Pursuant to section 66 of the Hazardous Substances and New Organisms Act 1996 (“the Act”), the Environmental Risk Management Authority issues the following notice.
N o t i c e
1. Title—This notice is the Hazardous Substances (Methylarsinic Acid & MSMA Direction Prohibiting Use and Controlling Storage and Disposal) Notice 2009.
2. Commencement—This notice comes into force 28 days after the date of notification in the New Zealand Gazette.
3. Interpretation—(1) In this notice, words and phrases have the meanings given to them in the Act and in Regulations made under the Act.
(2) In this notice, the following words have the following meanings:
collector means a person, other than the holder, who collects, transports or stores methylarsinic acid or MSMA for the purpose of disposal, in accordance with this notice.
environmentally sound disposal means disposal in accordance with clause 7 of this notice.
holder means a person who is in possession of methylarsinic acid or MSMA on or after the date this notice comes into force prior to collection by a collector.
methylarsinic acid means methylarsinic acid (CAS Number 124-58-3).
MSMA means the soluble concentrate of methylarsinic acid (as a sodium salt) (CAS Number 2163-80-6) used in a formulation containing 600g/litre methylarsinic acid.
4. Prohibition on use—(1) No person may use methylarsinic acid after the date of commencement of this notice.
(2) No person may use MSMA after the expiry of 31 May 2010.
5. Controls on use of MSMA until 31 May 2010—The controls set out in the Appendix to this notice shall apply to the use of MSMA from the date of commencement of this notice until the expiry of 31 May 2010.
6. Storage of methylarsinic acid and MSMA—Holders and collectors must ensure that methylarsinic acid and MSMA are only stored in suitable containers and kept in buildings and places which are:
(a) secure and suitable for the purpose taking into account the quantities stored, moisture control, ventilation and spill containment; and
(b) sited so that the risk of contamination of people, animals, crops and the environment is minimised.
7. Controls on the disposal of methylarsinic acid and MSMA—(1) Methylarsinic acid and MSMA may be disposed of by:
(a) treating the substance using a method that changes the characteristics or composition of the substance so that the substance or any product of such treatment is no longer a hazardous substance; or
(b) exporting the substance from New Zealand as waste for environmentally sound disposal provided that such export complies with the relevant requirements of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the OECD Decision C(2001)107 on the Control of Transboundary Movement of Wastes Destined for Recovery Operations.
(2) In subclause (1)(a), treating the substance does not include:
(a) (save in the case of use of MSMA in accordance with the controls set out in the Appendix to this notice before the expiry of 31 May 2010) application to or discharge to any environmental medium; or
(b) dilution of the substance with any other substance before discharge into the environment; or
(c) depositing the substance in a landfill or a sewage facility; or
(d) depositing the substance in an incinerator unless in doing so the substance is treated in accordance with subclause (1)(a).
(3) All stocks of methylarsinic acid and MSMA must be disposed of by the expiry of 31 May 2010.
8. Controls on collectors of methylarsinic acid and MSMA—(1) A collector must ensure that equipment used to handle the substance complies with Regulation 7 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001.
(2) A collector who handles methylarsinic acid or MSMA must comply with Regulation 8 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001.
(3) Regulation 9 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001 applies to any quantity of methylarsinic acid or MSMA.
(4) For the purposes of Regulation 10 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001, no methylarsinic acid or MSMA in any quantity may be carried on any passenger service vehicle.
(5) When stored for the purpose of environmentally sound disposal, methylarsinic acid or MSMA must not be mixed with any other substance.
(6) The Hazardous Substances (Packaging) Regulations 2001 apply to methylarsinic acid or MSMA as if they are deemed to have a hazard classification that is class 6.1C. Transport of methylarsinic acid or MSMA by land within New Zealand shall comply with all relevant requirements of the Land Transport Rule: Dangerous Goods 2005 (Rule 45001/1).
(7) Transport of methylarsinic acid or MSMA by sea within New Zealand shall comply with all relevant requirements of
either the Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous Goods (MR024A) or the International Maritime Dangerous Goods Code.
(8) Transport of methylarsinic acid or MSMA by air within New Zealand shall comply with all relevant requirements of Part 92 of the Civil Aviation Rules.
(9) The Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 apply to methylarsinic acid or MSMA stored or transported in a tank, tank wagon or transportable container as those terms are defined in those Regulations.
(10) The location and movement of methylarsinic acid or MSMA must be recorded in accordance with the Hazardous Substances (Tracking) Regulations 2001.
(11) The Hazardous Substances (Emergency Management) Regulations 2001 apply to methylarsinic acid or MSMA as if they are deemed to have hazard classifications that are class 6.1C and 9.1A.
(12) The Hazardous Substances (Identification) Regulations 2001 apply to methylarsinic acid or MSMA as if they are deemed to have hazard classifications that are class 6.1C and 9.1A.
Dated at Wellington this 12th day of May 2009.
For and on behalf of the Environmental Risk Management Authority:
MAX SUCKLNG.
Appendix: Controls for soluble concentrate containing 600 g/litre methylarsinic acid (to apply until expiry of 31 May 2010)
Control Code1 Regulation2 Topic Variations
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
T1 11–27 Limiting exposure to toxic substances through the setting of tolerable exposure limits (TELs) No TELs are set
T2 29, 30 Controlling exposure in places of work
T3 5(1), 6 Requirements for keeping records of use
T4 7 Requirements for equipment used to handle hazardous substances
T5 8 Requirements for protective clothing and equipment
T6 9 Approved handler/security requirements for certain toxic substances The regulations apply to each hazardous substance described in Schedule 1 as if the following regulation were inserted immediately after Regulation 9:
9A Exception to approved handler requirement for transportation of packaged pesticides
(1) Regulation 9 is deemed to be complied
with if—
(a) in the case of a hazardous substance being transported on land—
(i) in the case of a hazardous substance being transported by rail, the person who drives the rail 52 vehicle that
is transporting the substance is fully trained in accordance with the approved safety system under section 6D of the Transport Services Licensing Act 1989, or a safety system which is referred to in an approved safety case under the Railways Act 2005; and
(ii) in every other case, the person who drives, loads and unloads the vehicle that is transporting the substance—
(A) for hire or reward, or in quantities which exceed those set out in Schedule 1 of the Land Transport Rule 45001/1: Dangerous Goods 2005, has a current dangerous goods endorsement on his or her driver licence; or
(B) in every other case, the Land Transport Rule 45001/1: Dangerous Goods 2005 is complied with; or
(b) in the case of a hazardous substance being transported by sea, one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous Goods (MR024A); or
(ii) International Maritime Dangerous Goods Code; or
(c) in the case of a hazardous substance being transported by air, Part 92 of the Civil Aviation Rules is complied with.
(2) Subclause (1)(a)—
(a) does not apply to a tank wagon or
a transportable container to which the Hazardous Substances (Tank Wagons
and Transportable Containers) Regulations 2004 applies; but
(b) despite paragraph (a), does apply to
an intermediate bulk container that complies with chapter 6.5 of the UN Model Regulations.
(3) Subclause (1)(c)—
(a) applies to—
(i) pilots, aircrew, and airline ground personnel loading and handling a hazardous substance within an aerodrome; or
(ii) pilots for the purpose of aerial application; but
(b) does not apply to—
(i) the storage and handling of a hazardous substance in any place that is not within an aerodrome, or within an aerodrome by non-airline ground personnel; or
(ii) the loading and handling of any hazardous substance for the purpose of aerial application otherwise than in accordance with paragraph (a)(ii).
The Regulations apply to each hazardous substance described in Schedule 1 as if the following Regulation was inserted immediately after Regulation 9A:
9B Exception to approved handler requirement for aerial application of certain substances
Regulation 9 is deemed to be complied with if, in the case of the aerial application of a hazardous substance, the person who carries out the application has a current pilot chemical rating in accordance with Part 61 of the Civil Aviation Rules.
T7 10 Restrictions on the carriage of hazardous substances on passenger service vehicles
E1 32–45 Limiting exposure to ecotoxic substances No environmental exposure limits (EELs) are set and the default EELs are deleted
E2 46–48 Restrictions on use of substances in application areas
E5 5(2), 6 Requirements for keeping records of use
E6 7 Requirements for equipment used to handle substances
E7 9 Approved handler/security requirements for certain ecotoxic substances Refer control T6
Hazardous Substances (Identification) Regulations 2001
I1 6, 7, 32–35, 36 (1)–(7) General identification requirements
Regulation 6 – Identification duties of suppliers
Regulation 7 – Identification duties of persons in charge
Regulations 32 and 33 – Accessibility of information
Regulations 34, 35, 36(1)–(7) – Comprehensibility, clarity and durability of information
I3 9 Priority identifiers for ecotoxic substances
I8 14 Priority identifiers for toxic substances
I9 18 Secondary identifiers for all hazardous substances
I11 20 Secondary identifiers for ecotoxic substances
I16 25 Secondary identifiers for toxic substances
I17 26 Use of generic names
I18 27 Use of concentration ranges
I19 29–31 Alternative information in certain cases
Regulation 29 – Substances in fixed bulk containers or bulk transport containers
Regulation 30 – Substances in multiple packaging
Regulation 31 – Alternative information when substances are imported
I20 36(8) Durability of information for class 6.1 substances
I21 37–39, 47–50 Documentation required in places of work
Regulation 37 – Documentation duties of suppliers
Regulation 38 – Documentation duties of persons in charge of places of work
Regulation 39 – General content requirements for documentation
Regulation 47 – Information not included in approval
Regulation 48 – Location and presentation requirements for documentation
Regulation 49 – Documentation requirements for vehicles
Regulation 50 – Documentation to be supplied on request
I23 41 Specific documentation requirements for ecotoxic substances
I28 46 Specific documentation requirements for toxic substances
I29 51–52 Duties of persons in charge of places with respect to signage
I30 53 Advertising corrosive and toxic substances
Hazardous Substances (Packaging) Regulations 2001
P1 5, 6, 7(1), 8 General packaging requirements
Regulation 5 – Ability to retain contents
Regulation 6 – Packaging markings
Regulation 7(1) – Requirements when packing hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large packaging
P3 9 Packaging requirements for substances packed in limited quantities
P13
P15 19
21 Packaging requirements for soluble concentrate containing 600 g/litre methylarsinic acid Controls P13 and P15 are combined.
PG3 Schedule 3 The tests in Schedule 3 correlate to the packaging requirements of UN Packing Group III (UN PGIII)
PS4 Schedule 4 This schedule describes the minimum packaging requirements that must be complied with when a substance is packaged in limited quantities
Hazardous Substances (Disposal) Regulations 2001
D4
D5 8
9 Disposal requirements for soluble concentrate containing 600 g/litre methylarsinic acid Controls D4 and D5 are combined
D6 10 Disposal requirements for packages
D7 11, 12 Disposal information requirements
D8 13, 14 Disposal documentation requirements
Hazardous Substances (Emergency Management) Regulations 2001
EM1 6, 7, 9–11 Level 1 emergency management information: General requirements
EM6 8(e) Information requirements for toxic substances
EM7 8(f) Information requirements for ecotoxic substances
EM8 12–16, 18–20 Level 2 emergency management documentation requirements
EM11 25–34 Level 3 emergency management requirements – emergency response plans
EM12 35–41 Level 3 emergency management requirements – secondary containment The following subclauses shall be added after subclause (3) of Regulation 36:
(4) For the purposes of this Regulation, and Regulations 37 to 40, where this substance is contained in pipework that is installed and operated so as to manage any loss of containment in the pipework, it—
(a) is not to be taken into account in determining whether a place is required to have a secondary containment system; and
(b) is not required to be located in a secondary containment system.
(5) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance into or out of the stationary container; and
(b) includes a process pipeline or a transfer line.
The following subclauses shall be added after subclause (1) of Regulation 37:
(2) If pooling substances that do not have class 1 to 5 hazard classifications are held in a place above ground in containers each of which has a capacity of 60 litres or less—
(a) if the place’s total pooling potential is less than 20,000 litres, the secondary containment system must have a capacity of at least 25% of that total pooling potential;
(b) if the place’s total pooling potential is 20,000 litres or more, the secondary containment system must have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres.
(3) Pooling substances to which subclause (2) applies must be segregated where appropriate to ensure that leakage of one substance may not adversely affect the container of another substance.
The following subclauses shall be added after subclause (1) of Regulation 38:
(2) If pooling substances which do not have class 1 to 5 hazard classifications are held in a place above ground in containers 1 or more of which have a capacity of more than 60 litres but none of which have a capacity of more than 450 litres—
(a) if the place’s total pooling potential is
less than 20,000 litres, the secondary containment system must have a capacity of either 25% of that total pooling potential or 110% of the capacity of the largest container, whichever is the greater;
(b) if the place’s total pooling potential is 20,000 litres or more, the secondary containment system must have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres.
(3) Pooling substances to which subclause (2) applies must be segregated where appropriate to ensure that the leakage of one substance may not adversely affect the container of another substance.
EM13 42 Level 3 emergency management requirements – signage
Hazardous Substances (Personnel Qualifications) Regulations 2001
AH1 4–6 Approved Handler requirements (including test certifier and qualification requirements) Refer controls E7/T6
Hazardous Substances (Tracking) Regulations 2001
TR1 4(1), 5, 6 General tracking requirements
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where applicable The Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 prescribe a number of controls relating to tank wagons and transportable containers and must be complied with as relevant.
Additional Controls
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, apply to this substance, notwithstanding clause 1(1) of that schedule.
Soluble concentrate containing 600 g/litre methylarsinic acid shall not be applied onto or into water.
1 The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix. This links the hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA New Zealand website www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO Control Regulations.
2 These Regulations form the controls applicable to this substance. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.