decision · 2019. 4. 6. · 3 decision on application for approval to import or manufacture...

DECISION

www.epa.govt.nz

13 July 2016

Summary

Substance Name Permethrin RTU

Application code APP202839

Application type To import or manufacture for release any hazardous substance under

Section 28 of the Hazardous Substances and New Organisms Act

1996 (“the Act”)

Application sub-type Section 28A(2)(c) – rapid reduced hazard – formulated so that one or

more hazardous properties has a lesser degree of hazard than a

substance that has been approved under the Act

Applicant Kiwicare Corporation Limited

Purpose of the application To import or manufacture Permethrin RTU containing 0.4%

permethrin to control, after contact, a wide range of crawling and

flying insect pests in and around domestic houses

Date application received 30 June 2016

Consideration date 13 July 2016

Considered by The Chief Executive1 of the Environmental Protection Authority (“the

EPA”)

Decision Approved with controls

Approval code HSR101157

Hazard classifications 6.9B (oral – single exposure), 6.9B (oral – repeated exposure), 6.9B

(inhalation), 9.1A, 9.4B

1 The Chief Executive of the EPA has made the decision on this application under delegated authority in accordance with section 19 of the Act.

2

Decision on application for approval to import or manufacture Permethrin RTU for release (APP202839)

July 2016

1. Background

1.1. Permethrin RTU is a liquid ready to use substance containing permethrin as the active ingredient,

plus other components. It is intended for use as insecticide by non-professionals for the control of a

wide range of crawling and flying insect and spider pests in and around domestic houses and other

buildings by spraying in areas where pests would be found.

2. Process and consultation

Application receipt

2.1. The application was formally received on 30 June 2016 under section 28 of the Act.

Information available for consideration

2.2. The information available for the consideration comprised:

the application form

confidential appendices to the application

the EPA staff advice memorandum.

2.3. I consider that I have sufficient information to assess the application.

Notification to government entities

2.4 In line with section 53(4) of the Act, the following government entities were notified of the application

on 30 June 2016: WorkSafe New Zealand, the Ministry of Health and the Department of

Conservation. No comments were received.

Legislative criteria for the application

2.5 This application meets the criteria for rapid assessment under section 28A(2)(c) of the Act, as I

consider that a substance having a greater degree of hazard has been approved. I refer to this as

the reference substance.

2.6. In considering this application, I took into account the relevant sections of the Act, the Hazardous

Substances Regulations and the Hazardous Substances and New Organisms (Methodology) Order

1998.

3. Hazardous properties, prescribed controls and exposure limits

3.1 The hazard classifications of Permethrin RTU were determined based on the information provided by

the applicant and other available information. The hazard classifications are shown in Table 1

alongside those of the reference substance.

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3.2 I note that Permethrin RTU has a reduced hazard profile than the reference substance. This is

because:

the reference substance contains components that are not present in Permethrin RTU, and;

the concentrations of major hazardous components are reduced in Permethrin RTU compared to

the reference substance.

Table 1: Hazard classifications of Permethrin RTU and the reference substance

Hazard Permethrin RTU Reference Substance

Acute toxicity (oral) - 6.1E

Acute toxicity (aspiration) - 6.1E

Skin irritancy - 6.3B

Eye corrosivity - 8.3A

Target organ toxicity (oral – single

exposure) 6.9B 6.9B

Target organ toxicity (oral – repeated

exposure) 6.9B 6.9B

Target organ toxicity (inhalation) 6.9B 6.9B

Aquatic ecotoxicity 9.1A 9.1A

Terrestrial vertebrate ecotoxicity - 9.3C

Terrestrial invertebrate ecotoxicity 9.4B 9.4B

Prescribed controls

3.3 The hazard classifications of Permethrin RTU determine a set of prescribed controls specified by the

Hazardous Substances Regulations under the Act.

3.4 The prescribed controls set the baseline for how the substance will be managed and include

specifications on how the substance is to be packaged, labelled, stored, disposed of and, to a limited

extent, how it is transported, handled and used. The prescribed controls also set requirements for

safety data sheets, signage and emergency management. These controls form the basis of the

controls specified in Appendix A.

Exposure limits

3.5 Control T1 allows the EPA to set ADE (Acceptable daily exposure), PDE (Potential daily exposure)

and TEL (Tolerable exposure limit) values. I consider that exposure to this substance is not likely to

result in an appreciable toxic effect to people, and therefore the criteria for setting an ADE under

section 11(1)(c) of the Hazardous Substances (Classes 6, 8 and 9) Regulations 2001 was not met.

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As a result, no ADE value has been set under control T1 at this time. As no ADE has been set then

no PDE or TEL is able to be set at this stage.

3.6 I have adopted Workspace Exposure Standards WES values as set by WorkSafe New Zealand for

the T2 control.2

3.7 Section 77B of the Act permits the EPA to set exposure limits for the substance or any element or

compound making up the substance. I have not set any exposure limits under section 77B of the Act

at this time.

4. Risk and benefit assessment

Assessment of risks to human health and the environment

4.1 The risk assessment takes into account the prescribed controls, the additional controls applied to the

reference substance and other legislation such as the Land Transport Rule 45001, Civil Aviation Act

1990 and Maritime Transport Act 1994.

4.2 The risk assessment:

considers the risks posed by Permethrin RTU

determines whether the risks are outweighed by the benefits

determines whether any variations or additions to the prescribed controls are required to

manage the risks of this substance, and identifies controls that may not be applicable or

necessary that can, therefore, be deleted.

4.3 The risks associated with Permethrin RTU arise from its hazardous properties and its proposed use

pattern. These risks are less than those posed by the reference substance, and the suite of controls

applied to the reference substance (including any modifications and deletions) can be applied to

Permethrin RTU to equally mitigate its risks to human health and the environment, so that these are

negligible.

Assessment of risks to Māori and their relationship to the environment

Kupu arataki (Context)

4.4 The potential effects of Permethrin RTU on the relationship of Māori to the environment have been

assessed in accordance with sections 5(b), 6(d) and 8 of the Act. Under these sections all persons

exercising functions, powers and duties under this Act shall: Recognise and provide for the

2 Document DOL11590.4 FEB13 and any subsequent version approved or endorsed by the EPA. Version 7 is available at

http://www.business.govt.nz/worksafe/information-guidance/all-guidance-items/workplace-exposure-standards-and-biological-

exposure-indices/workplace-exposure-standards-and-biological-indices-2013.pdf

http://www.business.govt.nz/worksafe/information-guidance/all-guidance-items/workplace-exposure-standards-and-biological-exposure-indices/workplace-exposure-standards-and-biological-indices-2013.pdfhttp://www.business.govt.nz/worksafe/information-guidance/all-guidance-items/workplace-exposure-standards-and-biological-exposure-indices/workplace-exposure-standards-and-biological-indices-2013.pdf

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maintenance and enhancement of people and communities to provide for their cultural well-being,

and; take into account the relationship of Māori and their culture and traditions with their ancestral

lands, water, taonga and the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

4.5 It is noted that Permethrin RTU triggers a number of hazardous properties giving rise to the potential

for cultural risk e.g. terrestrial and aquatic ecotoxicity. Cultural risk includes any negative impacts to

treasured flora and fauna species, the environment, and the general health and well-being of

individuals and the community.

4.6 In general, the introduction and use of hazardous substances has the potential to inhibit the ability of

Māori to fulfil their role as kaitiaki. This is particularly relevant when considering the guardianship of

land and waterways given the ecotoxic nature of Permethrin RTU to Te Marae o Maru (freshwater

ecosystems), and Te Marae o Tāne (terrestrial ecosystems) in particular species associated with

mahinga kai (food resources) and kōrero o mua (traditional narratives) as well as other cultural

associations.

Mahinga kai me ngā rauropi wai (Food resources and aquatic organisms)

4.7 With respect to Te Marae o Maru, if Permethrin RTU enters waterways there is potential for this

substance to adversely affect culturally significant food species such as tuna (freshwater eels),

piharau (lamprey), inanga (whitebait), kōura / kēwai (freshwater crayfish).

4.8 Permethrin RTU entering waterbodies also raises concerns regarding other culturally significant

species that spend all or part of their lifecycle in waterbodies, for example kōuraura (shrimp), piriwai

(mayfly), pūrerehua (caddisfly), pūene (dobsonfly), kapowai (dragonflies), hoehoe (water boatman),

hoe tuarā (backswimmer) and tātaka ruku (diving beetles). These are prey species for taonga food

species such as tuna, kōura / kēwai, pūtangitangi (paradise shelduck), pārera (grey duck) and

rakiraki (mallard duck), as well as culturally significant non-food species including kōkopu (galaxiids)

and toitoi (bullies).

4.9 Hazardous substances can generate both direct and indirect impacts on Māori interests. Direct

impacts are the positive or adverse effects on culturally significant receptors such as taonga species.

Indirect impacts are the consequential effects, that is, how such impacts affect the ability of Māori to

express their culture, in particular customary practices and usages associated with the affected

taonga species.

4.10 The importance to Māori of ensuring that mahinga kai (food resources) and their constituent species

flourish cannot be overstated historically or contemporarily. In former times, mahinga kai were critical

for sustaining Māori communities and whānau. Taonga food species such as tuna remain essential

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for continuing customary practices and meeting cultural obligations, particularly in respect of showing

manaaki (hospitality) to guests on the marae and providing whānau with traditional kai.

Te Aitanga Pepeke (Insect world, arthropods)

4.11 As Permethrin RTU has been specifically designed to target a range of flying and crawling insects, it

poses risk to culturally significant arthropods belonging to a domain within Te Marae o Tāne known

to Māori as Te Aitanga Pepeke (insect world) and ‘Te Tini o Hakuturi’ (the multitude of bow-legged

ones). These vulnerable species include wētā, rō (stick insects), pūngāwerewere (spiders),

kēkerengū (cockroaches), pōpokorua (ants), hiore kakati (earwigs), ngaro iro (blowflies, houseflies),

matua waeroa (crane flies), tūpanapana (click bettles), kurikuri (ground beetles), pāpaka nguturoa

(weevils), mūmūtawa (ladybirds), kāwhitiwhiti (grasshoppers) and pepe (moths and butterflies).

4.12 Insects are culturally significant due to the part they play in Māori cosmogeny and environmental

lore. For example, according to kōrero o mua, the insects and birds saw a man named Rātā fell a

large tree to make a canoe without appropriate ritual or authority to do so. They were angry about

this and twice re-erected the tree after he had felled it, resulting in great shame for Rātā. This

cautionary tale is a reminder that natural resources should be used wisely and with due care and

diligence.

4.13 It was Whiro (deity of evil) who, on his unending quest to destroy humankind, plants and creatures

created by Tāne (deity of the forest), sent an army of insects, birds and bats to kill Tāne when the

latter climbed to the heavens to fetch the three baskets of sacred knowledge – which Whiro tried to

get himself. However, Tāne called the winds to keep them away. As Tāne came back down with the

baskets, Whiro sent out a swarm of beetles, but Tāne defeated them too. He took all Whiro’s insects

and birds to his forests, where they remain to this day. This illustrates that good eventually triumphs

over evil, and that long lasting change can be inspired by great leaders.

Taha hauora (Human health)

4.14 Permethrin RTU may have both adverse and positive effects on taha hauora (human health). The

former resulting directly from the harmful properties of the substance itself, and the latter are benefits

derived from applying the substance i.e. outcomes.

4.15 Permethrin RTU is classified as being harmful to human organs or systems when ingested orally or

inhaled. For this reason, this substance poses risk to taha hauora (human health) particularly the

dimensions of taha tinana (physical health and well-being) and taha whānaunga – the responsibility

to care for and share in the collective, including relationships and whānau contexts, and be

connected to, people and things that foster a sense of belonging, enjoyment, well-being and safety.

There is a risk that using this substance may compromise the ability of people to protect themselves

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or others where it is used. Ensuring the collective welfare and fostering a sense of well-being and

safety amongst all involved is important for maintaining taha whānaunga.

4.16 From a Māori perspective, potentially vulnerable groups include kaumātua (older persons)

maintaining their home environments and tamariki (children) present in the same areas, in particular

infants crawling on sprayed surfaces. Wearing a mask when spraying Permethrin RTU should

address potential risk in relation to taha hauora. Furthermore, applications of this substance will

generally occur on private properties where access to sprayed areas is controlled and users have

the opportunity to advise others of intentions to spray or where spraying has been undertaken.

4.17 Māori may also be concerned about the well being of family pets such as cats and dogs walking on

surfaces sprayed with Permethrin RTU then licking paws. Pets are an important part of whānau and

kāinga (home environments) and are therefore integral to taha whānaunga. It is noted this substance

does not pose significant risk to pets, which owners can isolate from sprayed areas.

4.18 Invasive insects such as weevils, ants, cockroaches, flies and spiders can compromise enjoyment

and convenience within households by spoiling food and fibre, being vectors for disease, nesting or

reproducing around homes, and increasing cleaning requirements.

4.19 Using Permethrin RTU to control insect infestations may have a positive effect on taha hauora,

particularly in respect of taha tinana, taha whānaunga and taha wairua (spiritual health and well-

being obtained through the maintenance of a balance with nature and the protection of mauri). All

three of the foregoing dimensions of taha hauora will be enhanced due to Permethrin RTU enabling

restoration or maintenance of lifestyle convenience and comfort levels as well as preventative

management of insect vectors.

Ētahi atu mea (Other matters)

4.20 Some of the foregoing risks to environmental and human health can be mitigated by recommending:

maximum frequency of spray applications; use of appropriate PPE; avoid spraying into or over water,

and; avoid spraying bees or onto surfaces that bees might come into contact with and in the vicinity

of bee hives.

4.21 Permethrin RTU provides an option that agrichemical users can consider as an alternative to other

products that are currently available for controlling crawling and flying insect pests around homes.

Kupu whakatepe (Conclusion)

4.22 Based on the information provided, including the use pattern and the controls proposed to be

assigned to Permethrin RTU, the potential risks to Māori culture or traditional relationships with the

environment are likely to be negligible.

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4.23 If Permethrin RTU is applied in the prescribed manner it is considered that it is unlikely to breach the

principles of the Treaty of Waitangi, including the principle of active protection.

Assessment of risks to society, the community and the market economy

4.24 I have not identified any risks to society, communities or the market economy from the approval of

Permethrin RTU.

New Zealand’s international obligations

4.25 I have not identified any international obligations that may be impacted by the approval of Permethrin

RTU.

Benefit assessment (positive effects)

4.26 I am satisfied that the availability of Permethrin RTU will provide beneficial economic effects for

some businesses with the potential for flow-on effects to local communities and the New Zealand

economy, including improved customer choice and greater competition.

5. Variation and cost-effectiveness of prescribed controls

Modification of controls under section 77 of the Act

5.1 Section 77 of the Act allows the prescribed controls to be varied, substituted, added and/or deleted

where:

the adverse effects identified for a substance are different from those which would usually be

associated with substances with the same hazard classification

the adverse effects cannot be identified for a substance because of the scientific and technical

uncertainty in the available information, or

the benefits of the substance are retained without significantly increasing the adverse effects.

5.2 I have deleted the controls E7, AH1 and TR1. These controls relate to approved handler and tracking

requirements and have been triggered by the ecotoxic properties of Permethrin RTU. I consider that

these controls can be deleted under s 77(4)(b) as being unnecessary to manage the risk of adverse

effects from the use of Permethrin RTU. These are already well-managed under other controls and

legalisation.

5.3 I have not made any other changes to the prescribed controls under section 77 of the Act.

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Addition and modification of controls under section 77A of the Act

5.4 Section 77A of the Act also allows the EPA to add, vary, substitute, combine or delete controls if

such changes are more effective or more cost-effective in terms of managing the use and risks of the

substance, or are more likely to achieve their purpose than the prescribed controls.

5.5 I have, therefore, added and varied the following controls, as set out in Table 2:

Table 2: Additional controls and variations

Control Justification

E1 Environmental Exposure Limit values (EEL) can be set to limit hazardous substances from entering the

environment in quantities sufficient to present a risk to it. No EEL values are set for any component of

Permethrin RTU at this time as the risk of adverse effects to the environment has been assessed as

being negligible, as set out in Appendix A. The default EEL values are deleted. As a consequence, no

application rate has been set under the E2 control.

E3 I note the prescribed controls prohibit Permethrin RTU being applied when bees are foraging, however,

these prescribed controls do not prevent the application of Permethrin RTU onto bees, bee hives or bee

nests. I have applied a variation to the control E3 to prohibit this.

Furthermore, I consider that this information should be communicated to the users and that the best way

to do that is via the product label, and I have applied additional labelling requirements accordingly.

I16 The prescribed controls do not address the issue of paresthesia. Therefore, I have varied the I16 control

to require a label warning about paresthesia and how to avoid it.

EM12 This control specifies the emergency management requirements for secondary containment of liquid

hazardous substances (or those likely to liquefy in a fire) and pooling substances. However, this control

does not allow for dispensation where it is unnecessary for any pipework associated with the stationary

container systems to have secondary containment. I have, therefore, varied the emergency

management controls to address this.

Water The environmental risk assessment indicates that restrictions on use and application of this substance

are necessary to mitigate the risk of the risk of adverse effects that could be caused to humans and

organisms in the environment. Accordingly, I consider that the application of controls addressing these

potential risks will be more effective than the prescribed controls with respect to their effects on the

management, application and risks of this substance. Consequently, additional controls are applied to

Permethrin IGR to restrict the level of risk to the aquatic environment.

Application

method

Schedule 8 SCHEDULE 8 OF THE HAZARDOUS SUBSTANCES (DANGEROUS GOODS AND SCHEDULED

TOXIC SUBSTANCES) TRANSFER NOTICE 2004

The prescribed controls do not address the risks associated with storage or use of substances within

stationary container systems (e.g. tanks). These risks include the potential failure of primary

containment resulting in a large spill of the substance into the environment. To mitigate against the risk

that this substance will be stored in bulk without consideration of the equipment it is contained in, or the

location of that equipment, the addition of the following control is proposed:

Accordingly, I have applied the requirements of Schedule 8 of the Hazardous Substances (Dangerous

Goods and Scheduled Toxic Substances) Transfer Notice 20043 (as amended) to this substance. I

3 Available at http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf

http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf

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consider that the application of controls addressing these risks are more effective than the specified

prescribed controls with respect to their effect on the management, use and risks of the substance and

therefore set them as a control (Sch 8) under section 77A of the Act, notwithstanding clause 1 of that

schedule.

Label

requirements

I note that there are significant hazards associated with this substance. I consider the risks associated

with these hazards and information relating to how to manage these risks should be communicated to

the users. The best way to do that is via the product label and I have applied additional labelling

requirements accordingly.

Assessment of control modifications

5.6 I consider that the modifications to the controls under section 77 and section 77A of the Act fulfil the

legislative criteria of being, relative to the prescribed controls, either:

more effective with respect to their effect on the management, use, and risks of the substance,

or

more cost-effective in terms of their effect on the management, use, and risks of the

substance, or

more likely to achieve their purpose.

5.7 These controls can be found in full in Appendix A of this document.

6. Decision

6.1 I have considered the effects of this substance throughout its life cycle and the controls that may be

imposed on this substance.

6.2 Having considered the composition, hazardous properties and use of Permethrin RTU, I am satisfied

that it meets the criteria for rapid assessment under section 28A(2)(c) as it has one or more

hazardous properties with a lesser degree of hazard than a substance that has already been

approved under the Act.

6.3 I am satisfied with the hazard classifications identified in Table 1 and have applied these

classifications to Permethrin RTU.

6.4 I have determined that the positive effects of this substance outweigh any adverse effects.

Therefore, the import or manufacture of Permethrin RTU for use as a pesticide is approved with

controls as listed in Appendix A.

Dr Allan L Freeth Date: 13 July 2016

Chief Executive, EPA

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Appendix A: Controls applying to Permethrin RTU

Please refer to the Hazardous Substances Regulations4 for the requirements prescribed for each control.

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 11 – 27 Limiting exposure to toxic substances

through the setting of ADE, PDE or

TEL values

No TEL values are set for any component

of this substance at this time.

T2 29, 30 Controlling exposure in places of work

through the setting of WES values

The EPA adopts as WES values for this

substance, and each component of this

substance, any applicable value specified

in WorkSafe New Zealand’s Workplace

Exposure Standards and Biological

Exposure Indices Document; 7th Edition;

February 20135

T4 7 Requirements for equipment used to

handle substances

T5 8 Requirements for protective clothing

and equipment

E1 32 – 45 Limiting exposure to ecotoxic

substances through the setting of EEL

values

No EEL values are set at this time and

the default EELS are deleted

E2 46 – 48 Restrictions on use of substances in

application areas

E3 49 Controls relating to protection of

terrestrial invertebrates eg beneficial

insects

The following subclauses are added after

subclause (2) of regulation 49:

(4) A person must not apply this

substance onto bees, bee hives or bee

nests.

E5 5(2), 6 Requirements for keeping records of

use

E6 7 Requirements for equipment used to

handle substances

Hazardous Substances (Identification) Regulations 2001


I1 6, 7, 32 – 35,

36(1) – (7)

Identification requirements, duties of

persons in charge, accessibility,

4 The regulations can be found on the New Zealand Legislation website: http://www.legislation.co.nz 5 Or any subsequent version of this Standard approved or endorsed by the EPA.

http://www.legislation.co.nz/

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comprehensibility, clarity and

durability

I3 9 Priority identifiers for ecotoxic

substances

I9 18 Secondary identifiers for all

hazardous substances

I11 20 Secondary identifiers for ecotoxic

substances

I16 25 Secondary identifiers for toxic

substances

The following paragraph is added after

paragraph (f) of regulation 25:

(g) a warning of the effects of paresthesia

and how to avoid it.

I17 26 Use of generic names

I18 27 Requirements for using concentration

ranges

I19 29 – 31 Additional information requirements,

including situations where substances

are in multiple packaging

I21 37 – 39,

47 – 50

General documentation requirements

I23 41 Specific documentation requirements

for ecotoxic substances

I28 46 Specific documentation requirements

for toxic substances

I29 51, 52 Signage requirements

Hazardous Substances (Packaging) Regulations 2001


P1 5, 6, 7(1), 8 General packaging requirements

P3 9 Criteria that allow substances to be

packaged to a standard not meeting

Packing Group I, II or III criteria

P15 21 Packaging requirements for ecotoxic

substances

PG3 Schedule 3 Packaging requirements equivalent to

UN Packing Group III

PS4 Schedule 4 Packaging requirements as specified

in Schedule 4

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Hazardous Substances (Disposal) Regulations 2001


D4 8 Disposal requirements for toxic and

corrosive substances

D5 9 Disposal requirements for ecotoxic

substances

D6 10 Disposal requirements for packages

D7 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Hazardous Substances (Emergency Management) Regulations 2001


EM1 6, 7, 9 – 11 Level 1 information requirements for

suppliers and persons in charge

EM7 8(f) Information requirements for ecotoxic

substances

EM8 12 – 16, 18 –

20

Level 2 information requirements for

suppliers and persons in charge

EM11 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response plans

EM12 35 – 41 Level 3 emergency management

requirements: secondary containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation,

and regulations 37 to 40, where this

substance is contained in pipework

that is installed and operated so as

to manage any loss of containment

in the pipework it—

(a) is not to be taken into account

in determining whether a place

is required to have a secondary

containment system; and

(b) is not required to be located in

a secondary containment

system.

(5) In this clause, pipework—

(a) means piping that—

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(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

The following subclauses are added at the

end of regulation 37:

(2) If pooling substances which do not

have class 1 to 5 hazard

classifications are held in a place

above ground in containers each of

which has a capacity of 60 litres or

less—

(a) if the place’s total pooling

potential is less than 20,000

litres, the secondary

containment system must have

a capacity of at least 25% of

that total pooling potential:

(b) if the place’s total pooling

potential is 20,000 litres or

more, the secondary


a capacity of the greater of—

(i) 5% of the total pooling

potential; or

(ii) 5,000 litres.

(3) Pooling substances to which

subclause (2) applies must be

segregated where appropriate to

ensure that leakage of one

substance may not adversely affect

the container of another substance.

The following subclauses are added at the

end of regulation 38:

(2) If pooling substances which do not

have class 1 to 5 hazard

classifications are held in a place

above ground in containers 1 or

more of which have a capacity of

more than 60 litres but none of which

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have a capacity of more than 450

litres—

(a) if the place’s total pooling

potential is less than 20,000

litres, the secondary


a capacity of either 25% of that

total pooling potential or 110%

of the capacity of the largest

container, whichever is the

greater:

(b) if the place’s total pooling

potential is 20,000 litres or

more, the secondary


a capacity of the greater of—

(i) 5% of the total pooling

potential; or

(ii) 5,000 litres

(3) Pooling substances to which

subclause (2) applies must be

segregated where appropriate to

ensure that the leakage of one

substance may not adversely affect

the container of another substance.

EM13 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004


Tank

Wagon

4 – 43, as

applicable

Controls relating to tank wagons

and transportable containers

Additional controls

Code Section of

the Act Control

Water 77A This substance must not be applied into or onto water

Application

Method

This substance must be applied using ground-based methods only

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Definitions

Unless defined below, terms used in the controls have the same meaning as defined in the Act or regulations

made under the Act.

Term Definition

Ground-based

methods

Ground-based methods of applying pesticides include, but are not limited to, application by ground

boom, airblast or knapsack, and do not include aerial application methods.

Water

Means water in all its physical forms, whether flowing or not, and whether over or under ground, but

does not include water in any form while in a pipe, tank or cistern or water used in the dilution of the

substance prior to application.

Bees Means all species of bee including, but not limited to, honeybees, bumble bees, solitary bees, both

native and introduced.

Stationary

Container

Systems

Schedule 8 SCHEDULE 8 OF THE HAZARDOUS SUBSTANCES (DANGEROUS GOODS

AND SCHEDULED TOXIC SUBSTANCES) TRANSFER NOTICE 2004

This schedule prescribes the controls for stationary container systems. The

requirements of this schedule are detailed in the consolidated version of the

Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The following clause replaces Clause 1 of Schedule 8 of the Hazardous Substances

(Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004:

This Schedule applies to every stationary container system that contains, or is

intended to contain the substance

Label

requirements

77A The substance label must include the following statement, or words to the same effect:

“Read label before use”

“This substance has the potential to cause target organ toxicity by the oral and inhalation routes”

“Keep out of reach of children”

“Do not breath in the substance”

“Eye and face protection should be worn when using the substance.”

“Do not eat, drink or smoke while using the substance”

“This substance must not be applied when bees are foraging in the areas where it is to be applied”

“This substance must not be applied onto bees, bee hives or bee nests”
http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdfhttp://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf

decision · 2019. 4. 6. · 3 decision on application for approval to import or manufacture...

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