Proposal for an EPA Notice for disposal of
hazardous substances
Consultation Document July 2016
2
Disclaimer
The contents of this proposal do not reflect final Environmental Protection Authority (EPA) policy or, to the
extent they may relate to Government decisions yet to be made, final Government policy. Words and details
that form part of the proposal do not necessarily reflect settled terminology and may change in the process of
drafting the final EPA notice. This document does not alter the laws of New Zealand and the EPA does not
accept any responsibility or liability to any person, whether in contract, equity or tort, or any other legal
principle, for any direct or indirect losses or damage arising from reliance on the contents of this document.
How to provide feedback
We would like to hear what you think about the proposal in this document. Please submit your
comments no later than 5:00 PM Monday 22 August 2016.
You can download a submission form from the Environmental Protection Authority website http://www.epa.govt.nz/consultations/hazardous-substances/Pages/Submissions-sought-on-changes-torules-for-disposal-of-hazardous-substances.aspx
The submission form brings together all the proposal components and questions asked throughout the
consultation document in table format. Page references are provided to help you locate the relevant
discussion as necessary.
Completed forms are to be emailed to hsnotices@epa.govt.nz
There are a number of questions in the document. Please consider them all, as they each contribute to the
proposed requirements to be prescribed in the proposed Hazardous Substances (Disposal) Notice.
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Proposal for an EPA Notice for disposal of hazardous substances
Table of Contents
Executive summary ..................................................................................................................... 5
Background .................................................................................................................................. 6
2.1.
EPA notice requirements .................................................................................................... 7
2.2.
Scope of Disposal Notice .................................................................................................... 7
2.2.1.
Other regulatory frameworks (relevant to disposal)............................................. 8
2.3.
Background to Disposal Regulations .................................................................................. 8
2.4.
International best practice ................................................................................................... 9
2.5.
Existing Disposal Regulations ............................................................................................. 9
EPA (Disposal) Notice proposal .............................................................................................. 10
3.1.
General disposal requirements ......................................................................................... 10
3.2.
Overview of Disposal Notice treatment and containment requirements ........................... 11
3.3.
Proposed changes to disposal requirements .................................................................... 16
3.3.1.
Disposal proposal 1: Options for disposal of toxic, corrosive or ecotoxic
hazardous substances by depositing in a landfill .............................................. 16
3.3.2.
Options for disposal of toxic, corrosive or ecotoxic hazardous substances
by discharge into the environment ..................................................................... 20
3.3.3.
Disposal Proposal 2: Interpretation of TEL and EEL clause ............................. 21
3.3.4.
Disposal Proposal 3: Discharge of rapidly degradable substances .................. 22
3.3.5.
Disposal Proposal 4: Discharge of bioaccumulative substances ...................... 23
3.3.6.
Disposal proposal 5: Prohibition on disposal of hazardous substances
that are or contain halogenated organic compounds by low temperature
incineration......................................................................................................... 24
3.3.7.
Changes to requirements for detonating, deflagrating, and burning explosive,
flammable, and oxidising (classes 1, 2, 3, 4, and 5) substances ...................... 27
3.3.8.
Disposal Proposals 6 and 7: Q formula replacement and disposal of
explosives by HSW Regulations ........................................................................ 27
3.3.9.
Disposal Proposal 8: Remove blast overpressure control for flammable
gases and liquids ............................................................................................... 30
3.3.10.
Disposal proposal 9: Require disposal of self-reactive (class 4.1.2)
substances and desensitised explosives (classes 3.2 and 4.1.3) by the
requirements for explosives (class 1 substances) ............................................. 30
3.3.11.
Disposal requirements for compressed gases .................................................. 31
3.3.12.
Disposal requirements for householders’ packaging ......................................... 32
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Proposal for an EPA Notice for disposal of hazardous substances
Benefits and costs of the proposal ......................................................................................... 32
4.1.
Benefits ............................................................................................................................. 32
4.2.
Costs ................................................................................................................................. 34
4.3.
Conclusions ....................................................................................................................... 34
Responding to this consultation document ........................................................................... 35
Appendix A: International Practice .................................................................................................... 37
Appendix B: Glossary of terms and abbreviations .......................................................................... 40
Appendix C: Draft Hazardous Substances (Disposal) Notice ......................................................... 42
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Proposal for an EPA Notice for disposal of hazardous substances
Executive summary
1.
The EPA proposes issuing a Hazardous Substances (Disposal) Notice (the Disposal Notice) that will
set requirements for the disposal of hazardous substances, hazardous substance packaging, and
gases under pressure.
2.
The Disposal Notice will replace the Hazardous Substances (Disposal) Regulations 2001 (the
Disposal Regulations).
3.
We are preparing the Disposal Notice under the EPA’s powers to make EPA Notices, which were
introduced by 2015 amendments to the HSNO Act. EPA Notices create rules that are legally binding,
and can replace many of the regulations made under the HSNO Act.
4.
The key driver for the proposed Disposal Notice is to update and align the disposal requirements with
international best practice and other relevant New Zealand regulation.
5.
This proposal recommends the following approach for shifting the regulation of disposal of hazardous
substances from the Disposal Regulations to the Disposal Notice.
a. Transfer provisions that are currently fit for purpose from the existing Disposal Regulations to the
Disposal Notice without policy changes.
b. Update, revise, and transfer provisions that are out-of-date from the existing Disposal Regulations
to the Disposal Notice.
c.
6.
Provisions that are no longer needed will not be transferred to the notice.
The proposed Disposal Notice will update and revise out-of-date requirements in the current Disposal
Regulations to reflect best international practice. The major changes we propose in the Disposal
Notice are to:
a. allow toxic, corrosive, and ecotoxic (HSNO class 6, 8, and 9) hazardous substances to be
disposed of in a landfill that will isolate and contain the substance
b. prohibit the disposal of hazardous substances that are or contain halogenated organic material by
low temperature incineration (below 850 degrees)
c.
clarify the requirements to ensure that substances, for which the EPA has not set an exposure
limit, are not discharged to the environment without treatment, and are disposed of by another
suitable method
d. require explosives to be detonated according to the proposed Health and Safety at Work
(Hazardous Substances) Regulations 1
1
Exposure draft for HSW Regulations can be accessed online: http://www.mbie.govt.nz/info-services/employment-skills/workplacehealth-and-safety-reform/development-of-regulations-to-support-the-new-health-and-safety-at-work-act/exposure-drafts-of-phase-oneregulations/draft-regulations-for-work-involving-hazardous-substances
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Proposal for an EPA Notice for disposal of hazardous substances
e. replace the quantitative performance measure, involving the Q formula for determining safe levels
of heat exposure for flammable and oxidising substances, with a qualitative measure
f.
do not carry over the requirement from the Disposal Regulations to allow disposal of flammable
gases and liquids (class 2.1.1 and 3.1) by burning subject to blast overpressure2
g. require self-reactive substances and desensitised explosives (classes 4.1.2, 3.2 and 4.1.3) to be
disposed of in the same way as explosives
h. remove the information requirements currently in the Disposal Regulations that will be covered by
other EPA Notices, such as the Hazardous Substances (Safety Data Sheet) Notice and the
Hazardous Substances (Labelling) Notice
i.
clarify that the requirements for the disposal of packaging do not apply to householders or
consumers using a public or commercial waste collection service
j.
clarify the requirements for toxic (class 6) and eco-toxic (class 9) substances that are rapidly
degradable and the products of that degradation are not hazardous
k.
clarify the requirements for class 9.1 substances that is, or contains, a component that is
bioaccumulative and not rapidly degradable.
7.
The proposed Disposal Notice will update requirements currently in the Disposal Regulations taking
into account changes to relevant legislation, regulations, and national standards, including:

National Environmental Standards produced under the Resource Management Act 1991 (RMA)

the HSW (Hazardous Substances) Regulations, and

other EPA Notices under development.
Background
8.
Recent Health and Safety reforms proposed a number of changes to the way hazardous substances
are managed in New Zealand, especially in the workplace.
9.
The Health and Safety in Employment (HSE) Act 1992 has been replaced with a new Health and
Safety at Work (HSW) Act which came into force on 4 April 2016. A number of regulations made
under the HSW Act also commenced at this time, but the HSW Hazardous Substance Regulations will
commence on a later date (at this stage mid-2017). When these latter regulations come into force, the
responsibility for managing hazardous substances in workplaces will move from HSNO to the HSW
legislation.
2
Blast overpressure is a sudden increase of pressure caused by an explosive detonation.
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Proposal for an EPA Notice for disposal of hazardous substances
10.
A number of amendments to the HSNO Act were also made. The HSNO Amendment Act 2015 was
passed into law on 4 September 2015 with some provisions coming into effect the following day. The
remaining provisions will be brought into force by one or more Orders-in-Council (OiC) by no later than
1 January 2018. The issuing of the Disposal Notice will be timed to coincide with the OiC that will
commence the relevant notice-making provisions of the HSNO Amendment Act. The existing Disposal
Regulations will also be revoked at this point.
11.
The HSNO Act amendments replace many of the regulation-making powers in the HSNO Act with
powers for the EPA to issue legally binding notices (EPA notices). EPA notices are approved by the
EPA Board, rather than Cabinet, as is required for regulations. This process allows notices to be
updated more readily than regulations, and be kept up-to-date with international developments and
knowledge.
2.1. EPA notice requirements
12.
Before issuing an EPA notice, the EPA3 must:
 publicly notify its intention to issue the notice
 give interested persons a reasonable time to make submissions on the proposal, and
 consult any persons, representative groups within the hazardous substances industry or
elsewhere, government departments, WorkSafe NZ, and Crown entities that the EPA considers
appropriate.
13.
The EPA must also consider and give any weight that it considers appropriate, to the following:
 the costs and benefits of implementing measures for which the notice is being proposed
 international best practice in respect of hazardous substances management, and
 any other matters that the EPA considers appropriate in the circumstances.
14.
Any resulting EPA notice must be publicly notified, along with a statement describing the consultation
that took place before the notice was made. Public notification will include publication in the
New Zealand Gazette.
2.2. Scope of Disposal Notice
15.
The Disposal Notice applies to all hazardous substances unless the HSNO approval (including group
standard approvals) of the hazardous substance specifies otherwise.
16.
The HSNO Act defines a hazardous substance as any substance that has one or more of the following
properties above specified levels, or which on contact with air or water generates a substance with
one or more of the following properties: explosiveness, flammability, a capacity to oxidise,
corrosiveness, toxicity, or ecotoxicity. The Disposal Notice does not cover hazardous waste products
3
The amended HSNO Act (section 76C) sets out these requirements.
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Proposal for an EPA Notice for disposal of hazardous substances
that do not form part of the lifecycle of HSNO approved hazardous substances, such as sewage or ewaste materials.
17.
For further information on which substances are covered under the HSNO Act, please refer to the EPA
website.4
2.2.1. Other regulatory frameworks (relevant to disposal)
18.
The RMA (section 15) regulates the discharge of contaminants to the environment. Hazardous
substances are a subset of contaminants. No person may discharge a contaminant to water, air or
land unless the discharge is allowed by a national environmental standard, a rule in a regional plan, or
a resource consent. This applies to activities such as disposing of substances in landfills or
incinerating hazardous substances.
19.
The National Environmental Standard (NES) for Air Quality5 regulates discharges of harmful
substances to the air. The National Environmental Standard for Assessing and Managing
Contaminants in Soil to Protect Human Health6 (NESCS) regulates the assessment of and the use of
land that is contaminated.
20.
The current Disposal Regulations effectively set the national standard for disposal of hazardous
substances. Any conditions set in regional plans are in addition to the requirements in the Disposal
Regulations.
21.
The Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 requires a permit from the EPA
to import or export hazardous waste. In addition, the importing country must agree to the import and
the requirement for environmentally sound management of the waste.
22.
Asbestos is regulated under the Health and Safety at Work (Asbestos) Regulations 2016.
2.3. Background to Disposal Regulations
23.
The HSNO Act requires that an assessment of a hazardous substance must consider all of the effects
of the substance during the lifecycle of that substance, including disposal. Before the introduction of
the Disposal Regulations in 2001, the regulatory framework lacked sufficient enforceable requirements
for hazardous substance disposal. The Disposal Regulations were introduced to ensure that
hazardous substances are disposed of safely without harming people or the environment.
4
Refer to the EPA website: How to determine if a substance is hazardous. http://www.epa.govt.nz/hazardous-substances/about/whatis-hs/Pages/default.aspx
5 Resource Management (National Environmental Standard for Air Quality) Regulations 2004, accessed at
http://www.legislation.govt.nz/regulation/public/2004/0309/latest/DLM286835.html?search=ta_regulation_R_rc%40rinf%40rnif_an%40bn
%40rn_25_a&p=3
6 Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human
Health) Regulations 2011, accessed at
http://www.legislation.govt.nz/regulation/public/2011/0361/latest/DLM4052228.html?search=ts_regulation_contaminants_resel&p=1&sr=
1
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Proposal for an EPA Notice for disposal of hazardous substances
24.
Improper disposal of hazardous substances can lead to them entering the environment where they
can adversely affect human health or pollute land and waterways. Past use of hazardous substances,
including activities such as storage and disposal, in industry, agriculture, and horticulture resulted in
contaminated soil. The NESCS was developed to ensure that contaminated soil was regulated across
the country.
25.
The Disposal Regulations introduced a requirement that hazardous substances be treated to remove
the hazardous properties of the substance before it is released into the environment.
2.4. International best practice
26.
The current Disposal Regulations need updating to align with international best practice and regulatory
changes since 2001. International best practice, shaped from guidelines under the Basel Convention,
has developed significantly since 2001. Appendix A: International Practice for Disposal of Hazardous
Substances outlines disposal requirements for Australia, the European Union, and the United States
of America.
27.
The Basel Convention is an international treaty designed to reduce the movement of hazardous waste
between nations and to ensure that hazardous waste is disposed of safely. There are approved
guidelines relating to the disposal of hazardous substances, to help countries comply with the
convention. These guidelines set out best practice for landfills, incineration of waste, and disposal of
specific categories of waste, including persistent organic pollutants (POPs). The changes we propose
making in the disposal notice aligns hazardous substance disposal with these updated guidelines.
2.5. Existing Disposal Regulations
28.
The Disposal Regulations set requirements for how to dispose of hazardous substances. Hazardous
substances are classified by hazardous property, and different disposal requirements are set out for
each hazard property class.
29.
These classes are explosive; flammable gases; flammable liquids; flammable solids; oxidising; toxic to
people; corrosive; and ecotoxic (HSNO classes 1, 2, 3, 4, 5, 6, 8, and 9). If a substance has properties
from more than one class, disposal requirements for each of those classes apply to the substance.
30.
The current Disposal Regulations require hazardous substances to be treated prior to disposal so that
they are no longer hazardous, or exported from New Zealand as waste.
Table A: Summary of existing Disposal Regulations
Type of
Treatment options
substance
Explosives,
flammable, and
oxidising substances
July 2016
Detonation, deflagration, or burning (for explosive and oxidising substances), and burning (for
flammable substances) under the condition that no person is subject to an unsafe level of heat
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Proposal for an EPA Notice for disposal of hazardous substances
Type of
Treatment options
substance
prescribed by the ‘Q Formula’ (a quantitative heat radiation measure) or the blast overpressure
prescribed; OR
Oxidising substances can be deposited into a landfill if they will not come into contact with
explosive or flammable substances. Certain classes of flammable substances can be
deposited into a landfill if they will not come into contact with explosive or oxidising substances;
OR
Export from New Zealand as waste.
Treatment, including in a landfill, incinerator, or sewage facility, to render the substance no
longer hazardous; OR
Toxic, ecotoxic, and
corrosive substances
Discharge to the environment, if after reasonable mixing, the concentration of the substance in
an environmental medium does not exceed the exposure limit set; OR
Export from New Zealand as waste.
Packages
Required to be disposed of in accordance with requirements for the class of substance it
contained.
Information
requirements
A person must provide information (on labels and safety data sheets) on the appropriate
method of disposal. Applies to manufacturers, importers, and suppliers.
EPA (Disposal) Notice proposal
31.
We propose replacing the Disposal Regulations with an EPA notice called the Hazardous Substances
(Disposal) Notice. The Disposal Notice will include:
 requirements currently outlined in the Disposal Regulations that are considered fit for purpose in a
substantially similar form, and
 updated and revised requirements from the current regulations in line with international best
practice and modern regulation.
32.
There are requirements currently in the Disposal Regulations that we do not propose to transfer to the
Notice. The information requirements set out in the Disposal Regulations will not be transferred to the
Disposal Notice, as these will be addressed in EPA Notices for Safety Data Sheets and Labelling.
3.1. General disposal requirements
33.
We propose general disposal requirements to either treat the substance before disposal so it is no
longer hazardous; contain the substance after disposal so it does not enter the environment; or export
the substance as waste.
34.
We propose these requirements as they will ensure that hazardous substances can be disposed of
safely without risking harm to the environment or human health:
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Proposal for an EPA Notice for disposal of hazardous substances

Treatment: As it is difficult to control a substance once it enters the environment it is important
that the hazardous properties be removed before disposal, so that the substance does not
pose a risk to human health or the environment when released.

Containment: some substances cannot be treated to render them no longer hazardous before
disposal. Containing these substances prevents them from entering the environment.

Export: some substances can only be safely disposed of overseas. These must be exported in
accordance with the Basel Convention, which ensures that the export is undertaken safely in
line with international best practice. In addition, the EPA controls export of hazardous
substances through the Imports and Exports (Restrictions) Act 1988, to ensure that any export
is subject to environmentally sound management and the receiving country agrees to the waste
being managed in its territory.
3.2. Overview of Disposal Notice treatment and containment requirements
35.
Each class of hazardous substances has different treatment and containment requirements. The table
below outlines the proposed treatment and containment requirements by class, and the differences
between the proposed Disposal Notice and the existing Disposal Regulations.
36.
Note that the option of disposing of substances by exporting as waste has not been included in the
table as this option is the same in the both the Notice and Regulations.
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Proposal for an EPA Notice for disposal of hazardous substances
Table B: Outline of proposed requirements for Disposal Notice and comparison to existing Disposal Regulations
Disposal Regulations requirements
Proposed Disposal Notice requirements
Relevant section of
consultation paper
Explosive (class 1) substances can be treated by detonating
or deflagrating the substance in accordance with the HSW
(Hazardous Substances) Regulations 2016.
Section 3.3.4: Changes to
requirements for detonating,
deflagration, and burning
explosive, flammable, and
oxidising (classes 1, 2, 3, 4,
and 5) substances
Explosive substances
Explosive substances can be treated by detonating, deflagrating, or
burning the substance, so that no one person is exposed to an unsafe
level of heat as determined by the ‘Q Formula’ or 0.2kPa blast
overpressure.
Flammable and oxidising substances
Flammable (Class 2, 3, and 4) substances can be burned, and oxidising
substances can be detonated, deflagrated, or burned, if this is managed
so that no person is subject to more than 9kPa blast overpressure, or
an unsafe level of heat as determined by the ‘Q Formula’.
Flammable (class 2, 3, and 4) substances can be burned, and
oxidising (class 5) substances can be detonated, deflagrated,
or burned, if this is managed so that no person is subject to
more than 9kPa blast overpressure, or an unsafe level of heat
exposure that may harm a person.
Flammable gases and liquids are not subject to blast
overpressure control.
Self reactive substances and desensitised explosives (class
4.1.2, 3.2, and 4.1.3) must be disposed of through the
requirements for explosives.
Flammable substances in the classes – flammable gases (2.1.1),
aerosols (2.1.2), liquids (3.1), and readily combustible (4.1.1)
substances – can be deposited in a landfill if they will not come into
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The Disposal Regulations requirements are carried over to the
Disposal Notice without change.
Section 3.3.4: Changes to
requirements for detonating,
deflagration, and burning
explosive, flammable, and
oxidising (classes 1, 2, 3, 4,
and 5) substances.
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Proposal for an EPA Notice for disposal of hazardous substances
Disposal Regulations requirements
Proposed Disposal Notice requirements
Relevant section of
consultation paper
Toxic, corrosive, and ecotoxic (class 6, 8, and 9) substances
can be treated to render them no longer hazardous7 by a
means other than dilution, including by depositing the
substance in an incinerator or sewage facility.
Section 3.3.2: Prohibit low
contact with oxidising or explosive substances.
Oxidising (class 5) substances can be deposited in a landfill if they will
not come into contact with explosive or flammable substances.
In addition, there must be no ignition source in the vicinity of the
disposal site capable of igniting the substance; and were the substance
to ignite, no person, or place where a person may legally be, can be
exposed to more than 9kPa blast overpressure or a level of heat
determined by the Q Formula.
Toxic, ecotoxic, and corrosive substances
Toxic, corrosive, and ecotoxic substances can be deposited into an
incinerator, or sewage facility, if the facility treats the substance to
render it no longer hazardous.
Toxic, corrosive, and ecotoxic substances can be deposited into a
landfill, if the landfill treats the substance to render it no longer
hazardous.
substances containing
Note that substances that are, or contain, halogenated organic
material cannot be incinerated at a low temperature (below
850 degrees Celsius).
halogenated organic materials
Toxic, corrosive, and ecotoxic substances can be deposited
into a landfill, provided that:
Section 3.3.1: Options for
disposal of toxic, corrosive, or
ecotoxic hazardous
substances by depositing into
a landfill.

The substance has been treated to render it no longer
hazardous before deposition onto the landfill; or
7
Non-hazardous is defined as the substance not triggering any threshold that defines a substance as hazardous under the HSNO Act.
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temperature incineration of
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Proposal for an EPA Notice for disposal of hazardous substances
Disposal Regulations requirements
Proposed Disposal Notice requirements

Relevant section of
consultation paper
The substance will be contained in the landfill until
chemical change and decay renders it no longer
hazardous; or

The landfill will isolate and contain the substance (and
leachate containing the substance) to prevent it from
entering the environment.
If the EPA has set an exposure limit for the substance, the
Toxic, ecotoxic, and corrosive substances can be discharged to the
environment if, after mixing in an environmental medium, the exposure
limit is not exceeded.
Toxic and corrosive substances can be discharged into the environment
if they are rapidly degradable8 and the products of degradation are not
hazardous.
substance can be discharged to the environment, provided
Section 3.3.3: Options for
that exposure limit is not exceeded.
disposal of toxic, corrosive, or
Toxic and corrosive substances can be discharged into the
ecotoxic hazardous
environment if they are rapidly degradable9 and the products
substances by discharge into
of degradation are not hazardous, provided a TEL has not
the environment
been set for the substance.
A Class 9.1 substance that contains a component that is
bioaccumulative and not rapidly degradable can be disposed of by
treatment before discharge into the environment to reduce the
percentage by volume to 1 percent.
8
A Class 9.1 substance that contains a component that is
bioaccumulative and not rapidly degradable can be disposed
of by treating the substance using a method that renders the
substance no longer hazardous, and removes any component
that is bioaccumulative and not rapidly degradable.
See Appendix B: Glossary of relevant terms for definition of rapidly biodegradable.
July 2016
Section 3.3.3: Options for
disposal of toxic, corrosive, or
ecotoxic hazardous
substances by discharge into
the environment
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Proposal for an EPA Notice for disposal of hazardous substances
Disposal Regulations requirements
Proposed Disposal Notice requirements
Packages that contained a hazardous substance, and were in direct
contact with a hazardous substance, must be disposed of in
accordance with the requirements for that substance.
We propose carrying this requirement over without change.
No equivalent requirement.
No equivalent requirement.
July 2016
Relevant section of
consultation paper
The notice will clarify that packaging (that may or may not
contain any residual substance) that is lawfully disposed of by
householders or other consumers through a public or
commercial waste collection service is a means of compliance
with the requirements above.
Section 3.3.6 Disposal
requirements for householders’
packaging
No compressed gas, contained in a cylinder, can be disposed
of into a landfill.
Section 3.3.5: Disposal
requirements for compressed
gases
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Proposal for an EPA Notice for disposal of hazardous substances
3.3. Proposed changes to disposal requirements
3.3.1. Disposal proposal 1: Options for disposal of toxic, corrosive or
ecotoxic hazardous substances by depositing in a landfill
Disposal proposal 1
Part 1: Amend the options for depositing a toxic, corrosive or ecotoxic (class 6, 8, or 9)
substance in a landfill to include:
a. Treating the substance so it is no longer hazardous before depositing the substance in a
landfill; or
b. Depositing the substance into a landfill, if the landfill will contain the substance until
chemical change renders the substance non-hazardous; or
c.
Depositing the hazardous substance into a landfill that will isolate and contain the
substance (including leachate containing the substance) and prevent it from entering the
environment beyond the landfill.
Problem definition
37.
Depositing a substance in a landfill is a method of treatment for toxic, corrosive, and ecotoxic (class 6,
8, and 9) substances in the Disposal Regulations, provided the landfill treats the substance to render it
no longer hazardous. However, the current wording (below) does not cover, for example, disposal into
a landfill that isolates and contains the substance, rather than rendering it non-hazardous.
Current requirement:
Treating the substance includes depositing the substance in a landfill, if the landfill will treat the
substance by changing the characteristics or composition of the substance so that it is no longer a
hazardous substance.
38.
Three ways of disposing of a hazardous substance into a landfill are used under current landfill
practice:
a. Pre-treatment: treating a substance to render it no longer hazardous before it is deposited into a
landfill.
b. Change in landfill: In some cases, substances can be deposited into the landfill without prior
treatment, as decay and chemical change within the landfill will change the characteristics to
render it no longer hazardous.
c.
Containment: In other cases, the landfill merely isolates and contains the substance so it does not
cause harm; the substance is not treated in this case.
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Proposal for an EPA Notice for disposal of hazardous substances
39.
The current wording of the Disposal Regulations provides an option to dispose hazardous substances
into a landfill that treats the substance so that it is no longer hazardous. However, it does not provide
for an option to dispose of substances into a landfill that will isolate and contain the substance.
40.
It is important to include the containment option to allow safe disposal of substances that cannot be
treated to render them completely non-hazardous, for example some heavy metals. These substances
must be deposited into a landfill with sufficient controls to isolate and contain the substance, and
prevent the substance from entering the environment.
41.
The wording in the current Disposal Regulations for how the deposition of flammable and oxidising
substances into a landfill must be managed is sufficient, as it is clear from the wording that disposal in
a landfill involves containment and isolation, rather than treatment. The risk of depositing these
substances into a landfill is managed by measures to prevent these substances exploding or burning.
Regulatory framework for the disposal of hazardous substances into landfills
42.
Some regulatory requirements for the disposal of hazardous waste into landfills are set under the
Resource Management Act 1991 (RMA). Landfills have RMA consent-specific conditions that specify
which hazardous substances, if any, can be disposed of at the landfill.
Councils can take into account the Ministry for the Environment’s Hazardous Waste Guidelines:
43.
Landfill Acceptance Criteria and Landfill Classification (Landfill Guidelines) in issuing consents.
10
These guidelines outline criteria for classifying landfills into ‘Class A’ and ‘Class B’, and have the
following recommendations:

Class A landfills can receive hazardous waste, as they are sited in areas that reduce the
potential for adverse environmental effects, and have systems designed to collect landfill
leachate and landfill gas.

Class B landfills have limited systems designed to collect landfill leachate or gases, and may
be in areas that pose a risk to the environment. 11 Hazardous substances may be appropriate
for disposal in Class B landfills if the landfill operator is confident that the leachate from the
waste will not exceed the leachate concentrations specified in the guidelines. Resource
consents from regional councils dictate the types of hazardous substances that can be
deposited into Class B landfills, and monitoring is required.
44.
Plans made under the RMA should not duplicate requirements set under the HSNO Act (including
those in the Disposal Notice). Under section 142 of the HSNO Act, the HSNO Act requirements will
apply, but more stringent requirements may also be set under the RMA.
10
Ministry for the Environment, 2004, Module 2 – Hazardous waste guidelines: Landfill waste acceptance criteria and landfill
classification, http://www.mfe.govt.nz/publications/waste/module-2-%E2%80%93-hazardous-waste-guidelines-landfill-wasteacceptance-criteria-and-3
11
ibid
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Proposal for an EPA Notice for disposal of hazardous substances
Proposed notice provisions
45.
The proposed Disposal Notice will clarify the original intent of the Disposal Regulations and will align
the notice with current landfill practice. This provides for the following options for disposal of toxic,
corrosive or ecotoxic (class 6, 8, or 9) substances in a landfill:
a. Pre-treatment: treating the substance so it is no longer hazardous prior to depositing it in a
landfill; or
b. Landfill treatment: depositing the substance into a landfill, if the landfill will contain the substance
until chemical change renders the substance non-hazardous; or
c.
Containment: depositing the hazardous substance into a landfill that will isolate and contain the
substance (including leachate containing the substance) and prevent it from entering the
environment beyond the landfill.
46.
The containment option prescribes the performance standard to be met, which is that the hazardous
substance must be contained within the landfill and not enter the environment. Guidance on how to
meet this outcome is available in the Ministry for the Environment Landfill Guidelines, accessible on
the Ministry for the Environment website
Rationale
47.
The proposed notice provides for an additional option to dispose of hazardous substances into a
landfill that can isolate and contain the substance. The current Disposal Regulations only provide for
disposal into a landfill if the landfill can treat the substance to render it non-hazardous.
48.
This additional option is needed as the hazardous properties of some substances cannot always be
removed, either before disposal, or within a landfill. Containing the substance within the landfill will
prevent hazardous contaminants leaching into the environment and contaminating soil, air, and
groundwater.
Benefits and costs
49.
The key benefit of the proposal is that the clarification of wording regarding the landfill disposal options
(treatment, change in landfill, and containment) offers increased certainty to users of landfills and
landfill operators on available methods of disposal.
50.
There are no extra costs resulting from the proposals in this notice, as the notice is providing an
additional disposal option over the Disposal Regulations.
Alternative options considered
51.
During the development of this proposal to allow disposal in a landfill which will isolate and contain the
substance, we also considered three alternative options:
a. Option One: Require that hazardous substances can only be contained in Class A landfills.
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b. Option Two: Prescribe that hazardous substances can only be disposed of at landfills that have
prescribed methods of containment.
c.
Option Three: Status Quo – carry forward wording in Disposal Regulations without changes.
Option One: Class A as the minimum containment standard
52.
We considered prescribing Class A landfills as the standard for a landfill that could isolate and contain
hazardous substances, as Class A landfills are best practice landfills.
53.
There are currently 24 Class A landfills in New Zealand. However, there are only six in the South
Island, and none on the West Coast of the South Island or in Dunedin. Requiring disposal in Class A
landfills may prove difficult in areas where access to these landfills is limited. However, we note that
hazardous substances can be collected at transfer stations and sent to a suitable landfill.
Option Two: Prescribe criteria for nature of disposal place
54.
We considered for the containment method of disposal that substances could only be disposed of at
landfills with best practice controls and systems for isolation and containment. This includes a
leachate management system, liner, storm water capture and control, and requiring documentation of
hazardous substances received.
55.
However, we considered that prescribing the outcome for the landfill to contain the substance was a
better approach, as this provides flexibility for landfill operators on how to meet the performance
standard. In addition, the Ministry for the Environment Landfill Guidelines provides guidance on how to
meet the performance standard.
Option Three: Status Quo – carry forward wording in Disposal Regulations without changes
56.
One option is to carry forward the wording in the Disposal Regulations without changes. We do not
propose this option. An additional disposal option is appropriate to reflect current practice, and provide
a disposal option for substances that cannot be treated to render them no longer hazardous before
landfill disposal.
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Proposal for an EPA Notice for disposal of hazardous substances
Question 1
Do you agree with the three proposed options for disposal of toxic, corrosive or ecotoxic (class 6, 8, or
9) substances into a landfill:
a. Treating the substance so it is no longer hazardous before depositing the substance in a landfill; or
b. Depositing the substance into a landfill, if the landfill will contain the substance until chemical
change renders the substance non-hazardous; or
c. Depositing the hazardous substance into a landfill that will isolate and contain the substance
(including leachate containing the substance) and prevent it from entering the environment beyond
the landfill.
Question 2
Do you consider there should be a hierarchy of these three proposed disposal options, i.e. specifically
in the order as listed above?
Question 3
What impact would these proposals have on the disposal of household hazardous substances?
Question 4
Do you consider that a transition period for the landfill requirements proposed would be useful? If so,
how long would you recommend?
3.3.2. Options for disposal of toxic, corrosive or ecotoxic hazardous
substances by discharge into the environment
57.
There are three provisions in the current Disposal Regulations relating to the disposal of toxic,
corrosive, or ecotoxic substances by discharge into the environment that we are proposing to clarify
and / or change. These provisions cover:

Discharge into the environment of class 6, 8 or 9 substances provided that, after reasonable
mixing, any exposure limit12 (tolerable exposure limit (TEL) or Environmental exposure limit
(EEL)) set for the substance is not exceeded (existing regs 8 (1)(b) and 9(1)(b). Refer Disposal
Proposal 2 below.

Discharge into the environment of class 6 or 8 substances that are rapidly degradable, and the
products of degradation are not hazardous substances (existing reg 8 (4)). Refer Disposal
Proposal 3 below.

Discharge into the environment of class 9.1 substances that are, or contain a component that
is, bioaccumulative and not rapidly degradable (existing reg 9 (3)). Refer Disposal Proposal 4
below.
12
Exposure limits establish the maximum concentration of a substance allowed in an environmental medium to ensure
that people and environment are protected.
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3.3.3. Disposal Proposal 2: Interpretation of TEL and EEL clause
Disposal proposal 2
Clarify the requirements for TELs and EELs to ensure that:
a. If the EPA has set a TEL or EEL for a substance, the substance can be disposed of:
i.
By discharging the substance into the environment within these exposure
limits; or
ii.
By one of the other methods (treatment or export) referred to in Section 3.2:
Overview of Disposal Notice treatment and containment requirements.
b. If the EPA has not set a TEL or EEL for a substance, the substance cannot be disposed
of by discharging into the environment unless it is rapidly degradable, but can only be
disposed of by one of the other methods (treatment or export) referred to in Section 3.2:
Overview of Disposal Notice treatment and containment requirements.
Problem definition
58.
The EPA can set exposure limits for toxic (class 6) substances through TELs and for ecotoxic (class 9)
substances through EELs. These exposure limits establish the maximum concentration of a substance
that is legally allowable in a particular environmental medium. A substance can be discharged to the
environment, if after reasonable mixing, the concentration does not exceed the exposure limit set by
the EPA.
59.
The EPA has not set TELs and EELs for all toxic and eco-toxic substances. The wording of the
Disposal Regulations is not clear in regard to what the requirements are if no exposure limit has been
set. There are two interpretations:
a. If the EPA has not set an exposure limit for the substance, it cannot be discharged into the
environment, and must be treated through other methods prescribed; or
b. if the EPA has not set an exposure limit for the substance, the relevant regulations do not apply
(regs 8 (1)(b) and 9(1)(b)), so the substance can therefore be discharged directly into the
environment without treatment.
60.
The EPA has always applied interpretation (a), which is the intent of the Disposal Regulations.
Interpretation (b) is counterintuitive to the management of risk, as it could lead to adverse
environmental outcomes. Hence, it is necessary to clarify the wording so that the intended policy intent
is achieved.
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Proposal for an EPA Notice for disposal of hazardous substances
Proposed notice and rationale
61.
The proposed notice will clarify the original intent of the Disposal Regulations, which is that if the EPA
has set a TEL or EEL for a substance, the substance can be disposed of:
a. By discharging the substance into the environment provided any exposure limits set for the
substance are not exceeded after reasonable mixing; or
b. By one of the other methods (treatment or export) referred to in Section 3.2: Overview of Disposal
Notice treatment and containment requirements.
62.
If the EPA has not set a TEL or EEL for a substance, the substance may be disposed of by
discharging into the environment only if it is rapidly degradable and the products of degradation are
not hazardous (see proposal 3).
63.
This will clarify the original intent of the regulations, and reduce the likelihood that hazardous
substances will be disposed of incorrectly.
Question 5
Do you agree that the TEL and EEL requirements should be clarified as stated above?
3.3.4. Disposal Proposal 3: Discharge of rapidly degradable substances
Disposal proposal 3
Propose that a class 6 or 8 hazardous substance (other than one where a TEL has been set) can be
discharged into the environment if the substance is rapidly degradable and the products of
degradation are not hazardous.
For substances where a TEL has been set, the substance can only be discharged into the
environment provided that, after reasonable mixing, the concentration in the substance in an
environmental medium does not exceed any TEL set for the substance.
Note that other disposal methods are also applicable (refer clause 9 of the Draft Disposal Notice).
Problem definition
64.
The current Disposal Regulations allow the discharge of a class 6 or 8 substance into the
environment, if that substance is rapidly degradable and the products of that degradation are not
hazardous. This provision applies regardless of whether or not a TEL has been set by the EPA (refer
clause 8(4) of Disposal Regulations). We consider that this provision is too permissive. Any discharge
of a substance for which a TEL has been set must comply with that TEL, regardless of whether the
substance is rapidly degradable.
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Proposal for an EPA Notice for disposal of hazardous substances
Proposed notice provision
65.
We propose to clarify that this provision only applies to substances for which a TEL has not been set.
For substances where a TEL has been set, the substance can only be discharged into the
environment provided that, after reasonable mixing, the concentration of the substance in an
environmental medium does not exceed any TEL set for the substance.
Rationale
66.
As many TELs have been set for highly hazardous substances, such as vertebrate toxic agents and
fumigants, they must be complied with to ensure no person is harmed, regardless of whether the
substance is rapidly degradable.
67.
However, where TELs have not been set, this proposal would allow the discharge of large quantities of
hazardous substances. This has potential for harm and is arguably too permissive.
Question 6
Do you consider that hazardous substances that are rapidly degradable, and where the products
of that degradation are not hazardous, should be able to be discharged into the environment?
Question 7
Do you agree that any discharge of a substance that is rapidly degradable must comply with any
TEL set for that substance?
3.3.5. Disposal Proposal 4: Discharge of bioaccumulative substances
Disposal proposal 4
Propose that a class 9.1 substance that is, or contains a component that is, bioaccumulative and
not rapidly degradable can only be disposed of by:

export from NZ as waste; or

depositing in a contained landfill; or

treating the substance using a method that renders the substance no longer hazardous,
and removes any component that is bioaccumulative and not rapidly degradable.
Problem definition
68.
Under the current Disposal Regulations, a class 9.1 substance (refer to Disposal Regulations 9(3))
that contains a component that is bioaccumulative and not rapidly degradable can be disposed of by:

treatment before discharge into the environment to reduce the percentage by volume of the
substance in the discharge to 1% or a lesser percentage set by the EPA.
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Proposal for an EPA Notice for disposal of hazardous substances
69.
Dilution is not allowed by regulation 9(2)(b) of the Disposal Regulations, which we are carrying over to
the Disposal Notice.
70.
This provision allows large quantities of bioaccumulative and not rapidly degradable substances to be
discharged into the environment where the volume of discharge is large. This could lead to a
significant burden and adverse effects on the environment, due to these intrinsic properties of
substances. This is not considered to be appropriate.
71.
To safely dispose of the substance it must be exported, contained, or treated to render it no longer
bioaccumulative and not rapidly degradable.
Proposed notice provision for proposal 4
72.
We propose not to carry over regulation 9(3) regarding treatment to reduce the percentage by volume
of the substance in the discharge to below 1 percent. Instead, we propose to allow class 9.1
substances that are, or contain a component that is, bioaccumulative and not rapidly degradable to
only be disposed of by:
a. export from NZ as waste
b. depositing in a contained landfill
c. treating the substance using a method that renders the substance no longer hazardous, and
removes any component that is bioaccumulative and not rapidly degradable.
Question 8
Do you agree with the proposed changes to the provision relating to discharge into the environment of
class 9.1 substances that are bioaccumulative and not readily degradable?
3.3.6. Disposal proposal 5: Prohibition on disposal of hazardous
substances that are or contain halogenated organic compounds by
low temperature incineration
Disposal proposal 5
Prohibit disposal by low temperature incineration (below 850 degrees Celsius) of hazardous
substances that are halogenated organic compounds, or contain halogenated organic
compounds.
Problem definition
73.
Incineration is a treatment method that permanently destroys many of the hazardous characteristics of
waste substances through heat exposure.
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Proposal for an EPA Notice for disposal of hazardous substances
74.
Low temperature incineration (below 850 degrees Celsius) is not suitable for hazardous substances
that are or contain halogenated organic materials. Low temperature incineration of these substances
results in toxic by-products, such as dioxins, which have serious human health effects. High
temperature incineration is required to destroy these hazardous wastes without producing dioxins.
75.
The Resource Management Act prohibits the operation of high temperature (over 850 degrees
Celsius) hazardous waste incinerators with some exceptions (refer “regulatory framework for the
incineration of hazardous waste”, below).
76.
Given the potential for harm arising from low-temperature incineration, we have considered whether
these hazardous substances should be allowed to be treated using low-temperature incineration.
Regulatory framework for the incineration of hazardous waste
77.
The regulatory framework for the high temperature incineration of hazardous waste is provided
through the Resource Management (National Environmental Standards for Air Quality) Regulations
2004. The NES prohibits the operation of any new high temperature hazardous waste incinerator,
operated for the principle purpose of the destruction of hazardous wastes.
78.
The NES exempt crematoria and three specified incinerators from this requirement, two of which have
since closed. The NES does not apply to incinerators converting municipal waste to energy, or the
vitrification of sewage sludge.13
79.
Regional councils regulate the incineration of hazardous wastes at a low temperature (below 850
degrees Celsius) in regional plans. Requirements in regional plans vary, but most plans require
consent to incinerate hazardous wastes.
Proposed notice provisions
80.
We propose prohibiting low temperature incineration (below 850 degrees Celsius) of hazardous
substances that are or contain halogenated organic materials.
81.
We are considering what threshold (if any) of the amount of halogenated organic compound in the
hazardous substance to apply to this provision, and whether a transitional period is necessary.
Alternative Disposal Options
82.
Alternative disposal options are available for hazardous substances containing halogenated organic
materials which are safer than incinerating the substance at a low temperature, and have less impact
on the environment. These include containment in a landfill, and export as waste (refer to section 3.2:
Overview of Disposal Notice treatment and containment requirements).
Ministry for the Environment, 2011 Users’ Guide to the revised National Environmental Standards for Air Quality, p.17,
accessed at http://www.mfe.govt.nz/sites/default/files/2011-user-guide-nes-air-quality.pdf .
13
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Proposal for an EPA Notice for disposal of hazardous substances
Rationale
83.
The incineration disposal option requires the substance to be rendered no longer hazardous.
Incinerating substances containing halogenated organic materials at a low temperature, while it can
destroy the original substance, it can also create more hazardous substances as dioxins are released
during the incineration. This is not compliant with the intent and wording of the current Disposal
Regulations.
Benefits
84.
We note that low temperature incineration of halogenated organic material is a practice that causes
dioxin emissions which cause serious health effects such as cancer, birth defects, and reproductive
and developmental problems.
85.
The proposal creates a consistent national standard, as current requirements for low temperature
incineration of halogenated organic compounds are set by region.
86.
This proposal would also contribute to New Zealand’s alignment with its international obligations.
Under the Stockholm Convention on Persistent Organic Pollutants 14, New Zealand is committed to
reducing dioxin emissions.
Costs
87.
We do not anticipate major costs from this proposal, as many regional plans impose restrictions on the
incineration of hazardous substances containing halogenated organic materials. For example, the
Regional Plan: Air for Otago prohibits the discharge of contaminants into air from the burning of
chlorinated organic chemicals, including of dioxins. 15 This proposal would make requirements
consistent nationwide.
Question 9
Do you consider it necessary to provide a threshold of the amount of halogenated organic
compound in the hazardous substance to apply to this provision? If so, why?
Question 10
Do you consider that a transitional period is necessary? If so, why and what term would you
recommend?
14
UNEP, 2004, Stockholm Convention on Persistent Organic Pollutants, accessed at
http://www.pops.int/documents/convtext/convtext_en.pdf
15 Otago Regional Council, Regional Plan: Air for Otago, accessed at
http://www.orc.govt.nz/Documents/Publications/Regional/Air/Regional%20Plan%20Air%20for%20Otago%20%20Updated%20to%201%20January%202009%20%5bwithout%20maps%5d.pdf
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3.3.7. Changes to requirements for detonating, deflagrating, and burning
explosive, flammable, and oxidising (classes 1, 2, 3, 4, and 5)
substances
88.
There are four provisions in the current Disposal Regulations relating to the disposal of explosive,
flammable, and oxidising substances by detonation, deflagration and burning that we are proposing to
change. These provisions cover:
a. Requirements for disposal of explosive substances by detonation and deflagration (proposal 6).
b. The measure of heat radiation for disposal of flammable and oxidising substances by detonation,
deflagration, and burning (proposal 7).
c.
Blast overpressure requirements for disposal of flammable and oxidising substances (proposal 8)
d. Disposal requirements for self-reactive substances and desensitised explosives (proposal 9).
3.3.8. Disposal Proposals 6 and 7: Q formula replacement and disposal
of explosives by HSW Regulations
Disposal proposal 6

Require disposal of explosives to be undertaken in accordance with regulation 9.27, 9.28, and
9.29 of the HSW (Hazardous Substances) Regulations.
Disposal proposal 7

Replace the Q Formula with a qualitative measure for flammable and oxidising substances.
Problem definition
89.
The “Q formula” measures the amount of heat radiation a person can safely be exposed to for a set
time. The Disposal Regulations allow for the burning, deflagration, and detonation of substances as a
treatment option if no person is exposed to more heat radiation than the safe level calculated by the Q
Formula. The Q Formula is set out below.
The Q Formula
Q = 1.7 + 60t ^ (-0.9)
Q = heat radiation measured in kilowatts per square metre
T = time of exposure measured in seconds
90.
To calculate the Q formula, you must enter the likely duration of exposure to heat in seconds. This
calculates the amount of heat radiation a person will be exposed to for that time.
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How does the Q Formula work?
91.
A substance emits heat radiation when it is deflagrated, detonated, or burned. A person standing a
specified distance from the substance can withstand the heat for a defined time. This time is
dependent upon the level of heat radiation that the person is experiencing. The higher the level of heat
radiation, the shorter the time the person can withstand the heat. Therefore, the Q formula will
prescribe a shorter time period for which the person can be exposed to the heat if the substance gives
off more heat radiation.
Problems with the Q Formula
92.
The Q Formula is difficult to use because it does not provide the distance at which a person can be
from the detonation, deflagration, or burning of the substance.
Regulatory framework
93.
The proposed HSW Hazardous Substances Regulations include requirements for managing the
effects of intended detonation or deflagration. These requirements include an updated version of the Q
Formula that determines a safe distance that any person can be from a substance being detonated or
deflagrated. We do not propose the existing Q formula be carried forward into the Disposal Notice
because it is inconsistent with the HSW (Hazardous Substances) Regulations.
Proposed notice provision
94.
The following is proposed to address the above issues:

Proposal 6: Align regulation of disposal of explosives (class 1 substances) with regulation 9.27,
9.28, and 9.29 of the HSW (Hazardous Substances) Regulations through requiring any person
disposing of a substance by detonation or deflagration or burning to comply with those regulations.

Proposal 7: Replace the Q Formula in the requirements for flammable and oxidising (class 2, 3, 4
and 5) substances with a qualitative measure of heat radiation.
Rationale
Proposal 6: Aligning regulation of detonation and deflagration of explosives (class 1 substances)
with regulation 9.27, 9.28, and 9.29 of the HSW (Hazardous Substances) Regulations
95.
Explosive (class 1) substances can only be disposed of safely if done in a workplace by a qualified
person, so we propose to align disposal with the HSW (Hazardous Substances) Regulations. This
ensures that the same process is required under both regulatory systems.
96.
The current Hazardous Substances (Classes 1 to 5 Controls) Regulations 200116 place controls on the
use of explosive substances. All explosive substances, with a few exceptions, such as fireworks and
16
These regulations are being transferred to the new HSW (Hazardous Substances) Regulations
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ammunition in small quantities, must be under the control of an approved handler in a workplace. This
requires disposal of these substances to be undertaken in a workplace.
97.
The HSW (Hazardous Substances) Regulations requirements for intended detonation and deflagration
seek to ensure that no person will be harmed by detonating the substance. Those regulations contain
a formula that calculates the safe distance a person can be from an explosion, based on the quantity
and strength of the explosive substance.
Proposal 7: Replace the Q Formula in the requirements for flammable and oxidising substances with
a qualitative measure of heat radiation
98.
As the Q Formula is difficult to calculate and enforce compliance with, we consider that a qualitative
measure of heat radiation is more suitable:

No person, or place where a person legally may be, can be exposed to an unsafe level of heat
that may harm a person.
99.
This will simplify requirements for those disposing of hazardous substances.
Benefits
100. Requiring explosives (class 1 substances) to be detonated or deflagrated in line with the HSW
(Hazardous Substances) Regulations will align requirements so that the same process is followed
under each set of regulations. The alternative formula to be contained within the HSW (Hazardous
Substances) Regulations will be easier to use than the existing formula, and those people incinerating
hazardous substances will have the data needed to calculate the formula.
101. In addition, a qualitative measure of determining heat radiation for flammable and oxidising
substances will simplify the requirements, and facilitate compliance with the Notice.
Costs
102. The EPA has not identified any increased costs for this proposal.
Question 11
Do you agree that all persons should be required to detonate and deflagrate explosives in accordance with
the HSW (Hazardous Substances) Regulations?
Question 12
Do you agree that the Q Formula should be replaced by a qualitative measure of heat radiation?
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3.3.9. Disposal Proposal 8: Remove blast overpressure control for
flammable gases and liquids
Disposal proposal 8
Remove blast overpressure control for flammable gases and liquids.
Problem definition
103. Flammable gases and flammable liquids (class 2.1.1 and 3.1 substances) do not have properties
similar to an explosive (class 1) substances, so do not need to be subject to blast overpressure
control, as blast overpressure is a sudden increase of shock waves caused by an explosive
detonation.
Proposed notice and rationale
104. We propose to remove the blast overpressure control for flammable gases and liquids, as protection
from unacceptable levels of heat radiation is an appropriate control measure.
Question 13
Do you agree to remove the blast overpressure control for flammable liquids and gases (class 3.1
and 2.1.1 substances)?
3.3.10. Disposal proposal 9: Require disposal of self-reactive
(class 4.1.2) substances and desensitised explosives (classes 3.2
and 4.1.3) by the requirements for explosives (class 1 substances)
Disposal proposal 9
Require disposal of self-reactive (class 4.1.2) substances and desensitised explosives (classes
3.2 and 4.1.3) to be undertaken in accordance with the requirements for explosives (class 1
substances)
Problem definition
105. Self-reactive substances and liquid desensitised explosives (classes 4.1.2 and 3.2 and 4.1.3
substances) can have similar properties to explosive substances. Desensitised explosives are diluted
or dissolved to suppress their explosive properties. However, these may become explosive under
certain circumstances. Self-reactive substances and mixtures are thermally unstable substances
which, when heated, may cause an explosion or a fire.
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Proposal for an EPA Notice for disposal of hazardous substances
Proposed notice and rationale
106. To reduce the risk of harm to the person disposing of the substance, these substances must be
disposed of according to the requirements for explosive substances. This proposal will ensure that a
qualified person will undertake the disposal of the substance in a workplace.
Question 14
Do you agree that the disposal of self-reactive substances and desensitised explosives (class
4.1.2 and 3.2 and 4.1.3 substances) should be undertaken in accordance the requirements for the
disposal of explosives?
3.3.11. Disposal requirements for compressed gases
Disposal proposal 10
No compressed gas, contained in a cylinder, can be disposed of into a landfill
Proposed notice provision
107. We propose prohibiting compressed gas, contained in a cylinder, from being disposed of to a landfill.
The terms compressed gas and cylinder are defined in the HSW (Hazardous Substances)
Regulations.
Rationale
108. Depositing compressed gas, contained in a cylinder, can risk exposure of hazard posed by
compressed gas to people if the cylinder is damaged. For instance if the cylinder decays, or if the
cylinder is punctured, this could result in the gas venting and potentially causing harm.
Question 15
Do you agree that compressed gas, contained in a cylinder, should not be disposed of into a
landfill?
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3.3.12. Disposal requirements for householders’ packaging
Disposal proposal 11
We propose clarifying that the Disposal Notice does not apply to the disposal of
householders’ packaging
Proposed notice provision
109. The notice will clarify that the requirements for the disposal of packaging under the notice will not
apply to householders or other consumers who supply packaging to a public or commercial waste
collection service for disposal.
Rationale
110. This provision was included in the group standards and is part of the consolidation of controls into
EPA Notices. The basis for this provision is that it is considered that small volumes of hazardous
substances disposed of domestically would be diluted by non-hazardous household waste, such that
the household’s waste stream would not exceed the hazardous property threshold. Further, it is
unlikely that domestic waste will contain highly hazardous substances, as these are restricted to
workplace use.
Benefits and costs of the proposal
111. The following outlines our qualitative assessment of the benefits and costs of the Disposal Notice
proposal, to New Zealanders overall and directly affected businesses.
4.1. Benefits
Benefits to the general public
112. The key benefits to the general public include:
a. Prohibiting low temperature incineration of substances containing halogenated organic materials;
a practice that results in dioxin emissions.
b. Requiring detonation and deflagration of explosives to be undertaken in a workplace prevents an
unqualified person from undertaking this disposal method, and potentially injuring members of the
public or causing damage.
Benefits to industry
113. The key benefits to industry from the proposals are clarifying the requirements for disposal of
hazardous substances. This will allow industry to more easily comply with the regulatory framework for
disposal. These include:
a. Providing an additional option for hazardous substances to be disposed of at landfills with
containment and isolation methods. This is particularly important for hazardous substances that
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cannot be treated before disposal to render them no longer hazardous, or substances that do not
readily decay within the landfill.
b. Clarifying the requirement that substances cannot be discharged to the environment without
treatment if no exposure limit is set. Industry will have a clearer idea of how to comply with key
requirements
c.
Having the same requirements for detonation and deflagration of explosives under both the HSW
(Hazardous Substances) Regulations and the Disposal Notice. This will reduce compliance costs
for businesses through there being similar regulatory requirements.
Benefits to government
114. The proposed changes to the notice will help achieve New Zealand’s environmental goals, better align
New Zealand with best practice recommended under international conventions, and better align
different regulations. The benefits include:
a. The proposed change to incineration requirements will align the Disposal Notice with
recommendations in the Basel Convention technical guidelines, and contribute towards achieving
our commitments under the Stockholm Convention.
b. The proposed change to require explosives to be detonated or deflagrated in a workplace aligns
the Disposal Notice requirements with the HSW (Hazardous Substances) Regulations.
c.
A key benefit of shifting the regulation of disposal of hazardous substances into a notice is that it
enables requirements to be updated more readily so that they keep in line with best practice. The
EPA can issue notices more readily than regulations can be made, and keep the notices up to
date with national and international developments and knowledge. If technology improves, or the
Basel Convention technical guidelines are updated, we can readily update the Disposal Notice to
align with these changes. Substance approvals and group standards that incorporate the
requirements of the Disposal Notice by reference will also be able to be readily updated to refer to
new versions of the Disposal Notice.
Benefits to the environment
115. The key benefits to the environment come from the proposed improved requirements regarding
landfills, incineration, and EELs. These benefits include:
a. Clarifying that if an EEL is not set for a substance, it cannot be discharged to the environment and
must be disposed of by another method, will reduce the likelihood of harmful substances being
discharged and contaminating the environment.
b. Introducing the containment option for landfills ensures that substances, which cannot be treated
to render them no longer hazardous, are disposed of into landfills that isolate and contain the
substance. This will reduce the risk of substances entering the environment, contaminating water
supplies, and therefore harming people.
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c.
Prohibiting low temperature incineration of substances containing halogenated organic materials,
as this practice causes dioxin emissions.
4.2. Costs
Costs to the general public
116.
We have not identified significant costs to the general public from these proposals.
Costs to the industry
117. We have not identified significant costs to industry from these proposals. However, some regions may
not have landfills with sufficient controls to isolate and contain hazardous substances. Nevertheless,
most of these regions should have transfer stations where hazardous substances can be collected
and sent to an acceptable landfill for disposal.
Costs to government
118. Costs may be incurred if the government decides to build more landfills with the proposed isolation
and containment controls.
119. There may be increased costs if greater quantities of hazardous substances are deposited at transfer
stations.
Costs to the environment
120. We have not identified significant costs to the environment from these proposals.
4.3. Conclusions
121. We consider that the benefits of the proposals outweigh the costs. The notice will update disposal
requirements in line with best practice, mitigating risks to the environment and human health from
disposal of hazardous substances.
122. We note the following conclusions for the major proposals:
a. Landfill containment proposal: The benefits from containing substances so they do not enter the
environment will outweigh the costs of having to transport substances to a landfill suitable for
containment.
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b. Incineration proposal: we consider that the alternative disposal options for substances that are or
contain halogenated organic material are safer and have less impact on the environment.
Question 16
Do you consider that the benefits of these proposals will outweigh the costs?
Responding to this consultation document
123. We seek your views on the proposals presented in this consultation document to issue an EPA
(Disposal) Notice under the HSNO Act. Your feedback is important, as it will enable us to make
decisions on the proposal to issue this notice. Please take this opportunity to have your say.
124. Please submit your comments no later than 5:00 PM 22 August 2016.
125. You can download a submission form from our website here.
126. The submission form brings together all the proposal components and questions asked throughout the
consultation document in table format. Page references are provided to help you locate the relevant
discussion as necessary.
127. Completed forms are to be emailed to hsnotices@epa.govt.nz .
Or mailed to EPA Private Bag 63002, Waterloo Quay, Wellington 6140.
128. Please consider all the questions in the document, as they each contribute to the proposed disposal
requirements for the EPA (Disposal) Notice.
Posting and release of information
129. We may post all or parts of any written submission on our website at www.epa.govt.nz. Making a
submission implies that you consent to such publication, unless you clearly specify otherwise in your
submission.
130. The content of submissions may be subject to public release under the Official Information Act 1982
following requests to the EPA. Please clearly indicate if you have any objection to the release of any
information contained in your submission, and in particular which part(s) you consider should be
withheld, together with the reason(s) for withholding the information. We will take into account all such
objections when responding to requests for copies and information on submissions to this document
under the Official Information Act 1982.
131. At the close of the consultation period, we will review and analyse the submissions received and
prepare a summary. This summary will be available to all submitters and placed on our website.
Privacy
132. The Privacy Act 1993 establishes certain principles with respect to the collection, use, and disclosure
of information about individuals by various agencies, including the EPA. It governs access by
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individuals to information about themselves held by agencies. Any personal information you supply in
the course of making a submission will be used only in conjunction with the matters covered by this
document. Please clearly indicate in your submission if you do not wish your name to be included in
any summary of submissions that the EPA may publish.
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Appendix A: International Practice
United States of America
133. The Land Disposal Restrictions (LDR) programme, under the Resource Conservation Recovery Act
(RCRA), outlines the standards for disposal of hazardous wastes 17. The LDR programme requires
wastes to be properly treated prior to land disposal to eliminate hazardous components.
134. The LDR programme ensures that toxic constituents present in hazardous waste are properly treated
before hazardous waste is land disposed.
135. Hazardous wastes are categorised by hazardous substance property, such as ignitability or
corrosivity, and maximum concentration limits for each category are set. The hazardous waste must
be treated by a method prescribed in the regulations so that the hazardous constituents in the waste
are at or below the values in the table before the waste is disposed in a landfill.
136. Landfill design standards require a double liner, leachate collection and removal systems, leak
detection system, and run-on, run-off and wind dispersal controls.
Australia
137. State governments regulate the disposal of hazardous substances in Australia. The hazardous
substances disposal systems of New South Wales and Victoria are outlined below.
138. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 implements Australia’s
commitment to the Basel Convention.
New South Wales
139. The New South Wales Environmental Protection Authority (NSW EPA) regulates hazardous chemicals
through the Environmentally Hazardous Chemicals Act 1985 (EHC Act).
18
140. The NSW EPA sets controls on hazardous substance activities through Chemical Control Orders
(CCO), which require that certain activities be subject to particular licence conditions. The NSW EPA
can make orders in relation to single substances, groups of substances, and particular waste streams.
Victoria
141. The Environmental Protection (Industrial Waste Resource) Regulations 2009 regulate the disposal of
hazardous waste, defined as ‘prescribed industrial waste’ 19. The Regulations categorise wastes by
17
United States Environmental Protection Agency, 2001, Land Disposal Restrictions: Summary of Requirements,
http://www3.epa.gov/epawaste/hazard/tsd/ldr/ldr-sum.pdf
18 NSW EPA, 2013, Chemicals management, accessed at http://www.epa.nsw.gov.au/pesticides/chemicalmgt.htm .
19 Legislation VIC, Environment Protection (Industrial Waste Resource) Regulations 2009, accessed at
http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/64699A473AD57
F7BCA2575E500198723/$FILE/09-077sr.pdf
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levels of contaminant concentration in the Solid Industrial Waste Thresholds, outlined in the Industrial
Waste Resource Guidelines.20
142. Category A wastes are dangerous goods, and include explosive, flammable, combustible, oxidising,
toxic, or corrosive wastes. Category A wastes are banned from landfill and require treatment before
disposal. Category B and C wastes, separated by the level of contaminant concentration, can be
accepted at best practice landfills that have EPA approval to accept such waste.
European Union
143. The following directives regulate disposal of hazardous substances in the European Union.
The directive (2008/98/EC) on waste
144. The directive on waste establishes the legislative framework for the handling of waste. This directive
outlines requirements of the management of waste, and defines key concepts.
145. The directive requires member states to take the necessary measures to ensure that waste is
disposed of without harm to human health or the environment. This includes permitting, registration
and inspection requirements.
146. Member states are required to create waste management plans with measures for the disposal of
waste, which should take into account any special arrangements for hazardous waste. The United
Kingdom, for example, has implemented the directive on waste through the Waste (England and
Wales) (Amendment) Regulations 2012 and the National Policy Statement for Hazardous Waste.
The council directive (1993/31/EC) on the landfill of waste
147. This directive outlines different categories of landfills, and specifies which class of waste should be
disposed of at which category of landfill. The directive requires all wastes to be treated before being
landfilled, and hazardous waste to be disposed of at a landfill designed to receive hazardous wastes.
In addition, these requirements apply:
a. Landfills must be sited at a suitable location
b. Appropriate measures must be taken to prevent surface water and ground water from entering into
the landfilled waste
c.
Contaminated water and leachate must be collected
d. The landfill must be designed to prevent pollution of soil, groundwater or surface water; and
e. Liquid waste, flammable waste, and explosive or oxidising waste cannot be accepted.
20
EPA Victoria, 2009, Solid industrial waste hazard categorisation and management,
http://www.epa.vic.gov.au/~/media/publications/iwrg631.pdf
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The directive (2000/76/EC) on the incineration of waste
148. The Waste Incineration Directive sets standards and requirements in order to minimise harm to human
health and the environment from the incineration of waste. The Directive sets emission limits, the
minimum temperature for incineration (850 degrees Celsius), and requires the operator to have
information covering the hazardous characteristics of the waste and precautions to be taken in
handling the waste.
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Appendix B: Glossary of terms and abbreviations
Note that the following terms and abbreviations are included to provide clarity to the requirements associated
with the proposed EPA (Disposal) Notice. They do not necessarily represent the wording that will be used in
the legally drafted notice.
BCF means bioconcentration factor, being the steady state concentration of a substance in an aquatic
organism divided by the concentration of the substance in the surrounding water.
Bioaccumulative, in relation to a substance, means the substance has a BCF greater than or equal to 500
or, if BCF data is not available, a log Kow greater than or equal to 4; and, for the purposes of this definition,
measured log Kow values take precedence over estimated values
Discharge into the environment—
(a) includes release from a treatment facility, incinerator, landfill, or sewage facility; but
(b) does not include depositing or discharge into a treatment facility, incinerator, landfill, or sewage facility
Environmental exposure limit means the limit set by the EPA on the concentration of a substance (or any
element or compound making up the substance) with ecotoxic properties in an environmental medium.
Environmental medium
(a) in relation to toxic or corrosive substances, means—
(i) air, water, and soil; or
(ii) a surface that a hazardous substance may be deposited onto:
(b) in relation to ecotoxic substances, means water, soil, or sediment where these are in the natural
environment, or a surface that a hazardous substance may be deposited onto
Ignition source
(a) means any agency or agent (including any item, product, part of a facility structure, or piece of
equipment) capable of igniting a flammable gas, vapour, or other form of combustible substance; and
(b) includes a fire, flame, or spark, or anything capable of producing a fire, flame, or spark
HSW: the Health and Safety at Work Act 2015. [This Act replaces the Health and Safety in Employment Act
1992. The new Act is based on the Australian Model Work Health and Safety Act, with modifications to take
account of differences in the New Zealand context.]
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Landfill means a waste disposal site used for the controlled deposition of substances onto or into land.
Package means a substance and the packaging in which it is contained.
Rapidly degradable, in relation to a substance in water, means that—
(a) 28 days after a solution containing the substance is inoculated with micro-organisms, there is at least—
(i) a 70% reduction in dissolved organic carbon in the solution; or
(ii) a 60% depletion of oxygen in the solution, when compared with the maximum depletion of oxygen
that would occur if the substance were completely degraded; or
(iii) a 60% generation of carbon dioxide in the solution, when compared with the maximum generation of
carbon dioxide that would occur if the substance were completely degraded; or
(b) if only COD and BOD5 data is available, the ratio of BOD5 to COD is greater than or equal to 0.5:1; or
21
(c) at least 70% of the substance can be degraded biotically or abiotically, in the aquatic environment within
28 days
Sewage facility—
(a) means a facility or equipment designed to treat sewage; and
(b) includes any pipework and reticulation system connected to the facility or equipment
Tolerable exposure limit - means the limit set by the EPA on the concentration of a substance (or any
element or compound making up the substance) with toxic properties in an environmental medium.
21
Definitions of BOD and COD can be found in schedule 6 regulation 1 of the Hazardous Substances (Minimum
Degrees of Hazard) Regulations 2001, available here.
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Appendix C: Draft Hazardous Substances (Disposal) Notice
Hazardous Substances (Disposal) Notice
DRAFT FOR CONSULTATION
This notice is issued by the Environmental Protection Authority (the Authority) under sections 75, 76(1)(c),
(f), (g), and (h) of the Hazardous Substances and New Organisms Act 1996 (the Act). It is issued in
accordance with section 76C of the Act, having had regard to the matters specified in section 76C(2).
Note: it is intended that these sections of the Act will be in force at the time the notice is made.
Table of Contents
Objective of notice ............................................................................................................................... 43
Further information about EPA notices ............................................................................................ 43
Part A General ...................................................................................................................................... 44
1
Title ............................................................................................................................................. 44
2
Commencement......................................................................................................................... 44
3
Application ................................................................................................................................. 44
4
Definitions .................................................................................................................................. 45
5
References to class ................................................................................................................... 46
Part B Disposal requirements for hazardous substances .............................................................. 47
6
Disposal requirements for class 1 and certain class 3 and 4 substances .......................... 47
7
Disposal requirements for certain class 2, 3, and 4 substances ......................................... 47
8
Disposal requirements for class 5 substances ...................................................................... 48
9
Disposal requirements for class 6 and 8 substances ........................................................... 48
10
Disposal requirements for class 9 substances ...................................................................... 49
11
Prohibition on incineration of halogenated organic compounds ........................................ 50
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12
Disposal requirements for packages ...................................................................................... 50
13
Disposal requirements for compressed gas in gas containers ........................................... 51
Objective of notice
This notice will improve the efficient and effective management of disposal of hazardous substances in New
Zealand.
Further information about EPA notices
EPA notices are tertiary instruments that are administered by the Authority. They are subject to the
Legislation Act 2012 (the Legislation Act) and are classed as disallowable instruments. This means that the
notice must be tabled in the House of Representatives and the House of Representatives may, by resolution,
disallow the notice. The Regulations Review Committee is the select committee responsible for considering
instruments such as this notice under the Legislation Act.
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Part A General
1
Title
This is the Hazardous Substances (Disposal) Notice.
2
Commencement
This notice comes into force 28 days after the date of its notification in the New Zealand Gazette.
3
Application
(1)
This notice applies to persons who dispose of —
(2)
(a)
a hazardous substance; or
(b)
packaging that has been in direct contact with a hazardous substance; or
(c)
compressed gas that is in a gas container.
This notice does not apply to fuel gas supplied or used in a distribution system, gas appliance, or gas
installation.
(3)
In this clause, fuel gas —
(a)
means any fuel that is supplied through pipes or in containers and is a gas at a temperature of
15° C and an absolute pressure of 101.325 kPa; and
(b)
includes—
(i) biogas, coal gas, natural gas, oil gas, producer gas, refinery gas, reformed natural gas, and
liquefied petroleum gas:
(ii) any gaseous substance that the Governor-General declares by Order in Council to be a gas
for the purposes of the Gas Act 1992:
(iii) any gas that is of a composition that complies with regulations made under the Gas Act
1992 for use as a fuel.
(4)
In this clause, distribution system, gas appliance, and gas installation have the same meaning as
in the Gas Act 1992.
(5)
The provisions of this notice apply subject to—
(a)
any variation of these requirements in an approval, made in accordance with sections 77, 77A
or 77B of the Act; and
(b)
the provisions a group standard issued under Part 6A of the Act, to the extent that the group
standard has effect in accordance with section 97E of the Act.
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4
Definitions
(1)
In this notice, unless the context otherwise requires —
Act means the Hazardous Substances and New Organisms Act
BCF means bioconcentration factor, being the steady state concentration of a substance in an aquatic
organism divided by the concentration of the substance in the surrounding water
BOD5 means 5-day biochemical oxygen demand, being the mass of oxygen consumed by microorganisms during oxidation of the substance in water over a period of 5 days, expressed in units of
milligrams of oxygen consumed per milligram of the substance
bioaccumulative, in relation to a substance, means the substance has a BCF greater than or equal to
500 or, if BCF data is not available, a log K greater than or equal to 4, and, for the purposes of this
definition, measured log K values take precedence over estimated values
COD means chemical oxygen demand, being the equivalent mass of oxygen from an oxidising agent,
of a strength at least equal to the oxidising strength of potassium permanganate or potassium
dichromate, that is consumed during oxidation of the substance in water, expressed in units of
milligrams of oxygen consumed per milligram of the substance
container has the same meaning as in the Hazardous Substances (Packaging) Notice
discharge into the environment —
includes release from a treatment facility, incinerator, landfill, or sewage facility; but
does not include deposit or discharge into or onto a treatment facility, incinerator, landfill, or
sewage facility
environmental exposure limit has the same meaning as in 77B of the Act
environmental medium —
(a)
(b)
in relation to class 6 substances, means —
(i)
air, water, and soil; or
(ii)
a surface that a hazardous substance may be deposited onto;
in relation to class 9 substances, means water, soil, or sediment where these are in the natural
environment, or a surface that a hazardous substance may be deposited onto
gas has the same meaning as in the Hazardous Substances (Classification) Notice.
gas container has the same meaning as in the Health and Safety at Work (Hazardous Substances)
Regulations 2016
ignition source —
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(c)
means any agency or agent (including any item, product, part of a facility structure, or piece of
equipment) capable of igniting a flammable gas, vapour, or other form of combustible
substance; and
(d)
includes a fire, flame, or spark, or anything capable of producing a fire, flame, or spark
packaging means any receptacle or container and any other material in which a substance may be
encased, covered, enclosed, contained or packed, which performs part of the containment function
rapidly degradable, in relation to a substance in water, means that —
(a)
28 days after a solution containing the substance is inoculated with micro-organisms, there is at
least—
(i) a 70% reduction in dissolved organic carbon in the solution; or
(ii) a 60% depletion of oxygen in the solution, when compared with the maximum depletion of
oxygen that would occur if the substance were completely degraded; or
(iii) (iii) a 60% generation of carbon dioxide in the solution, when compared with the maximum
generation of carbon dioxide that would occur if the substance were completely degraded; or
(b)
if only COD and BOD5 data is available, the ratio of BOD5 to COD is greater than or equal to
0.5:1; or
(c)
at least 70% of the substance can be degraded biotically or abiotically, in the aquatic
environment within 28 days
sewage facility —
(d)
means a facility or equipment designed to treat sewage; and
(e)
includes any pipework and reticulation system connected to the facility or equipment
tolerable exposure limit has the same meaning as in section 77B of the Act
(2)
Any term of expression that is defined in the Act and used, but not defined, in this notice has the same
meaning as in the Act.
5
References to class
A reference in this notice to a class, in relation to a hazardous substance, means the applicable
class under the classification system set out in the Hazardous Substances (Classification) Notice.
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Part B Disposal requirements for hazardous substances
6
(1)
Disposal requirements for class 1 and certain class 3 and 4
substances
A person must dispose of a class 1, 3.2, 4.1.2, or 4.1.3 substance by —
(a)
treating the substance using a method that changes the characteristics or composition of the
substance so that the substance is no longer a hazardous substance; or
(b)
(2)
exporting the substance from New Zealand as waste.
For the purposes of subclause (1), treating a substance does not include —
depositing the substance into or onto a landfill or a sewage facility:
detonation or deflagration of a substance unless it is carried out in the course of a business or
undertaking, and in accordance with the Health and Safety at Work (Hazardous Substances)
Regulations.
7
(1)
Disposal requirements for certain class 2, 3, and 4 substances
A person must dispose of a class 2, 3.1, 4.1.1, 4.2 or 4.3 substance by —
treating the substance using a method that changes the characteristics or composition of the
substance so that the substance is no longer a hazardous substance; or
exporting the substance from New Zealand as waste; or
discharging it into the environment in accordance with subclause (3).
(2)
For the purposes of subclause (1)(a), treating the substance —
includes —
(i) for class 2 and 3.1 substances, burning the substance if the burning is managed to ensure
that no person, or place where a person may legally be, is exposed to an unsafe level of
heat radiation:
(ii) for any other substance to which this clause applies, burning the substance if the burning is
managed to ensure that no person, or place where a person may legally be, is exposed to—
(A) a blast overpressure of more than 9 kPa; or
(B) an unsafe level of heat radiation:
(iii) depositing the substance in a landfill in accordance with subclause (3); but
does not include depositing it in a sewage facility.
(3)
A class 2.1.1, 2.1.1, 3.1 or 4.1.1 substance may be discharged into the environment as waste or
deposited in a landfill if —
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(a)
the substance will not at any time come into contact with class 1 or class 5 substances; and
(b)
there will be no ignition source in the vicinity of the disposal site at any time that is capable of
igniting the substance; and
(c)
if the substance were to ignite, no person, or place where a person may legally be, would be
exposed to an unsafe level of heat radiation.
8
Disposal requirements for class 5 substances
(1)
A person must dispose of a class 5 substance by —
treating the substance using a method that changes the characteristics or composition of the
substance so that the substance is no longer a hazardous substance; or
exporting the substance from New Zealand as waste.
(2)
For the purposes of subclause (1)(a), treating the substance —
includes depositing it into or onto a landfill if —
(i) the substance will not at any time come into contact with explosive or flammable
substances; and
(ii) there will be no ignition source in the vicinity of the disposal site at any time that is capable
of igniting the substance; and
(iii) if the substance were to ignite, no person, or place where a person may legally be, would be
exposed to more than 9 kPa blast overpressure or an unsafe level of heat radiation; but
does not include —
(i) depositing the substance into a sewage facility:
(ii) detonation, deflagration, or controlled combustion of the substance unless it is managed to
ensure that no person, or place where a person may legally be, is exposed to a blast
overpressure of more than 9 kPa, or an unsafe level of heat radiation.
9
Disposal requirements for class 6 and 8 substances
(1)
A person must dispose of a class 6 or 8 substance by —
treating the substance using a method that changes the characteristics or composition of the
substance so that the substance is no longer a hazardous substance; or
in a case where the EPA has set a tolerable exposure limit has for that substance (or a
component of that substance), discharging the substance into the environment if, after
reasonable mixing, the concentration of the substance in an environmental medium does not
exceed the tolerable exposure limit; or
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in a case where the EPA has not set a tolerabe exposure limit for that substance (or a
component of that substance), discharging it into the environment if the substance is rapidly
degradable and the products of degradation are not hazardous substances; or
exporting the substance from New Zealand as waste.
(2)
For the purposes of subclause (1)(a), treating the substance —
includes —
(i) depositing the substance into or onto a landfill if —
(A) the landfill will contain the substance until it decomposes into a substance that is no
longer a hazardous substance; or
(B) the substance is treated beforehand so that the substance is no longer a hazardous
substance; or
(C) the landfill will isolate and contain the substance in accordance with clause 14:
(ii) unless clause 11 applies, incinerating the substance, if the incinerator will treat the
substance by changing the characteristics or composition of the substance so that the
substance is no longer a hazardous substance:
(iii) depositing the substance in a sewage facility, if the sewage facility will treat the substance
by changing the characteristics or composition of the substance so that the substance is no
longer a hazardous substance; but
does not include diluting the substance with any other substance before discharge to the
environment.
10 Disposal requirements for class 9 substances
(1)
A person must dispose of a class 9 substance —
(a)
by treating the substance using a method that —
(i) changes the characteristics or composition of the substance so that the substance is no
longer a hazardous substance; and
(ii) in applicable cases, meets the requirements of subclause (2).
(b)
if an environmental exposure limit has been set by the EPA, by discharging the substance into
the environment in accordance with subclause (3); or
(c)
(2)
by exporting the substance from New Zealand as waste.
A class 9.1 substance that is or contains a component that is bioaccumulative and not rapidly
degradable must, unless it is isolated and contained in a landfill in accordance with subclause
(4)(a)(i)(C), be treated using a method that removes any component that is bioaccumulative and not
rapidly degradable.
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(3)
In a case where the EPA has set an environmental exposure limit for the substance and the substance
is discharged into the environment, the discharge must not, after reasonable mixing, result in the
concentration of the substance in an environmental medium exceeding the environmental exposure
limit.
(4)
For the purposes of subclause (1)(a), treating the substance —
includes —
(i) depositing the substance into or onto a landfill if —
(A) the landfill will contain the substance until it decomposes into a substance that is no
longer a hazardous substance; or
(B) the substance is treated beforehand so that the substance is no longer a hazardous
substance; or
(C) the landfill will isolate and contain the substance (including leachate containing the
substance) so as to prevent it from entering the environment beyond the landfill:
(ii) incinerating the substance, if the incinerator will treat the substance by changing the
characteristics or composition of the substance so that the substance is no longer a
hazardous substance:
(iii) depositing the substance in a sewage facility, if the sewage facility will treat the substance
by changing the characteristics or composition of the substance so that the substance is no
longer a hazardous substance; but
does not include diluting the substance with any other substance before discharge into the
environment.
11 Prohibition on incineration of halogenated organic compounds
A person must not dispose of a hazardous substance that is or contains halogenated organic
compounds by incineration below 850°C.
12 Disposal requirements for packages that have been in direct
contact with hazardous substances
(1)
This clause applies to a person who disposes of a package that —
has contained a hazardous substance; and
has been in direct contact with the hazardous substance; and
is no longer to be used to contain the hazardous substance.
(2)
The person must ensure that the package —
July 2016
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Proposal for an EPA Notice for disposal of hazardous substances
(a)
is rendered incapable of containing any substance; and
(b)
is disposed of in a manner that —
(i) is consistent with the requirements for disposal of the substance it contained; and
(ii) takes into account the material the package is manufactured from.
(3)
However, subclause (2) does not apply in relation to a package that has contained —
a class 1, 2, 3, 4, or 5 substance if the package has been treated to remove any residual
contents of the hazardous substance; or
a class 6, 8, or 9 substance, if the package has been treated so that the residual contents of the
package are below the threshold for the substance to be classified as hazardous under the
Hazardous Substances (Classification) Notice.
(4)
For the avoidance of doubt,—
(i)
this clause does not apply to a householder or consumer who supplies a package to a public or
commercial waste collection service, for disposal; and
(ii)
packages that comply with subclause (3) may be reused or recycled.
13 Disposal requirements for compressed gas in gas containers
A person must not dispose of compressed gas that is in a gas container into or onto a landfill.
July 2016