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CONSIDERATION PAPER

Application to Amend Approvals Yearly Chemical Review 2011 Nitric Acid >10-70% aqueous solution

Application Number: ERMA200926 Prepared for the Environmental Protection Authority June 2012

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Yearly Chemical Review 2011 Nitric Acid Consideration Paper

June 2012 ERMA200926

Application details Application code ERMA200926

Application type Application for the amendment of various approvals under section 63A of the Hazardous Substances and New Organisms Act 1996 (“the Act”)

Applicant Chief Executive of the Environmental Protection Authority

Date application received 10 October 2011

Submission period 10 October 2011 to 23 November 2011

To be considered by The Environmental Protection Authority (the “EPA”)

Purpose of the application To amend the classifications and controls of the substances listed in the application as part of the 2011 Yearly Chemical Review.

The application has been lodged pursuant to section 63A(1), which allows the EPA to reassess substances

under section 63A.

1. Background to the Application

1.1. On 30 June 2011, the EPA considered there were grounds under section 62 for reassessing the

approvals.

1.2. This application for a “modified” reassessment under section 63A has been prepared by the Chief

Executive of the EPA following the decision on grounds.

1.3. In December 2011 the EPA made a decision on the proposed changes to substances listed in the

application, except the proposed amendment to Nitric acid, >10-70% aqueous solution.

1.4. At that time the EPA postponed the consideration of the addition of a 5.1.1C (oxidising) classification

to 65-70% Nitric acid aqueous solutions to enable additional information to be obtained under section

58(1)(a) of the Act.

1.5. This document will therefore only address the reassessment of Nitric acid, >10-70% aqueous solution.

1.6. Further information was received from the following parties: Orica, Fonterra and Bulk Storage

Terminals in a joint response.

1.7. The reassessment of Nitric acid, >10-70% aqueous solution considers only the proposal to add a

5.1.1C classification to 65-70% Nitric acid and to consequently split the >10-70% approval into two

approvals, one covering 65-70% and the other >10-<65%.

1.8. The proposed changes to the approval are considered to be more than “minor in effect” for the

following reasons:

a. the proposed changes will result in costs for industry;

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b. there is no requirement for industry to register products covered by individual approvals or group

standard approvals with the EPA. Therefore, the EPA does not know who the affected parties with

respect to amendment for substance are; and

c. the change in classification results in the need for changes to safety data sheets, labelling and

signage requirements. Amendment of classifications by section 67A does not allow for time to

implement these changes. As part of this reassessment the Chief Executive proposes a phase in

period for implementing the resulting control and information changes;

2. Purpose of the Application

2.1. The purpose of this reassessment is to align the classification of 65-70% Nitric acid with the

internationally accepted classification of the substance that is reflected in the UN Model Regulations -

Recommendations on the Transport of Dangerous Goods, the International Maritime Dangerous

Goods Code, the International Air Transport Association Dangerous Goods Regulations and the New

Zealand standard NZS 5433 (which incorporates the New Zealand Land Transport Rule: Dangerous

Goods 2005).

3. Proposed Amendments

3.1. Based on the assignment of a subsidiary risk 5.1 (oxidiser) classification for 65-70% Nitric acid in the

UN Model Regulations- Recommendations on the Transport of Dangerous Goods it is proposed that

the current approval for Nitric acid ,10-70% aqueous solution be split into two approvals as follows:

• Nitric acid, >10-<65 % aqueous solution; classification 6.1D, 6.9B, 8.1A , 8.2B , 8.3A

• Nitric acid, 65-70% aqueous solution; classification 5.1.1C, 6.1D, 6.9B, 8.1A, 8.2B, 8.3A.

3.2. The Chief Executive recognises that a reasonable period of time should be allowed in which to comply

with the proposed new classification and controls. The Chief Executive therefore proposes that a

transitional (phase-in) period of 1 year should be allowed in which to implement any changes

approved by the EPA.

3.3. As the proposed new controls should not lead to major infrastructure upgrades or investments being

required, a compliance plan option is not being recommended.

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4. Additional information request under section 58(1)(a)

4.1. One submission regarding the proposed change to Nitric acid, 10-70% aqueous solution was received

from the public consultation process – Appendix A provides a summary of this submissions. This

submission raised concerns over the proposed changes. In accordance with section 58(1)(a) the

Authority postponed the decision to seek further advice on this issue.

5. Matters to be considered by the EPA

5.1. Reassessment under section 63A is considered appropriate for Nitric acid, 10-70% aqueous solution,

as the reassessment involves only specific aspects of the listed approval. It is not meant to be a

complete reassessment of nitric acid classifications and controls.

Issues raised in Submissions 5.2. The submissions indicated that there may be significant affects related to the addition of a 5.1.1C

(oxidising) classification to 65-70% Nitric acid aqueous solutions. The proposed change is in line with

a number of international classification systems as well as the update to the New Zealand Standard

NZS 5433: Transport of Dangerous Goods on Land 2012. It is acknowledged that there may be

significant impacts arising from this classification change.

5.3. Due to the significant impact of the proposed change the consideration of the addition of a 5.1.1C

(oxidising) classification to 65-70% Nitric acid aqueous solutions was postponed to enable additional

information to be obtained under section 58(1)(a) of the Act. The information relates to the effects that

the addition of an oxidising classification will have on the controls that apply to the substance.

Additional information received under section 58(1)(a) 5.4. Additional information on the proposed amendment was received under section 58(1)(a). This

information can be found in the Confidential Appendix.

5.5. The information received reviewed the current controls and commented on their effectiveness versus

the proposed controls.

5.6. Consideration of the financial costs of implementing the proposed new controls was also discussed. It

was estimated that most if not all current facilities would be non-compliant and that the costs of

upgrading the facilities would be in excess of $17 million.

5.7. The conclusion of the submitters was that the additional proposed controls for Class 5 substances do

not add or improve the safety to people or the environment as the current controls for corrosive

substances are managing the risks.

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Effects associated with the reassessment 5.8. Section 63A(6) requires the EPA take into account all the effects associated with the reassessment

5.8.1. The modified reassessment of Nitric acid >10-70% seeks to amend the classification and

controls to better manage the hazards/risks of the substance.

5.8.2. The proposed change in classification results in the addition of an extensive list of default

controls many of which have been identified, in the additional information received, as

leading to significant compliance costs.

5.8.3. An assessment has been carried out on the default controls and the benefits versus costs

associated with these controls. A number of the controls were not considered appropriate for

this particular substance and others were not considered to have any benefit over the

existing controls. These are detailed in the section titled Controls under sections 77, 77A and

77B, paragraphs 9.10-9.25, where they are discussed in more detail.

5.8.4. The additional disposal, emergency management and identification controls should be

retained.

5.8.5. Under current New Zealand transport rules Nitric acid, 65-70% aqueous solution is required

to be identified as an oxidiser as this provides vital information to transporters and

emergency services. HSNO requirements for safety data sheet, signage and labelling should

not conflict with the transport information.

International considerations 5.9. Section 63A(6) also requires the EPA take into account

the best international practices and standards for the safe management of hazardous substances

5.9.1. The addition of the 5.1.1C classification to 65-70% Nitric acid aqueous solution is in line with

the current international classifications in the UN Model Regulations - Recommendations on

the Transport of Dangerous Goods, the International Maritime Dangerous Goods Code, and

the IATA Dangerous Goods Regulations. This classification has also been adopted in the

New Zealand Land Transport Rule: Dangerous Goods.

Controls under sections 77, 77A and 77B 5.10. The addition of a 5.1.1C classification results in the possible addition of a number of new default

controls specific to this classification.

5.11. Section 77(4) gives the EPA the power to substitute or delete any or all controls prescribed for any

classification,—(a) where the adverse effects identified for a substance are less than the adverse

effects which would usually be associated with substances given that hazard classification; - (b) where

the benefits of any substance are such that the controls should be varied to retain the benefits and the

variation would, in the opinion of the Authority, not significantly increase the adverse effect.

5.12. The following additional default controls, set out in the table below, are prescribed in the regulations

for a 5.1.1C classification. The EPA is proposing to delete some of these controls and vary others.

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Hazardous Substances (Classes 1-5 Controls) Regulations 2001

Regulation Description

Reg 7 d General test certification requirements for hazardous substance location

Reg 8 Restrictions on the carriage of oxidising substances on passenger service vehicles.

Reg 88 v General limits on class 5.1.1 substances

Reg 89 d Approved handler/security requirements for certain class 5.1.1 substances

Reg 91 v Requirements to prevent unintended combustion or explosion of class 5.1.1 substances

Reg 92 Requirements for protective clothing and equipment

Reg 93 Requirement to control adverse effects of spills or failure of containers

Regs 94-97 d Controls on hazardous substance locations where class 5.1.1 substances are present

Regs 98-100 d Test certification requirements for hazardous substance locations where class 5.1.1 substances

are present

Reg 101 d Controls on transit depots where class 5.1.1 substances are present

Regs 102,

103 d

Requirements to control adverse effects of intended combustion or explosion of class 5.1.1

substances, including requirements for protective clothing and equipment

Hazardous Substances (Disposal) Regulations 2001


Reg 7 Disposal requirements for oxidising substances

Hazardous Substances (Identification) Regulations 2001


Reg 13 Primary identifiers for oxidising substances

Reg 24 Secondary identifiers for oxidising substances

Reg 45 Specific documentation requirements for oxidising substances

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Hazardous Substances (Packaging) Regulations 2001


Reg 17 Packaging requirements for oxidising substances

Hazardous Substances (Emergency Management) Regulations 2001


Reg 8(d) Information requirements for oxidising substances

Reg 17 Additional information requirements for oxidising substances

Regs 21-24 Fire extinguisher requirements

Hazardous Substances (Personnel Qualifications) Regulations 2001


Regs 4-6 d Approved handler requirements v= proposal to vary

d= proposal to delete

5.13. A significant issue is the definition in the Classes 1-5 Controls regulations, regulation 87, that states

that class 5.1.1 and class 8 substances are incompatible.

Regulation 87

“incompatible, in relation to a class 5.1.1 or 5.1.2 substance, means another substance or material

that is not compatible with the class 5.1.1 or 5.1.2 substance; and includes—

(a) a substance that is not a class 5.1.1 or 5.1.2 substance but that is classified in class 5.2, or in any

of classes 1, 2, 3, 4, 6.1A to C, or 8:”

5.14. Incompatibility of substances introduces a number of controls including major infrastructural

requirements such as separation distances. If the current definition is retained compliance costs would

be significant.

5.15. Nitric acid is a highly corrosive substance itself. There are many examples of products that are

mixtures of acids One of the most well known is aqua regia which is a mixture of hydrochloric acid,

75% and nitric acid, 25%. This product has an individual HSNO approval number HSR007604. The

definition above would imply that these two acids are incompatible as hydrochloric acid is not

oxidising.

5.16. A further example that shows that the general incompatibility definition is not appropriate for this

substance is to consider a solution of less than 65% nitric acid. Under the above definition, 64% nitric

acid would be incompatible with 65%. This clearly does not make sense.

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5.17. It is recommended that for nitric acid 65-70% in aqueous solution the following variation, under section

77(4)(a), be added to all controls that refer to incompatible substances:

“For the purpose of this control, the definition of the word “incompatible” does not include a substance that is class 8”

5.18. The following table lists the controls that would require the incompatibility variation.

Hazardous Substances (Classes 1-5 Controls) Regulations 2001

Regulation Description Variation

Reg 91 Requirements to prevent unintended combustion or explosion of class 5.1.1 substances

For the purpose of this control, the definition of the word “incompatible” does not include a substance that is class 8

Reg 88 General limits on class 5.1.1 substances For the purpose of this control, the definition of the word “incompatible” does not include a substance that is class 8





Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004


Regs 4 to 43 as applicable

Controls relating to tank wagons and transportable containers.


Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice

2004


Schedule 8 This schedule prescribes the controls relating to stationary container systems. The requirements of this schedule are detailed in the consolidated version of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf


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5.19. Under the UN Model Regulations- Recommendations on the Transport of Dangerous Goods the class

8 corrosive classification of nitric acid is considered the primary hazard and the class 5 oxidising

classification a secondary hazard. Taking this into consideration along with the current controls which

managed the risks of the substance as a corrosive the additional costs (see Confidential Appendix for

estimated costs) associated with a number of the extra controls are not considered justifiable and are

proposed to be deleted or varied under section 77(4)(a).

5.20. Control Code O1, O8, O9 hazardous substance location requirements.

The stationary container requirement for corrosive substances already manages the substance as a

corrosive. Additional controls that apply to it as an oxidiser for emergency management plans and

secondary containment will be retained and will contribute to the safe management of the substance.

There would be no significant improvement in the management of the substance by requiring a

location test certificate; therefore, the compliance costs associated with applying these controls are

not justifiable.

5.21. Control codes AH1/O4 Approved handler requirements

The substance is currently being managed safely as a corrosive. With the additional oxidiser

requirements on labels, safety data sheets and emergency planning the additional approved handler

requirement with associated costs is not considered justified.

5.22. Control code O3 General limits on class 5.1.1 substances

Clause (1) of regulation 88 requires a hazardous substance location under certain circumstances. The

requirement for a hazardous substance location has been deleted therefore this control is no longer

relevant. This control code should be varied to delete Reg 88 Clause (1).

5.23. Control code O5 Requirements to prevent unintended combustion or explosion

There is no evidence that nitric acid can be ignited therefore regulation 91(1)(b) of the class 1-5

controls regulations should be deleted. As mentioned above the definition of incompatible should also

be varied. The rest of regulation 91 should remain.

5.24. Control code O10 Controls on transit depots where class 5.1.1 substances are present

Requirement for corrosive substances already manages the substance safely. Additional controls that

apply to it as an oxidiser for emergency management plans and identification will be retained and will

contribute to the safe management of the substance. The additional compliance cost associated with

these controls cannot be justified based on the nature of this substance. This control should be

deleted.

5.25. Control code O11 Requirements to control adverse effects oif ntended combustion or explosion of

class 5.1.1 substances, including requirements for protective clothing and equipment

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As above there is no evidence that nitric acid can be ignited. The protective clothing and equipment

requirements for a corrosive substance would be the primary concern. Therefore, this control is not

required.

5.26. It is recommended that a control to allow for a one year phase in period for compliance with the new

classification and controls be approved under section 77A.

6. Recommendations

6.1. It is recommended that the EPA:

a. Notes that public notification and consultation was undertaken in accordance with the requirements

of the Act;

b. Notes that one submission was received as part of the public consultation;

c. Notes that further information was received under section 58(1)(a) of the Act.

d. Approves splitting the Nitric acid 10-70% aqueous solution approval into two approvals for Nitric

acid 10-<65% aqueous solution and Nitric acid 65-70% aqueous solution;

e. Approves the addition of a 5.1.1C classification for Nitric acid 65-70% aqueous solution and the

controls listed in Appendix D.

f. Approves a one year phase in period for compliance with new classifications and controls

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Yearly Chemical Review 2011 Consideration Paper


Appendix A: Summary of Submissions

# Submitter Organisation To be heard? Summary of Submission

1 Louise Wood No Approval Number: HSR001515 Substance Name: Nitric Acid >10 – 70% aqueous solution CAS Number: 7697-37-2 Issue/Comments: Orica purchases 11-12,000 tonnes per annum nitric acid 69%w/w. This product is used in industrial processes with approximately 90% used in the dairy industry for plant cleaning and the remainder used for gold extraction and metal treatment. Orica recognises that the further harmonisation of the HSNO classification system with internationally accepted classifications and data is a positive outcome. Orica is also keen to support the implementation of best practise for the safe management of all hazardous substances. If the proposed classification process came into practise there would be three alternatives available to Orica; a. Continue to purchase Nitric Acid 69% and dilute to <65% for supply to customers; This would require significant capital investment and time to implement. A change to the classification where it relates to the storage of nitric acid, may impact on current installations where nitric storage is in bunded areas with other compatible class 8 chemicals or in areas where controlled zones may be required but the current installation (which complies with the requirements of the current classification) has not included them. Orica has already carried out a capital works program to meet the current classification requirements for Nitric Acid, additional requirements could prove very costly to meet. b. Purchase <65% Nitric acid and supply to customers; This option would affect the overall volume of product imported. It is calculated that the volume would increase by a further 5% This increased volume has the impact of increasing the volume of product shipped into New Zealand and the

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amount of kms travelled by Orica’s Bulk Liquid Transport fleet this is anticipated to add a further 9,700 kms per annum to be travelled. This is unfortunately likely to have a negative impact on greenhouse gas emissions as well as increase the amount of hazardous substance which is transported on NZ roads..There will also be a cost impact from the additional bulk shipping storage and transport activity which will ultimately be passed to customers. c. Continue to purchase and supply Nitric Acid 69% and accept the additional controls due to the addition of the 5.1.1C classification. Additional controls for the movement and storage of a product with 5.1.1C classification leads to the further segregation of the product if the current DG transport law remains unchanged. One of the principal impacts would be the requirement to not carry class 8 acids with class 5 (and 8) acids on the same trailer unit via road transport reducing the ability to be efficient in the delivery method, Nitric is now moved with other products for the dairy industry and would add to the amount of kms travelled on NZ roads by hazardous substances. The further segregation caused by the additional classification would be significant from a cost perspective and would have to be passed onto customers. Orica believes that its current practise that allows compatible acid products to be carried on the same trailer is one that should be accepted. Segregation should be based on chemical compatibility and not simply on the classification of the product. In addition to the impact a classification change may have on the transport of Nitric Acid >65%, is the potential cost of additional controls involved to comply with the storage of a class 5 chemical. Summary After reviewing all the alternatives above it would be Orica’s preference to maintain the current classification of the product and therefore not be impacted from the additional environmental and commercial costs from moving 5% more volume of Nitric Acid than currently. Due to the significant volume used by the Dairy Industry in New Zealand Orica would ask that any possible change to the classification was done in the dairy ‘off-season’ in order for the operational impacts of handling more volume to be adequately assessed. The proposed date of implementation would therefore be

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30th June 2013. In additional to Orica’s submission we would like to request that a subsequent submission be made, involving industry expert, to request a dispensation to transport compatible acid products on the same segregated unit. EPA Response: The proposed classification change to add a 5.1.1C classification to nitric acid 65 - 70 % aqueous solution is in line with the current version (edition 17) of the UNRTDG regulations. The criteria set out in the Hazardous Substances (Classification) Regulations 2001 give one of the criteria for assigning a 5.1.1C classification as follows: “a substance that is listed in the UN model Regulations as having a class, division, or subsidiary risk of 5.1, and is assigned Packing Group III.” In fact, this new classification first appeared in edition 15 (2007) of the UNRTDG regulations. Standard NZS5433:Transport of Dangerous Goods on Land, is currently in the process of being updated and will include a new entry for Nitric acid, other than red fuming, with at least 65%, but not more than 70% nitric acid Class 8 Subsidiary risk 5.1 Packing Group II. It is acknowledged that there may be significant impacts arising from this change. It is proposed that a decision on this substance is deferred while the EPA collects further information on the impacts of the proposed change on industry.

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Appendix B Nitric Acid 65-70% reassessment

Current classifications and proposed classifications are given. The schedule also includes the justification for the change and the controls affected by

these changes.

Bold lettering indicates affected classifications.

More detailed information on the control codes can be found in the following documents;

• User Guide to Controls: http://www.epa.govt.nz/Publications/ER-UG-05.pdf

• Hazardous Substances (Chemicals) Transfer Notice (GN72): http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf,

• Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice (GN35):

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

Substances affected (Name and CAS #)

Approval Number

Current classification

Proposed classification

Justification for Change Effect on controls

Nitric acid, >10-70% aqueous solution

CAS 7697-37-2

HSR001578 6.1D, 6.9B,

8.1A , 8.2B ,

8.3A

See

justification

for details

Split substance into two approvals

Nitric acid, >10-70% aqueous solution is currently classified as 6.1D (I), 6.9B (I), 8.1A , 8.2B , 8.3A. The primary hazard i.e. 8.2B was based on the earlier edition of the UN Model Regulation. However, in the 15th edition of the UN Model Regulation, this is split into two:

1. NITRIC ACID, other than red fuming, with at least 65%, but not more than 70% nitric acid, Class 8 sub risk 5.1 PG II

Controls for Nitric acid, >10-<65% aqueous solution remain unchanged from the current controls for Nitric acid, >10-70% aqueous solution

Controls for Nitric acid, 65-70% aqueous solution are the same as the current controls for Nitric acid, >10-70% aqueous plus add the folowing controls based on the addition of the 5.1.1C classification:

AH1, D3, EM5, EM9, EM10, I7, I15, I27, O1, O2, O3, O4, O5, O6,

http://www.epa.govt.nz/Publications/ER-UG-05.pdf



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2. NITRIC ACID, other than red fuming, with less than 65% nitric acid Class 8 PG II

It is proposed that Nitric acid, >10-70% aqueous solution is split into two substances with the following classifications;

Nitric acid, >10-<65 % aqueous solution 6.1D 6.9B, 8.1A , 8.2B , 8.3A

Nitric acid, 65-70% aqueous solution 5.1.1C,

6.1D, 6.9B, 8.1A ,8.2B, 8.3A

O7,O8, O9, O10, O11, P11

Variation to O8

Regulation 95 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

This regulation applies to this substance as if, in regulation 95(1)(c), the words “but excluding electrical equipment” were inserted after the words “ignition sources”.

This regulation applies to this substance as if, regulation 95(1)(f) was replaced by:

(f) the location is designed and

managed so that any moisture or

any vapour, gas, or particulate

matter of class 5.1.1 or 5.1.2

substances does not present a

hazard in respect of electrical

equipment that may be present.

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Appendix C: Proposed controls for Nitric acid >10-<65% aqueous solution

The controls proposed for Nitric acid >10-<65% aqueous solution are the controls that current apply to the

existing approval for Nitric acid >10-70% aqueous solution.

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

Regs 11 – 27 Limiting exposure to toxic substances through the setting of TELs

Tolerable Exposure Limits

The regulations apply as if regulation 11 [of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations] was deleted

Explanation: The requirement to set tolerable exposure limits (TEL) is deleted.

Regs 29, 30 Controlling exposure in places of work through the setting of WESs.

Regs 5(1), 6 Requirements for keeping records of use

Reg 7 Requirements for equipment used to handle substances


Reg 10 Restrictions on the carriage of toxic or corrosive substances on passenger service vehicles

Hazardous Substances (Identification) Regulations 2001


Regs 6, 7, 32 – 35, 36(1) – (7)

Identification requirements, duties of persons in charge, accessibility, comprehensibility, clarity and durability

Reg 8 Priority identifiers for corrosive substances

Reg 14 Priority identifiers for toxic substances

Reg 18 Secondary identifiers for all hazardous substances

Reg 19 Secondary identifiers for corrosive substances

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Reg 25 Secondary identifiers for toxic substances

Reg 26 Use of generic names

Reg 27 Requirements for using concentration ranges

Regs 29 – 31

Additional information requirements, including situations where substances are in multiple packaging

Reg 36(8) Durability of information for class 6.1 substances

Regs 37 – 39, 47 – 50

General documentation requirements

Reg 40 Specific documentation requirements for corrosive substances

Reg 46 Specific documentation requirements for toxic substances

Regs 51, 52 Signage requirements

Reg 53 Advertising corrosive and toxic substances



Regs 5, 6, 7(1), 8

General packaging requirements

Reg 9

Criteria that allow substances to be packaged to a standard not meeting Packing Group I, II or III criteria

Reg 19 Packaging requirements for toxic substances

Reg 20 Packaging requirements for corrosive substances

Schedule 2 Packaging requirements equivalent to UN Packing Group II

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Reg 8 Disposal requirements for toxic and corrosive substances

Reg 10 Disposal requirements for packages

Regs 11, 12

Information requirements for manufacturers, importers and suppliers, and persons in charge

Regs 13, 14

Documentation requirements for manufacturers, importers and suppliers, and persons in charge



Regs 6, 7, 9 – 11

Level 1 information requirements for suppliers and persons in charge

Reg 8(a) Information requirements for corrosive substances

Reg 8(e) Information requirements for toxic substances

Regs 12 – 16, 18 – 20


Regs 25 – 34

Level 3 emergency management requirements: duties of person in charge, emergency response plans

Regs 35 – 41 Level 3 emergency management requirements: secondary containment

Regulation 36 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

This regulation applies as if there were added, after subclause (3), the following subclauses:

(4) For the purposes of this regulation and regulations 37 to 40, any hazardous substance contained in pipework that is installed and operated so as to manage any loss of containment in the pipework—

(a) is not to be taken into account in determining whether a place is required to have a secondary

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containment system; and

(b) is not required to be located in a secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary container; and

(ii) is used to transfer a hazardous substance into or out of the stationary container; and

(b) includes a process pipeline or a transfer line.

Reg 42 Level 3 emergency management requirements: signage





Schedule 8 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances) Transfer Notice 2004


Schedule 8 This schedule prescribes the controls relating to 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

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Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances) Transfer Notice 2004


Schedule 9 This schedule prescribes the controls relating to secondary containment. 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

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Appendix D: Proposed controls for Nitric acid 65-70% aqueous solution Hazardous Substances (Classes 1-5 Controls) Regulations 2001

Regulation Description Variation Reg 8 Restrictions on the carriage of oxidising

substances on passenger service vehicles.

Reg 88 General limits on class 5.1.1 substances The regulations apply as if clause (1) were omitted. For the purpose of this control, the definition of the word “incompatible” does not include a substance that is class 8

Reg 91 Requirements to prevent unintended combustion or explosion of class 5.1.1 substances

The regulations apply as clause (1)(b) were omitted For the purpose of this control, the definition of the word “incompatible” does not include a substance that is class 8





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


Regs 11 – 27

Limiting exposure to toxic substances through the setting of TELs

Tolerable Exposure Limits The regulations apply as if regulation 11 [of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations] was deleted Explanation: The requirement to set tolerable exposure limits (TEL) is deleted.

Regs 29, 30 Controlling exposure in places of work through the setting of WESs.

Regs 5(1), 6 Requirements for keeping records of use

Reg 7 Requirements for equipment used to handle substances


Reg 10 Restrictions on the carriage of toxic or corrosive substances on passenger service vehicles

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Hazardous Substances (Identification) Regulations 2001 Regulation Description Variation

Regs 6, 7, 32 – 35, 36(1) – (7)

Identification requirements, duties of persons in charge, accessibility, comprehensibility, clarity and durability

Reg 8 Priority identifiers for corrosive substances

Reg 13 Primary identifiers for oxidising substances

Reg 14 Priority identifiers for toxic substances

Reg 18 Secondary identifiers for all hazardous substances

Reg 19 Secondary identifiers for corrosive substances

Reg 24 Secondary identifiers for oxidising substances

Reg 25 Secondary identifiers for toxic substances

Reg 26 Use of generic names

Reg 27 Requirements for using concentration ranges

Regs 29 – 31

Additional information requirements, including situations where substances are in multiple packaging

Reg 36(8) Durability of information for class 6.1 substances

Regs 37 – 39, 47 – 50

General documentation requirements

Reg 40 Specific documentation requirements for corrosive substances

Reg 45 Specific documentation requirements for oxidising substances

Reg 46 Specific documentation requirements for toxic substances

Regs 51, 52 Signage requirements

Reg 53 Advertising corrosive and toxic substances

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Regs 5, 6, 7(1), 8

General packaging requirements

Reg 9 Criteria that allow substances to be packaged to a standard not meeting Packing Group I, II or III criteria

Reg 17 Packaging requirements for oxidising substances

Reg 19 Packaging requirements for toxic substances

Reg 20 Packaging requirements for corrosive substances

Schedule 2 Packaging requirements equivalent to UN Packing Group II



Reg 7 Disposal requirements for oxidising substances

Reg 8 Disposal requirements for toxic and corrosive substances

Reg 10 Disposal requirements for packages

Regs 11, 12

Information requirements for manufacturers, importers and suppliers, and persons in charge

Regs 13, 14

Documentation requirements for manufacturers, importers and suppliers, and persons in charge



Regs 6, 7, 9 – 11


Reg 8(a) Information requirements for corrosive substances

Reg 8(d) Information requirements for oxidising substances

Reg 8(e) Information requirements for toxic substances

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Regs 12 – 16, 18 – 20


Reg 17 Additional information requirements for oxidising substances

Regs 21-24 Fire extinguisher requirements

Regs 25 – 34

Level 3 emergency management requirements: duties of person in charge, emergency response plans


Regs 35 – 41

Level 3 emergency management requirements: secondary containment

Regulation 36 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001 This regulation applies as if there were added, after subclause (3), the following subclauses: (4) For the purposes of this regulation and regulations 37 to 40, any hazardous substance contained in pipework that is installed and operated so as to manage any loss of containment in the pipework— (a) is not to be taken into account in determining whether a place is required to have a secondary containment system; and (b) is not required to be located in a secondary containment system. (5) In this clause, pipework— (a) means piping that— (i) is connected to a stationary container; and (ii) is used to transfer a hazardous substance into or out of the stationary container; and (b) includes a process pipeline or a transfer line. For the purpose of this control, the definition of the word “incompatible” does not include a substance that is class 8

Reg 42 Level 3 emergency management requirements: signage






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Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004


Schedule 8 This schedule prescribes the controls relating to stationary container systems. The requirements of this schedule are detailed in the consolidated version of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf


Schedule 9 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004


Schedule 9 This schedule prescribes the controls relating to secondary containment. The requirements of this schedule are detailed in the consolidated version of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf

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