Controls)
Regulations do not apply to this substance once it is contained within the
fuel system of a vehicle (refer regulation 9).
F11
Regulation 76
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of flammable
substances, there is a requirement to ensure that the substance does not
come into contact with any incompatible substance or material.
Classes incompatible with E10 are classes 1, 2, 3.2, 4, 5
F12
Regulations 7778
General requirement for hazardous substance locations for
flammable substances
Regulation 77 applies to E10 as if E10 is subject to the tracking provisions
of the Hazardous Substances (Tracking) Regulations 2001.
Regulation 77 applies to E10 as if the item in table 4 in Schedule 3 to the
regulations relating to classification 3.1A were omitted and substituted
with the following:
3.1A 50 L (quantity beyond which controls apply for closed containers)
50 L (quantity beyond which controls apply when use occurring in
open containers).
Therefore:
The person in charge of a place where E10 is located must establish in
that place 1 or more hazardous substance locations where E10 is to be
situated if E10 is present - (a) in a quantity exceeding 50 L; and (b) for a
period exceeding 2 hours.
Within such locations, there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location
 where relevant, ensure that the substances will be under the
control of an approved handler and that any container/building
used to hold the substances is secured
 ensure that any test certification requirements are met
 ensure that a site plan is available for inspection
 where required, establish and manage a hazardous atmosphere
zone
A number of controls are prescribed for hazardous substance locations in
order to reduce the likelihood of unintended ignition of class 3 substances
(Regulation 78), including:
Environmental Risk Management Authority Decision: Application HSR02058
Page 25 of 43
Control
Code1
Regulation2
Explanation3



requirements for fire resistant walls (240/240/240 minutes) and
separation distances (greater than 3 m) to isolate any ignition
sources
safety requirements for electrical equipment (construction, design,
earthing)
requirements for segregation of incompatible substances
(See also F3 and F16)
F14
Regulation 81
Test certification requirements for facilities where class 3.1
substances are present
There is a test certification requirement when E10 is present at any
hazardous substance location, hazardous atmosphere zone or transit depot
when in quantities above 50 L.
That test certificate must be issued by an approved test certifier and must
demonstrate compliance with a number of specified controls, including:
 notification to relevant enforcement officer of hazardous
substance location
 approved handler requirements
 security requirements
 hazardous atmosphere zone requirements, including controls on
electrical systems and electrical equipment
 segregation of incompatible substances
 signage requirements
 emergency management requirements
 fire-fighting equipment
 secondary containment
This regulation does not apply to a person in charge of a hazardous
substance location that is a farm of not less than 4 hectares, where
E10, petrol, aviation gasoline, racing gasoline or kerosene (“the fuel”) is
stored in total quantities of less than 2,000 litres, if—
(a) the fuel—
(i) is stored in one or more secure containers, each individual container
with a capacity of less than 250
litres; and
(ii) the container or containers comply with regulation 11 and Schedule 2
or Schedule 3 (as appropriate) of the Hazardous Substances (Packaging)
Regulations 2001; and
(iii) is situated at a distance not less than 15 metres from any area of high
intensity land use or area of regular
habitation; and
(iv) is situated either in the open or in a well ventilated building; and
(v) is in a compound or located so that any spillage of the fuel will not
endanger any building, or flow into any stream, lake or natural water; or
(b) the fuel is—
(i) stored in an above ground stationary tank that—
Environmental Risk Management Authority Decision: Application HSR02058
Page 26 of 43
Control
Code1
Regulation2
Explanation3
(1) complies with the Stationary Container Controls in Schedule 8 of the
Hazardous Substances (Dangerous Goods and Scheduled Toxic
Substances) Transfer Notice 2004; and
(2) is situated—
(A) not less than 20 metres from any area of high-intensity land use or
area of regular habitation; and
(B) 6 metres from any combustible materials; and
(ii) is in a compound or located so that any spillage of the fuel will not
endanger any building, or flow into any stream, lake or natural water.
This regulation does not apply to a person in charge of a hazardous
substance location where E10, petrol, aviation gasoline, racing gasoline
or kerosene (“the fuel”) is stored in total quantities of less than 2,000
litres, and the proposed or actual duration of the storage is for a
continuous period of less than 14 days, if the fuel –
(a) is stored in one or more secure containers, each individual
container with a capacity of less than 250 litres; and
(b) the container or containers comply with regulation 11 and
Schedule 2 or Schedule 3 (as appropriate) of the Hazardous
Substances (Packaging) Regulations 2001; and
(c) is situated at a distance not less than 15 metres from any area
of high intensity land use or area of regular habitation; and
(d) is situated either in the open or in a well ventilated building;
and
(e) is in a compound or located so that any spillage of the fuel
will not endanger any building, or flow into any stream, lake
or natural water.
Regulation 81 applies to E10 as if, at the end of paragraph (g), the
expression “.” was omitted and substituted with the following:
; and
and the following new subclause was inserted:
(h) the requirements of Schedule 10 (Controls relating to the adverse
effects of unintended ignition of class 2 and class 3.1 hazardous
substances) of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004 are complied with.
F16
Regulation 83
Controls on transit depots where flammable substances are present
This regulation applies to E10 as if the E10 is subject to the tracking
provisions of the Hazardous Substances (Tracking) Regulations 2001.
This regulation applies to E10 as if the item in table 4 in Schedule 3 to the
regulations relating to classification 3.1A were omitted and substituted
with the following:
3.1A 50 L (quantity beyond which controls apply for closed containers)
50 L (quantity beyond which controls apply when use occurring in
open containers).
Environmental Risk Management Authority Decision: Application HSR02058
Page 27 of 43
Control
Code1
Regulation2
Explanation3
Transit depots are places designed to hold more than 50 L of E10 for a
period of up to 3 days, but for periods that are more than 2 hours.
Whenever E10 is held at a transit depot in quantities exceeding 50 L, there
is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location
 where relevant, ensure that the substances will be under the
control of an approved handler
 ensure that any road vehicle loaded with containers of class 3
substances is within specified distances of other vehicles or places
containing hazardous substances
 ensure that containers of class 3 substances held in the depot (but
not loaded onto a vehicle) are within specified distances from
vehicles or other containers
 ensure that all class 3 substances remain in their containers and
the containers remain closed
 ensure the safety of any electrical equipment
 comply with any signage requirements
 comply with relevant parts of other Acts and Regulations, e.g.
Electricity Act 1992, HSE (Mining Underground Regulations)
1999 or Civil Aviation Rules
(See also F3 and F12)
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 – Toxic Property Controls
T1
Regulations 11- Limiting exposure to toxic substances
27
This control relates to limiting public exposure to toxic substances through
the setting of tolerable exposure limits (TELs). A TEL represents the
maximum allowable concentration of a substance legally allowable in a
particular environmental medium. TEL values are established by the
Authority and are enforceable controls under the HSNO Act. TELs are
derived from potential daily exposure (PDE) values, which in turn are
derived from acceptable daily exposure (ADE)/reference dose (RfD)
values.
An ADE / RfD value must be set for a toxic substance if:
 It is likely to be present in an environmental medium (air, water,
soil or a surface that the substance may be deposited onto) or food
or other matter that might be ingested
 It is a substance to which people are likely to be exposed to during
their lifetime, and;
 Exposure is likely to result in an appreciable toxic effect
If an ADE / RfD value is set for a substance, a PDE for each exposure
route must also be set for the substance. The PDE is a measure of the
relative likelihood of a person actually being exposed to the substance
through a particular exposure route given daily living patterns.
Environmental Risk Management Authority Decision: Application HSR02058
Page 28 of 43
Control
Code1
Regulation2
Explanation3
The following TELs are set for E10:
Benzene
TELAIR
= 10 µg/m3
TELWATER = 10 µg/L
Toluene
TELAIR
= 400 µg/m3
TELWATER = 800 µg/L
T2
Regulations 29,
30
Xylene
TELAIR
= 870 µg/m3
TELWATER = 600 µg/L
Controlling exposure in places of work
A workplace exposure standard (WES) is designed to protect persons in
the workplace from the adverse effects of toxic substances. A WES is an
airborne concentration of a substance (expressed as mg substance/m3 of
air or ppm in air), which must not be exceeded in a workplace and only
apply to places of work that the public does not have access to.
The following WESs are set for E10:
5 ppm (16 mg/m3) (TWA)
100 ppm (434 mg/m3) (TWA)
125 ppm (543 mg/m3) (STEL)
Toluene
50 ppm (188 mg/m3) (TWA)
Xylene (o-,m-, p-isomers) 50 ppm (217 mg/m3) (TWA)
Benzene
Ethyl benzene
T4, E6
Regulation 7
Requirements for equipment used to handle substances
Any equipment used to handle toxic substances must retain and/or
dispense the substance in the manner intended, i.e. without leakage, and
must be accompanied by sufficient information so that this can be
achieved.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 – Ecotoxic Property
Controls
E1
Regulations
Limiting exposure to ecotoxic substances
32 – 45
This control relates to the setting of environmental exposure limits
(EELs). An EEL establishes the maximum concentration of an ecotoxic
substance legally allowable in a particular (non target) environmental
medium (e.g. soil or sediment or water), including deposition of a
substance onto surfaces (e.g. as in spray drift deposition).
An EEL can be established by one of three means:
 Applying the default EELs specified
 Adopting an established EEL
 Calculating an EEL from an assessment of available
ecotoxicological data
Environmental Risk Management Authority Decision: Application HSR02058
Page 29 of 43
Control
Code1
Regulation2
Explanation3
The following EELs are set for E10:
Benzene
Toluene
o-Xylene
m/p-Xylene
2000 µg/L (ANZECC 80% level of protection)
330 µg/L (ANZECC 80% level of protection)
640 µg/L (ANZECC 80% level of protection)
340 µg/L (ANZECC 80% level of protection)
Hazardous Substances (Identification) Regulations 2001
I1
Regulations 6,
General identification requirements
7, 32-35, 36
(1)-(7)
These controls relate to the duties of suppliers and persons in charge of
hazardous substances with respect to identification (essentially labelling)
(regulations 6 and 7), accessibility of the required information (regulations
32 and 33) and presentation of the required information with respect to
comprehensibility, clarity and durability (regulations 34, 35, 36(1)-(7)).
Regulation 6 – Identification duties of suppliers
Suppliers of any hazardous substance must ensure it is labelled with all
relevant priority identifier information (as required by regulations 8 – 17)
and secondary identifier information (as required by regulations 18 – 30)
before supplying it to any other person. This includes ensuring that the
priority identifier information is available to any person handling the
substance within 2 seconds (regulation 32), and the secondary identifier
information available within 10 seconds (regulation 33).
Suppliers must also ensure that no information is supplied with the
substance (or its packaging) that suggests it belongs to a class that it does
not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of any hazardous substance must ensure it is labelled
with all relevant priority identifier information (as required by regulations
8 – 17) and secondary identifier information (as required by regulations 18
– 30) before supplying it to any other person. This includes ensuring that
the priority identifier information is available to any person handling the
substance within 2 seconds (regulation 32), and the secondary identifier
information available within 10 seconds (regulation 33).
Persons in charge must also ensure that no information is supplied with
the substance (or its packaging) that suggests it belongs to a class that it
does not in fact belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by regulations 8 – 17) must
be available within 2 seconds, e.g. on the label.
All secondary identifier Information (as required by regulations 18 – 30)
must be available within 10 seconds, e.g. on the label, on a package insert,
etc.
Environmental Risk Management Authority Decision: Application HSR02058
Page 30 of 43
Control
Code1
Regulation2
Explanation3
Regulations 34, 35, 36(1)-(7) – Comprehensibility, Clarity and Durability
of information
All required priority and secondary identifiers must be presented in a way
that meets the performance standards in these regulations. In summary:
 any information provided (either written and oral) must be readily
understandable and in English
 any information provided in written or pictorial form must be able
to be easily read or perceived by a person with average eyesight
under normal lighting conditions
 any information provided in an audible form must be able to be
easily heard by a person with average hearing
 any information provided must be in a durable format i.e. the
information requirements with respect to clarity must be able to be
met throughout the lifetime of the (packaged) substance under the
normal conditions of storage, handling and use.
I3, I5, I8
Regulations 9,
11 and 14
Priority identifiers for E10
This requirement specifies that E10 must be prominently identified as
being ecotoxic, flammable and toxic.
In addition, the following information must be provided:
 an indication the substance is a liquid
 if a flammable liquid, information must be provided on its general
degree of hazard (e.g. highly flammable)
 the general degree and type of hazard of the substance (for E10,
this could be ‘Harmful if swallowed/inhaled/by skin contact’), and
the need to restrict access to the substance by children.
This information must be available to any person handling the substance
within 2 seconds (regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
I9
Regulation 18
Secondary identifiers for all hazardous substances
This control relates to detail required for hazardous substances 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, on a package insert, etc. 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
 if E10, when in a closed container, is likely to become more
hazardous over time or develop additional hazardous properties,
or become a hazardous substance of a different class, a description
of each likely change and the date by which it is likely to occur.
Environmental Risk Management Authority Decision: Application HSR02058
Page 31 of 43
Control
Code1
Regulation2
I11, I13,
I16
Regulations 20,
22 and 25
Explanation3
Secondary identifiers for E10
This control relates to the additional label detail required for E10
substances. This information must be accessible within 10 seconds
(regulation. 33) and could be provided on secondary panels on the product
label, on a package insert, etc. The following information must be
provided:
 an indication of the circumstances in which it may harm living
organisms
 an indication of the kind and extent of the harm it is likely to
cause to living organisms
 an indication of the steps to be taken to prevent harm to living
organisms
 in the case of an ecotoxic substance of classification 9.1B, an
indication of its general type and degree of hazard (e.g. for E10
‘ecotoxic to aquatic life’)
 an indication of its general type and degree of flammable hazard
(e.g. highly flammable liquid)
 an indication of the circumstances in which it may be ignited
unintentionally
 an indication of the likely effect of an unintentional ignition
 an indication of the steps to be taken to prevent an unintentional
ignition
 an indication of its general type and degree of toxic hazards (e.g.
mild skin irritant, eye irritant, etc)
 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 of any ingredient that would, independently of any other
ingredient, cause the substance to be classified in subclass 6.7. In
addition, the concentration of the ingredient that would contribute
the most to that classification must be provided.
In the case of E10, the classification 6.7B is driven by the benzene
content of the petrol component. Therefore, benzene and its
concentration should be identified.
I18
Regulation 27
Requirements for using concentration ranges
This control provides the option of providing concentration ranges for
those ingredients whose concentrations are required to be stated on the
product label as specified by regulations 19(f), 25(e) and 25(f).
[Regulations 19(f) and 25 (e) and (f) specify a requirement to list on the
product label, the name and concentration of any ingredient that would
independently of any other ingredient, cause the substance to be classified
as class 6.7].
Environmental Risk Management Authority Decision: Application HSR02058
Page 32 of 43
Control
Code1
Regulation2
Explanation3
This requirement allows the option of specifying (in the case of E10)
the benzene concentration as a range, e.g. less than 4% by volume.
I19
Regulations
29 – 31
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 – 25 when
substances are contained in fixed bulk containers or bulk transport
containers.
Regulation 29 (1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the container,
information that identifies the type and general degree of hazard of the
substance. When class 1,2,3,4 or 5 substances are contained, there is an
additional requirement that information must be provided describing any
steps to be taken to prevent an unintentional explosion, ignition
combustion, acceleration of fire or thermal decomposition.
Regulation 29 (2) specifies that for bulk transport containers, it is
sufficient compliance if the substance is labelled or marked in compliance
with the requirements of either the Land Transport Rule 45001, Civil
Aviation Act 1990 or Maritime Transport Act 1994.
Regulation 30 – Substances in multiple packaging
This regulation relates to situations when hazardous substances are in
multiple packaging and the outer packaging obscures some or all of the
required substance information. In such cases, the outer packaging must:
 be clearly labelled with all relevant priority identifier information
i.e. the hazardous properties of the substance must be identified,
or
 be labelled or marked in compliance with either the Land
Transport Rule 45001, Civil Aviation Act 1990 or the Maritime
Safety Act 1994 as relevant, or
 in the case of an ecotoxic substance, it must bear the EU
pictogram “Dangerous to the Environment” (‘dead fish and tree’
on orange background), or
 bear the relevant class label assigned by the UN Model
Regulations
Regulation 31 – Alternative information when substances are imported
This regulation relates to alternative information requirements for
hazardous substances that are imported into New Zealand in a closed
package or in a freight container and will be transported to their
destination without being removed from that package or container. In
these situations, it is sufficient compliance with HSNO if the package or
container is labelled or marked in compliance with the requirements of the
Land Transport Rule 45001.
Environmental Risk Management Authority Decision: Application HSR02058
Page 33 of 43
Control
Code1
Regulation2
Explanation3
I21
Documentation required in places of work
Regulations
37–39, 47–50
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to provision of documentation (essentially
Material Safety Data Sheets) (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 substances of specific hazard
classifications are held in the workplace in quantities equal to or greater
than the levels as specified in Schedule 2 of the Identification Regulations.
Where a substance triggers more than one hazard classification, the most
stringent quantity generally applies.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by regulations 39 – 46 when selling or supplying to
another person a quantity of a hazardous substance equal to or greater than
the levels specified in Schedule 2 for that classification, if the substance is
to be used in a place of work and the supplier has not previously provided
the documentation to that person.
Regulation 38 – Documentation duties of persons in charge of places of
work
The person in charge of any place of work where hazardous substances are
present in quantities equal to or greater than those specified in regulation
38 (and with reference to Schedule 2 of the Identification Regulations),
must ensure that every person handling the substance has access to the
documentation containing all relevant information required by regulations
39 – 46. The person in charge must also ensure that the documentation
does not contain any information that suggests that the substance belongs
to a hazard classification it does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with a hazardous substance must include the
following information:
 the unequivocal identity of the substance (e.g. the CAS number,
chemical name, common name, UN number, registered trade
name(s))
 a description of the physical state, colour and odour of the
substance
 if the substance’s physical state may alter over the expected range
of workplace temperatures, the documentation must include a
description of the temperatures at which the changes in physical
state may occur and the nature of those changes.
 in the case of a substance that, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, the documentation must include a description of
each likely change and the date by which it is likely to occur
 contact details for the New Zealand supplier / manufacturer /
importer
Environmental Risk Management Authority Decision: Application HSR02058
Page 34 of 43
Control
Code1
Regulation2
Explanation3



all emergency management and disposal information required for
the substance
the date on which the documentation was prepared
the name and concentration of any ingredients that would
independently of any other ingredient, cause the substance to be
classified as class 6.7 (see comments under I16).
Regulation 47 – Information not included in approval
This regulation relates to the provision of specific documentation
information (e.g. as provided on an MSDS). If information required by
regulations 39 to 46 was not included in the information used for the
approval of the substance by the Authority, it is sufficient compliance with
those regulations if reference is made to that information requirement
along with a comment indicating that such information is not applicable to
that substance.
Regulation 48 – Location and presentation requirements for
documentation
All required documentation must be available to a person handling the
substance in a place of work within 10 minutes. The documentation must
be readily understandable by any fully-trained worker required to have
access to it and must be easily read, under normal lighting conditions, at a
distance of not less than 0.3m.
Regulation 49 – Documentation requirements for vehicles
This regulation provides for the option of complying with documentation
requirements as specified in the various Land, Sea and Air transport rules
when the substance is being transported.
Regulation 50 – Documentation to be supplied on request
Notwithstanding regulation 37 above, a supplier must provide the required
documentation to any person in charge of a place of work (where a
hazardous substance is present) if asked to do so by that person.
The trigger level for E10 is 5 litres.
I23, I25,
I28
Regulations 41,
43 and 46,
Specific documentation requirements for E10
The documentation provided with E10 must include the following
information:
 its general degree and type of ecotoxic hazard (e.g. highly
ecotoxic to terrestrial vertebrates)
 a full description of the circumstances in which it may harm living
organisms and the extent of that harm
 a full description of the steps to be taken to prevent harm to living
organisms
 a summary of the available acute and chronic (ecotox) data used
to define the (ecotox) subclass or subclasses in which it is
classified
 its bio-concentration factor or octanol-water partition coefficient
 its expected soil or water degradation rate
 any EELs set by the Authority
 its general degree and type of flammable hazard
Environmental Risk Management Authority Decision: Application HSR02058
Page 35 of 43
Control
Code1
Regulation2
Explanation3













I29
Regulations
51 – 52
a full description of the circumstances in which it may be ignited
unintentionally
the likely effect of an unintentional ignition
a full description of the steps to be taken to prevent an
unintentional ignition
its lower and upper explosive limits, expressed as volume
percentages in air or its flash point (and flash point methodology)
and auto-ignition temperature
its general degree and type of toxic hazard
a full description of the circumstances in which it may harm
human beings
the kinds of harm it may cause to human beings
a full description of the steps to be taken to prevent harm to
human beings
the percentage of volatile substance in the liquid formulation, and
the temperature at which the percentages were measured
a summary of the available acute and chronic (toxic) data used to
define the (toxic) subclass or subclasses in which it is classified
the symptoms or signs of injury or ill health associated with each
likely route of exposure
the dose, concentration, or conditions of exposure likely to cause
injury or ill health
any TELs or WESs set by the Authority.
Duties of persons in charge of places with respect to signage
The person in charge of a place where the quantities of E10 exceeds 250 L
must ensure that the following signage is provided:
If E10 is located in a building (but not in a particular room or
compartment within it), there must be positioned at every vehicular and
pedestrian access to the building, and every vehicular and pedestrian
access to land where the building is located, signage – (a) stating that a
hazardous substance is present; and (b) stating the general type of hazard
Subclause (1) of regulation 52 applies to any place where no more
than 2,000 litres of E10, petrol, aviation gasoline or racing gasoline is
located for use on a farm (being a farm of not less than 4 hectares in area)
as if the words “, and every vehicular and pedestrian access to land where
the building is located,” were omitted.
Hazardous Substances (Packaging) Regulations 2001
P1
Regulations 5,
General packaging requirements
6, 7 (1), 8
These controls relate to the ability of the packaging to retain its contents,
allowable packaging markings with respect to design approvals, factors
affecting choice of suitable packaging, and compatibility of the substance
with any previous contents of the packaging.
Regulation 5 – Ability to retain contents
Packaging for all hazardous substances must ensure that, when the
package is closed, there is no visible release of the substance, and that it
Environmental Risk Management Authority Decision: Application HSR02058
Page 36 of 43
Control
Code1
Regulation2
Explanation3
maintains its ability to retain its contents in temperatures from –10oC to
+50oC. The packaging must also maintain its ability to retain its remaining
contents if part of the contents is removed from the package and the
packaging is then re-closed. The packaging in direct contact with the
substance must not be significantly affected or weakened by contact with
the substance such that the foregoing requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing hazardous substances must not be marked in
accordance with the UN Model Regulations unless
 the markings comply with the relevant provisions of that
document, and
 the packaging complies with the tests set out in Schedule 1, 2 or 3
(Packaging Regulations) respectively, and
 the design of the packaging has been test certified as complying
with those tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing any hazardous substance, account must be taken of its
physical state and properties, and packaging must be selected that
complies with the requirements of regulation 5, and regulations 9 – 21.
Regulation 8 – Compatibility
Hazardous substances must not be packed in packaging that has been
previously packed with substances with which it is incompatible.
P3, P5,
P13, P15
Regulations 9,
11, 19 and 21
Packaging requirements for substances packed in limited quantities
Regulation 11 applies to E10 as if E10 has a hazard classification of 3.1B.
E10 may be packaged to a performance standard according to Schedule
4, in units of packaging not exceeding 1 L.
E10 must be packaged to a performance standard according to Schedule
2 (i.e. PG2) when in quantities exceeding 1 L
The packaging for portable containers of E10 that have a capacity of 25 L
or less shall comply with the requirements of:
(a) AS/NZS 2906:2001 (Fuel Containers – Portable – Plastics
and Metal); or
(b) ASTM F-852-99e1 (Standard Specification for Portable Gasoline
Containers for Consumer Use); or
(c) a code of practice approved by the Authority under section 79 of the
Act that specifies requirements equivalent to the requirements specified in
paragraph (a) or paragraph (b); or
(d) an approval issued by the Authority or the Chief Inspector of
Dangerous Goods under regulation 3 of the Dangerous Goods (Class 3 –
Flammable Liquids) Regulations 1985 prior to 1 April 2004.
PG2
Schedule 2
This schedule provides the test methods for packaging required to be
tested in accordance with this schedule. The tests in Schedule 2 correlate
to the packaging requirements of UN Packing Group II (UNPGII).
Environmental Risk Management Authority Decision: Application HSR02058
Page 37 of 43
Control
Code1
Regulation2
PS4
Schedule 4
D6
Regulation 10
Explanation3
This schedule describes the minimum packaging requirements that must
be complied with for E10 when packaged in quantities equal to or less
than 1 L.
Hazardous Substances (Disposal) Regulations 2001
D2, D4, Regulations 6,
Disposal requirements for E10
D5
8 and 9
E10 must be disposed of by:
 treating the substance so that it is no longer a hazardous
substance.
 Treatment does not dilution of the substance with any other
substance prior to discharge to the environment nor include
depositing the substance in a landfill or sewage facility but can
include controlled burning providing that the performance
requirements as set out in regulation 6(3)(b) of the Disposal
Regulations for protecting people and the environment are met, or
 exporting the substance from New Zealand as a hazardous waste.
There is provision for E10 to be discharged into the environment as waste
or deposited in a landfill, provided the discharge location is managed so
that:
 the substance will not at any time come into contact with any
substances with explosive or oxidising properties, and
 there is no ignition source in the vicinity of the disposal site, and
 in the event of an accidental fire, harm to people or the
environment does not occur – the performance requirements for
this are set out in regulation 6(3)(b) of the Disposal Regulations;
 after reasonable mixing, the concentration of the substance in any
part of the environment outside the mixing zone does not exceed
any TEL (tolerable exposure limit) set by the Authority for that
substance, or
 after reasonable mixing, the concentration of the substance in any
part of the environment outside the mixing zone does not exceed
any EEL (environmental exposure limit) set by the Authority for
that substance.
Disposal requirements for packages
This control gives the disposal requirements for packages that contained a
hazardous substance and are no longer to be used for that purpose. Such
packages must be either decontaminated/treated, or rendered incapable of
containing any substance (hazardous or otherwise) and then disposed of in
a manner that is consistent with the disposal requirements for the
substance. In addition, the manner of disposal must take into account the
material that the package is manufactured from.
D7
Regulations 11,
12
Information requirements
These controls relate to the provision of information concerning disposal
(essentially on the label) that must be provided when selling or supplying
a quantity of a hazardous substance that exceeds the trigger levels as
specified in Schedule 1 of the Disposal Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
Environmental Risk Management Authority Decision: Application HSR02058
Page 38 of 43
Control
Code1
Regulation2
Explanation3
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that should
be avoided i.e. that would not comply with the Disposal Regulations. Such
information must be accessible to a person handling the substance within
10 seconds and must comply with the requirements for comprehensibility,
clarity and durability as described in Regulations 34-36 of the
Identification regulations (code I1).
The trigger quantity for E10 is 1 L.
D8
Regulations 13,
14
Documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in a MSDS) that must be provided when selling or
supplying a quantity of a hazardous substance that exceeds the trigger
levels as specified in Schedule 2 of the Disposal Regulations. Where a
substance triggers more than one hazard classification, the most stringent
quantity generally applies.
The documentation must describe one or more methods of disposal (that
comply with the Disposal Regulations) and describe any precautions that
must be taken. Such documentation must be accessible to a person
handling the substance at a place of work within 10 minutes and must
comply with the requirements for comprehensibility and clarity as
described in Regulations 48(2), (3) and (4) of the Identification
regulations (code I21).
The trigger quantity for E10 is 5 L.
(see also I21 and EM8)
Hazardous Substances (Emergency Management) Regulations 2001
EM1
Regulations 6,
Level 1 emergency management information: General requirements
7, 9 – 11
Regulations 6 & 7 apply to E10 as if the item in Schedule 1 of the
regulations relating to classification 3.1A were omitted and the following
substituted: 3.1A 1 L.
These controls relate to the provision of emergency management
information (essentially on the label) that must be provided with E10
when present in quantities equal to or greater than 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)).
Regulation 11 provides for the option of complying with the information
requirements of the transport rules when the substance is being
transported.
Environmental Risk Management Authority Decision: Application HSR02058
Page 39 of 43
Control
Code1
Regulation2
EM4,
EM6,
EM7
Regulations
8(c), (e) and (f)
Explanation3
Information requirements for E10 substances
The following information must be provided with E10 when present in
quantities equal to or greater than 1 L.
 A description of the material and equipment needed to put out a
fire involving it
 A description of the usual symptoms of toxic exposure
 A description of the first aid to be given
 A 24-hour emergency service telephone number
 a description of the parts of the environment likely to be
immediately affected by it
 a description of its typical effects on those parts of the
environment
 a statement of any immediate actions that may be taken to prevent
the substance from entering or affecting those parts of the
environment.
Emergency management information is strongly recommended to be
included on the labelling of hand-carried containers that may be used
to transport the substance.
EM8
Regulations
12–16, 18–20
Level 2 emergency management information requirements
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to the provision of emergency management
documentation (essentially Material Safety Data Sheets). This
documentation must be provided where hazardous substances are sold or
supplied, or held in a workplace, in quantities equal to or greater than 5
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 the substance is being transported, and regulation
16 specifies requirements for general contents of the documentation.
EM9
Regulation 17
Regulation 18 provides accessibility requirements (documentation to be
available within 5 minutes) and regulation 19 provides requirements for
presentation with respect to comprehensibility and clarity. These
requirements correspond with those relating to documentation required by
the Identification Regulations (code I21).
Extra content for flammable substances
There is an additional requirement for flammable substances that a
description be provided of the steps to be taken to control any fire
involving the substance, including the types of extinguishant to be used.
EM10
Regulations
21 – 24
Fire extinguishers
Every place (including vehicles) where flammable substances are held in a
place of work in quantities exceeding those specified in Schedule 3 of the
Emergency Management Regulations, must have the specified number of
fire extinguishers (either one or two as detailed in Schedule 3) (regulation
21). The intention of these general requirements is to provide sufficient
Environmental Risk Management Authority Decision: Application HSR02058
Page 40 of 43
Control
Code1
Regulation2
Explanation3
fire-fighting capacity to stop a fire spreading and reaching hazardous
substances, rather than providing sufficient capacity to extinguish any
possible fire involving large quantities of hazardous substances.
Each fire extinguisher must be located within 30 m of the substance, or, in
a transportation situation, in or on the vehicle (regulation 22). The
performance measure for an extinguisher is that it must be capable of
extinguishing a fully ignited pool of flammable liquid (50 mm deep and at
least 6 m2 in area), before the extinguisher is exhausted, and when used by
one person (regulation 23).
The number of fire extinguishers specified for E10 is 1 for 50 L, and 2
for 200 L.
Regulation 21 applies to an unattended dispensing station where there is
stored E10 for self service refuelling as if the item in Schedule 3 of the
regulations relating to classification 3.1A was omitted.
EM11
Regulations
25 – 34
For unattended dispensing stations where there is stored E10 for self
service refuelling fire extinguishers are not required
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 E10 is
held (or reasonably likely to be held on occasion) in quantities greater than
1000 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 – 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.
This regulation applies to a place where there is stored:
(c) at a farm of not less than 4 hectares E10, petrol, aviation
gasoline, racing gasoline, kerosene or diesel fuel, stored in
total quantities of less than 2000 L and located so that any
spillage will not endanger any building, or flow into any
stream, lake or natural water: or
(d) E10, petrol, aviation gasoline, racing gasoline, kerosene or
diesel fuel, stored in total quantities of less than 2000 L
contained in a tank wagon or in secure containers, each
individual container with a capacity of less than 250 L,
located so that any spillage will not endanger any building,
or flow into any stream, lake or natural water and where the
proposed or actual duration is for a continuous period of less
than 14 days,
Environmental Risk Management Authority Decision: Application HSR02058
Page 41 of 43
Control
Code1
Regulation2
EM12
Regulations
35 – 41
Explanation3
as if the item in Schedule 4 of the regulations relating to the
classification 3.1A and 9.1B were omitted and the following
substituted:
3.1 A and 9.1B
2000 L
Level 3 emergency management requirements – secondary
containment
These regulations relate to the requirement for a secondary containment
system to be installed at any fixed location where liquid (or liquefiable)
hazardous substances are held in quantities equal to or greater than those
specified in Schedule 4 of the Emergency Management Regulations.
Where a substance triggers more than one hazard classification, the most
stringent quantity generally applies.
The trigger level for E10 is 1000 litres.
Regulation 37 prescribes requirements for places where hazardous
substances are held above ground in containers each holding up to 60 L or
less. Regulation 38 prescribes requirements for places where hazardous
substances are held above ground in containers each holding between 60 L
and 450 L. Regulation 39 prescribes requirements for places where
hazardous substances are held above ground in containers each holding
more than 450 L. Regulation 40 prescribes requirements for places where
hazardous substances are held underground. Regulation 41 prescribes
requirements for secondary containment systems that contain substances
of specific hazard classifications, e.g. there is a requirement to prevent
substances from coming into contact with incompatible materials, and a
requirement to exclude energy sources when class 3 substances are
contained.
Regulation 36 applies as if there were added, after subclause (3),
the following subclauses:
(4) For the purposes of this regulation and regulations 37 to 40,
E10 contained in pipework that is installed and operated so as to manage
any loss of containment in the pipework—
(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 E10 into or out of the stationary container; and
(b) includes a process pipeline or a transfer line.
EM13
Regulation 42
Level 3 emergency management requirements – signage
These controls relates to the provision of emergency management
information on signage at places where hazardous substances are held at
quantities equal to or greater than the quantities specified in Schedule 5 of
the Emergency Management Regulations.
Environmental Risk Management Authority Decision: Application HSR02058
Page 42 of 43
Control
Code1
Regulation2
Explanation3
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.
The trigger quantity for E10 is 250 L.
Hazardous Substances (Personnel Qualification) Regulations 2001
AH1
Regulations 4 – Approved Handler requirements (including test certificate and
6
qualification requirements)
Some (highly) hazardous substances are required to be under the control
of an approved handler during specified parts of the lifecycle. An
approved handler is a person who holds a current test certificate certifying
that they have met the competency requirements specified by the
Personnel Qualification Regulations in relation to handling specific
hazardous substances.
Regulation 4 describes the test certification requirements, regulation 5
describes the qualification (competency and skill) requirements and
regulation 6 describes situations where transitional qualifications for
approved handlers apply.
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where The Hazardous Substances (Tank Wagons and Transportable Containers)
applicable
Regulations 2004 prescribe a number of controls relating to tank wagons
and transportable containers and must be complied with as relevant.
Additional Controls under s77A
Schedules 8, 9 and 10
The controls relating to stationary container systems, secondary
DGTN March 2004
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 by
Supplements to the New Zealand Gazette, 1 October 2004, No. 128, page
3133, 16 December 2005, No. 208, page 5289, 27 June 2006, No. 70, page
1609 and 30 June 2006, No. 76, page 2409), shall apply to this substance,
notwithstanding clause 1(1) of Schedules 8 and 9 and clause 1 of Schedule
10.
Schedule 9, DGTN March For E10, in clause 5(1) (a): “regulations 39 or 40” is replaced by
2004
“regulation 39” and clause 4(3) is omitted.
This means that regulation 40 of the Emergency Management
regulations must be complied with as written. That is, underground tanks
holding E10 must have secondary containment.
Environmental Risk Management Authority Decision: Application HSR02058
Page 43 of 43