Hazardous Substances (Chemicals) Transfer Notice 2006
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16551655 OF THURSDAY, 22 JUNE 2006 WELLINGTON: WEDNESDAY, 28 JUNE 2006 — ISSUE NO. 72 ENVIRONMENTAL RISK MANAGEMENT AUTHORITY HAZARDOUS SUBSTANCES (CHEMICALS) TRANSFER NOTICE 2006 PURSUANT TO THE HAZARDOUS SUBSTANCES AND NEW ORGANISMS ACT 1996 1656 NEW ZEALAND GAZETTE, No. 72 28 JUNE 2006 Hazardous Substances and New Organisms Act 1996 Hazardous Substances (Chemicals) Transfer Notice 2006 Pursuant to section 160A of the Hazardous Substances and New Organisms Act 1996 (in this notice referred to as the Act), the Environmental Risk Management Authority gives the following notice. Contents 1 Title 2 Commencement 3 Interpretation 4 Deemed assessment and approval 5 Deemed hazard classification 6 Application of controls and changes to controls 7 Other obligations and restrictions 8 Exposure limits Schedule 1 List of substances to be transferred Schedule 2 Changes to controls Schedule 3 New controls Schedule 4 Transitional controls ______________________________ 1 Title This notice is the Hazardous Substances (Chemicals) Transfer Notice 2006. 2 Commencement This notice comes into force on 1 July 2006. 3 Interpretation In this notice, unless the context otherwise requires,— (a) words and phrases have the meanings given to them in the Act and in regulations made under the Act; and (b) the following words and phrases have the following meanings: 28 JUNE 2006 NEW ZEALAND GAZETTE, No. 72 1657 manufacture has the meaning given to it in the Act, and for the avoidance of doubt includes formulation of other hazardous substances pesticide includes but is not limited to, a product intended for use as an acaricide, antifouling paint, antisapstain, avicide, fumigant, fungicide, insecticide, herbicide, miticide, molluscicide, piscicide, timber treatment preservative or vertebrate toxic agent UN Model Regulations means the 14th revised edition of the Recommendation on the Transport of Dangerous Goods Model Regulations, published in 2005 by the United Nations variation code, in relation to a substance described in Schedule 1, means a number set out in the column entitled “variation code(s)” opposite the description of the substance in Schedule 1 veterinary medicine has the same meaning given to it in the Agricultural Compounds and Veterinary Medicines Act 1997 4 Deemed assessment and approval (1) On the commencement of this notice, the hazardous substances described in Schedule 1 are no longer subject to the provisions of Parts 11 to 15 of the Act. (2) Each hazardous substance described in Schedule 1 is deemed to have been assessed and approved by the Authority under section 29 of the Act. 5 Deemed hazard classification Each hazardous substance described in Schedule 1 is deemed to have the hazard classifications specified opposite its description in Schedule 1. 6 Application of controls and changes to controls (1) The controls that apply to the hazardous substances described in Schedule 1 are as follows: (a) the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001, with the changes indicated in Schedule 2: (b) the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001, with the changes indicated in Schedule 2: (c) the Hazardous Substances (Packaging) Regulations 2001, with the changes indicated in Schedule 2: (d) the Hazardous Substances (Disposal) Regulations 2001, with the changes indicated in Schedule 2: (e) the Hazardous Substances (Tracking) Regulations 2001, with the changes indicated in Schedule 2: (f) the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001: 1658 NEW ZEALAND GAZETTE, No. 72 28 JUNE 2006 (g) the Hazardous Substances (Emergency Management) Regulations 2001, with the changes indicated in Schedule 2: (h) the Hazardous Substances (Identification) Regulations 2001, with the changes indicated in Schedule 2: (i) the Hazardous Substances (Compressed Gases) Regulations 2004: (j) the Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004: (k) the controls for stationary container systems set out in Schedule 8 to the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (New Zealand Gazette, 2004, No. 35, p 767), with the changes indicated in Schedule 2 to this notice: (l) the controls for secondary containment set out in Schedule 9 to the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (New Zealand Gazette, 2004, No. 35, p 767), with the changes indicated in Schedule 2 to this notice: (m) the controls for the adverse effects of unintended ignition of class 2 and class 3.1 hazardous substances set out in Schedule 10 to the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (New Zealand Gazette, 2004, No. 35 p 767), with the changes indicated in Schedule 2 to this notice. (2) Subclause (1)(k) applies despite clause 1(1) of Schedule 8 to the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004. (3) Subclause (1)(l) applies despite clause 1(1) of Schedule 9 to the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004. (4) Subclause (1)(m) applies despite clause 1 of Schedule 10 to the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004. 7 Other obligations and restrictions The obligations and restrictions specified in Schedule 3 and Schedule 4 are imposed as controls under section 160B of the Act applying to the hazardous substances described in Schedule 1. 28 JUNE 2006 NEW ZEALAND GAZETTE, No. 72 1659 8 Exposure limits (1) Exposure limits are adopted for a hazardous substance described in Schedule 1 (or any component of the substance) to the extent (if at all) that they are set out on the register of exposure limits. (2) In the case of workplace exposure standard values, where a WES value does not exist on the register of exposure limits but is listed in the document referred to in subclause (3), the value or values specified in that document shall apply to the substance or any component of the substance. (3) The document referred to in subclause (2) is the document entitled “Workplace Exposure Standards”, published by the Occupational Safety and Health Service, Department of Labour, January 2002, ISBN 0-477-03660-0. 1660 NEW ZEALAND GAZETTE, No. 72 28 JUNE 2006 Schedule 1 List of substances to be transferred Explanatory notes to Schedule 1: These notes are not part of the notice, but are intended to assist in understanding its scheme. Substances are listed in the following tables in alphabetical order. Table 1 Pesticide, veterinary medicine and pharmaceutical actives Table 2 Gases that are hazardous substances Table 3 Ethanol dilutions Table 4 Chemicals Variation codes 1 to 3 relate to a change to regulation 9 (approved handler requirements) of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. Variation codes 4 to 10 relate to a change to regulation 9 (approved handler requirements) of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001. Variation code 11 relates to a change to regulation 32 (environmental exposure limits) of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001. Variation codes 12 to 16 relate to changes to regulation 19 (packaging requirements for toxic substances) of the Hazardous Substances (Packaging) Regulations) 2001. Variation codes 17 and 18 relate to changes to regulations 36 (secondary containment), 37 and 38 (surface containers) of the Hazardous Substances (Emergency Management) Regulations 2001. Variation codes 19 relates to a change to regulations 4 to 6 (records and transfer of tracked substances) of the Hazardous Substances (Tracking) Regulations 2001. Variation codes 20 and 21 relate to specification of pesticide, veterinary medicine and pharmaceutical actives. 28 JUNE 2006 NEW ZEALAND GAZETTE, No. 72 1661 Table 1 Pesticide, veterinary medicine and pharmaceutical actives Substance Name CAS Number Hazard Classification(s) Variation Code(s) 1,3,5-Triazine-2,4-diamine, N-ethyl-N'- 834-12-8 6.1D, 6.4A, 6.9B, 9.1A, 9.3C 4, 11, 19, 21 (1-methylethyl)-6-(methylthio)- 1,4-Dimethylnaphthalene 571-58-4 6.1E, 6.3A, 6.4A, 9.1A 4, 11, 17, 18, 19, 21 1H-Pyrrole-3-carbonitrile, 4-bromo-2- 122454-29-9 6.1B, 9.1A, 9.3A, 9.4B 5, 9, 11, 21 (4-chlorophenyl)-5- 2-(Thiocyanomethylthio) benzothiazole 21564-17-0 6.1B, 6.3A, 6.5B, 6.9B, 5, 9, 11, 14, 17, 18, 8.3A, 9.1A, 9.3C 21 2,4-D 94-75-7 6.1C, 6.3A, 6.4A, 6.5B, 8, 11, 19, 21 6.9A, 9.1B, 9.2A, 9.3B 2,4-D amine salt 2008-39-1 6.1D, 6.3B, 6.4A, 6.5B, 4, 11, 19, 21 6.9A, 9.1A, 9.2A, 9.3B 2,4-D butyl ester 94-80-4 6.1D, 6.3B, 6.4A, 6.5B, 4, 11, 19, 21 6.9A, 9.1A, 9.2A, 9.3C 2,4-D ethyl hexyl ester 1928-43-4 6.1D, 6.5B, 6.9A, 9.1A, 4, 11, 19, 21 9.2A, 9.3C 4,6-Dinitro-o-cresol 534-52-1 6.1B, 6.3A, 6.5B, 6.6B, 5, 9, 11, 21 8.3A, 9.1A 4-Aminopyridine 504-24-5 6.1A, 6.3A, 6.4A, 9.1B, 9.3A 5, 9, 11, 21 5-Pyrimidinemethanol, .alpha.-(1- 56425-91-3 6.1D, 9.3B 11, 21 methylethyl)-.alpha.-[4- (trifluoromethoxy)phenyl]- Abamectin 71751-41-2 6.1B, 6.8B, 6.8C, 6.9A, 5, 9, 10, 11, 20 9.1A, 9.2A, 9.3A, 9.4A Acebutolol hydrochloride 34381-68-5 6.3A, 6.4A, 6.5A, 6.5B, 6.9B 16 Acephate 30560-19-1 6.1D, 6.7B, 6.8B, 6.9A, 4, 11, 16, 19, 21 9.1D, 9.3B, 9.4A Acetamiprid 135410-20-7 6.1C, 6.9B, 9.1A, 9.2B, 9.3B, 8, 11, 19, 21 9.4B Acetochlor 34256-82-1 6.1D, 6.3A, 6.5B, 6.9B, 4, 11, 17, 18, 19, 21 9.1A, 9.2A, 9.3C Acetylsalicylic acid 50-78-2 6.1C, 6.3B, 6.4A, 9.3B 8, 11, 19, 20 Actinomycin C 8052-16-2 6.1B, 9.3A 5, 9, 11 Actinomycin D 50-76-0 6.1A, 6.4A, 9.3A 5, 9, 11 Acyclovir 59277-89-3 6.1D, 6.5A, 6.5B, 9.3C 11, 16 Alachlor 15972-60-8 6.1D, 6.4A, 6.5B, 6.7B, 4, 11, 19, 21 6.9A, 9.1A, 9.2A, 9.3C Albendazole 54965-21-8 6.1D, 6.5B, 6.6B, 6.8A, 11, 16, 20 6.9B, 9.3C Allethrin 584-79-2 3.1D, 6.1C, 6.3B, 6.4A, 8, 11, 17, 19, 21 6.9B, 9.1A, 9.3B, 9.4B Allopurinol 315-30-0 6.1D, 6.5B, 6.9B, 9.3C 11 alpha-Cypermethrin 67375-30-8 6.1B, 6.9B, 9.1A, 9.3B, 9.4A 5, 9, 11, 21 Amiloride hydrochloride 17440-83-4 6.1C, 6.5A, 6.5B, 9.3B 8, 11, 19 Aminophylline 317-34-0 6.1C, 6.3A, 6.9B, 8.3A, 9.3B 8, 11, 19 1662 NEW ZEALAND GAZETTE, No.