Application for the Reassessment of a Group of Hazardous ...€¦ · ANNEX TO DECISION Application...

ANNEX TO DECISION

Application for the Reassessment of a Group of Hazardous Substances under Section 63 of the Hazardous Substances and New Organisms Act 1996 15 September 2015

APP202097: Dichlorvos and its formulations

Decision on the application for reassessment of dichlorvos and its formulations (APP202097) – Controls Annex

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Introduction

This document is an Annex accompanying the EPA decision making committee’s decision on the

Application for reassessment of dichlorvos and its formulations. It sets out in full the specific controls

to be applied to each substance which has been given an approval.

In the interests of clarity, this document also contains the controls that apply to substances covered

by revoked approvals for the duration of their disposal period (i.e. until 16 March 2016). The controls

detailed for the two revoked approvals are the same as the controls that applied to these substances

immediately prior to their revocation.

The decision document can be found on the EPA website.

Table of Contents

Introduction ............................................................................................................................................ 2

Table of Contents ................................................................................................................................... 2

Part 1: Controls for approved substances .......................................................................................... 3

HSR002838 – Dichlorvos ............................................................................................................. 4

HSR000211 - Emulsifiable concentrate containing 1000 g/litre dichlorvos ......................... 14

HSR000213 - Emulsifiable concentrate containing 1140 g/litre dichlorvos ......................... 35

HSR000212 - Aerosol containing 50 g/kg dichlorvos ............................................................. 56

Part 2: Controls for use of substances with revoked approvals..................................................... 72

HSR000207 - Flammable aerosol containing 3.1 g/litre dichlorvos

and 8.7 g/litre propoxur ............................................................................................................. 73

HSR000209 - Ready to use liquid containing 4.4 g/litre dichlorvos

and 9.6 g/litre propoxur ............................................................................................................. 81


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Part 1: Controls for approved substances


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HSR002838 – Dichlorvos

Table HSR002838-1. Controls for the substance “Dichlorvos” (HSR002838)

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

Code Regulation Description Variation

T1 Regs 11 –

27

Limiting exposure

to toxic

substances

through the setting

of TELs

No TEL values are set for this substance at this time.

T2 Regs 29, 30 Controlling

exposure in places

of work through

the setting of

WESs.

Workplace Exposure Standards:

Under regulation 29(2) of the Hazardous Substance (Classes

6, 8, and 9 Controls) Regulations 2001, the Authority adopts

as workplace exposure standards for this substance, any

applicable value or values specified in the document

described in “Workplace Exposure Standards and Biological

Indices”, published by the Ministry of Business, Innovation

and Employment, February 2013, 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

T3 Regs 5(1), 6 Requirements for

keeping records of

use

T4 Reg 7 Requirements for

equipment used to

handle substances


protective clothing

and equipment

T6 Reg 9 Approved

handler/security

requirements for

certain toxic

substances

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

The following regulation is 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) when this substance is being transported on land—

(i) by rail, the person who drives the rail vehicle

that is transporting the substance is fully

trained in accordance with the approved

safety system for the time being approved

under section 6D of the Transport Services

Licensing Act 1989; and

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





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(ii) other than by rail, the person who drives,

loads, and unloads the vehicle that is

transporting the substance has a current

dangerous goods endorsement on his or her

driver licence; and

(iii) in all cases, Land Transport Rule: Dangerous

Goods 1999 (Rule 45001) is complied with; or

(b) when this substance is being transported by sea,

one of the following is complied with:

(i) Maritime Rules: Part 24A – Carriage of

Cargoes – Dangerous Goods (MR024A):

(ii) International Maritime Dangerous Goods

Code; or

(c) when this 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 pilots, aircrew, and airline ground

personnel loading and managing this substance

within an aerodrome; but

(b) does not apply to—

(i) the handling of this substance in any place

that is not within an aerodrome; or

(ii) the loading and managing of this substance

for the purpose of aerial spraying or dropping.

(4) In this regulation, UN Model Regulations means the 17th

revised edition of the Recommendation on the transport

of Dangerous Goods Model Regulations, published in

2013 by the United Nations.

T7 Reg 10 Restrictions on the

carriage of toxic or

corrosive

substances on

passenger service

vehicles



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E1 Regs 32 –

45

Limiting exposure to

ecotoxic substances

through the setting of

EELs

Regulation 32 of the Hazardous Substances (Classes 6,

8, and 9 Controls) Regulations 2001

Regulation 32 subclauses (1) and (2) are deleted.

Explanation: The default Environmental Exposure Limits

(EEL) are deleted. No EEL is set for this substance at this

time.

E3 Reg 49 Controls relating to

protection of

terrestrial

invertebrates eg

beneficial insects

E5 Regs 5(2), 6 Requirements for

keeping records of

use

E6 Reg 7 Requirements for

equipment used to

handle substances

E7 Reg 9 Approved

handler/security

requirements for

certain ecotoxic

substances



regulation 9:




(a) when this substance is being transported on

land—











driver licence; and


Goods 1999 (Rule 45001) is complied with;

or







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Code; or



















for the purpose of aerial spraying or

dropping.

(4) In this regulation, UN Model Regulations means the

17th revised edition of the Recommendation on the

transport of Dangerous Goods Model Regulations,

published in 2013 by the United Nations.

Hazardous Substances (Identification) Regulations 2001


I1 Regs 6, 7,

32 – 35,

36(1) – (7)

Identification

requirements, duties

of persons in charge,

accessibility,

comprehensibility,

clarity and durability

I3 Reg 9 Priority identifiers for

ecotoxic substances


toxic substances

I9 Reg 18 Secondary identifiers

for all hazardous

substances



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for ecotoxic

substances


for toxic substances

I17 Reg 26 Use of generic

names

I18 Reg 27 Requirements for

using concentration

ranges

I19 Regs 29 –

31

Additional

information

requirements,

including situations

where substances

are in multiple

packaging

I20 Reg 36(8) Durability of

information for class

6.1 substances

I21 Regs 37 –

39, 47 – 50

General

documentation

requirements

I23 Reg 41 Specific

documentation

requirements for

ecotoxic substances

I28 Reg 46 Specific

documentation

requirements for

toxic substances

I29 Regs 51, 52 Signage

requirements

I30 Reg 53 Advertising corrosive

and toxic substances

Hazardous Substances (Packaging) Regulations 2001


P1 Regs 5, 6,

7(1), 8

General packaging

requirements

P3 Reg 9 Criteria that allow

substances to be

packaged to a

standard not meeting


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Packing Group I, II or

III criteria

P13 Reg 19 Packaging

requirements for

toxic substances


requirements for

ecotoxic substances

PG2 Schedule 2 Packaging

requirements

equivalent to UN

Packing Group II

PS4 Schedule 2 Packaging

requirements as

specified in Schedule

4

Hazardous Substances (Disposal) Regulations 2001


D4 Reg 8 Disposal

requirements for

toxic and corrosive

substances

D5 Reg 9 Disposal

requirements for

ecotoxic substances

D6 Reg 10 Disposal

requirements for

packages

D7 Regs 11, 12 Information

requirements for

manufacturers,

importers and

suppliers, and

persons in charge

D8 Regs 13, 14 Documentation

requirements for

manufacturers,

importers and

suppliers, and

persons in charge


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Hazardous Substances (Emergency Management) Regulations 2001


EM1 Regs 6, 7, 9

– 11

Level 1 information

requirements for

suppliers and

persons in charge

EM6 Reg 8(e) Information

requirements for

toxic substances

EM7 Reg 8(f) Information

requirements for

ecotoxic substances

EM8 Regs 12 –

16, 18 – 20

Level 2 information

requirements for

suppliers and

persons in charge

EM11 Regs 25 –

34

Level 3 emergency

management

requirements: duties

of person in charge,

emergency response

plans

EM12

Regs 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—

(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


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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.


38:



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—



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:





(ii) 5,000 litres


be segregated where appropriate to ensure that the



EM13 Reg 42 Level 3 emergency

management

requirements:

signage

Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001


AH1 Regs 4 to 6 Approved Handler

requirements


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(including test

certificate and

qualification

requirements)

Hazardous Substances (Tracking) Regulations 2001


TR1 Regs 4(1), 5,

6

General tracking

requirements

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004


Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Additional Controls

Specification of pesticide and veterinary medicine actives

(1) Any person who—

(a) manufactures or imports into New Zealand this hazardous substance, which that person has not

previously manufactured or imported on or before 1 July 2006; or

(b) had previously manufactured or imported this hazardous substance on or before 1 July 2006, but

that person has since modified the manufacturing process or changed the source of manufacture for

that hazardous substance,

must provide to the Authority in writing the information required by subclauses (3) and (4).

(2) The information required by subclause (1) must be provided—

(a) in the case of a substance that is manufactured in New Zealand prior to that substance being sold to

another person or used in accordance with clause 1 of Schedule 3; or

(b) in the case of a substance that is imported into New Zealand, prior to that substance being imported;

and

(c) in the case of a substance to which subclause (1)(b) applies—

(i) each and every time the manufacturing process or source of manufacture is changed; and

(ii) include equivalent information for the substance that was produced by the manufacturing

process before it was modified, or supplied by the previous source of manufacture, if such

information has not previously been provided to the Authority.

(3) The information to be provided is—

(a) the name and address of the manufacturer of the substance;

(b) the specification of the substance including either—

(i) the full name, including relevant citation, of the national and/or international standard(s) set by

an international scientific or regulatory body recognised by the Authority with which the


September2015

substance complies, and evidence to support this; or

(ii) the manufacturer’s specifications including purity of the hazardous substance, isomeric ratio

where applicable, maximum impurity content and evidence to support these, including details

of analytical methods used. Where the substance is produced at more than one manufacturing

site, this information must be provided for each site separately;

(c) the identity of any impurity, its origin, and the nature of its relationship to the active component when

the impurity is present at a concentration of 10 g/kg or more;

(d) the identity of any impurity that is known to be of toxicological concern, its origin, and the nature of

its relationship to the active component, when the impurity is present at a concentration of less than

10 g/kg;

(4) Information on an impurity that is required under subclause (3) must include—

(a) its chemical name;

(b) its Chemical Abstract Service Registry number (if available); and

(c) its maximum concentration in the substance.

Prohibition on use of substances

(1) No person may use a this hazardous substance for any purpose other than—

(a) for research and development; or

(b) as an ingredient or component in the manufacture of another substance or product.

(2) Despite subclause (1)(a), research and development using this substance does not include investigation

or experimentation in which the substance is discharged, laid or applied in or to the outdoor environment.

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

Transfer Notice 2004

The following clause replaces clause 1 (1) of Schedule 8 of the Hazardous Substances (Dangerous Goods and

Scheduled Toxic Substances) Transfer Notice 2004:

(1) This Schedule applies to every stationary container system that contains, or is intended to contain this

substance.

Explanatory note:

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 .

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



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HSR000211 - Emulsifiable concentrate containing 1000 g/litre dichlorvos

Table HSR000211-1. Controls for the substance “Emulsifiable concentrate containing 1000 g/litre

dichlorvos” (HSR000211)

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001


F2 Reg 8 Restrictions on the

carriage of flammable

substances on

passenger service

vehicles

F6 Regs 60 –

70

Requirements to

prevent unintended

ignition of class 2.1.1,

2.1.2 and 3.1

substances

F11 Reg 76 Segregation of

incompatible

substances



T1 Regs 11 –

27

Limiting exposure

to toxic

substances

through the setting

of TELs

No ADE, PDE or TEL values are set for this substance at this

time.

T2 Regs 29, 30 Controlling

exposure in places

of work through

the setting of

WESs.




as workplace exposure standards for this substance, and

each component of this substance, any applicable value or

values specified in the document described in “Workplace

Exposure Standards and Biological Indices”, published by the

Ministry of Business, Innovation and Employment, February

2013, available at






keeping records of

use

REQUIREMENT TO KEEP RECORDS OF APPLICATION

The following variations take effect on 15 March 2016:

Clauses (1) and (2) of regulation 5 of the Hazardous






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

are deleted and replaced with the following:

A person in charge of this substance must ensure that a

written record of each application of the substance is kept.

MATTERS TO BE INCLUDED IN RECORD

The following subclauses are added after subclause (g) of

clause (1) of regulation 6 of the Hazardous Substances

(Classes 6, 8 and 9 Controls) Regulations 2001:

(h) measures implemented to comply with an REI

required by Additional Control 6 (AC6):

(i) size of the Application Area, and any associated

Enclosed Space:

(j) the location and extent of any Exclusion Zone as

required by Additional Control 7 (AC7), or Buffer

Zone as required by Additional Control 8 (AC8):

(k) the application method used to apply the

substance:

(l) quantity of dichlorvos handled by each person

involved in the application, in relation to the

requirements of Additional Control 4 (AC4):

(m) measures implemented to monitor worker

exposures to dichlorvos:

(n) where notification is required under Additional

Control 11 (AC11), details of how it was

determined who should be notified, who was

notified, and what information was provided.


equipment used to

handle substances


protective clothing

and equipment

From 15 September 2017, this control no longer applies to

this substance.

Explanatory note: the requirements are replaced by the

requirements of additional control AC5: Personal Protective

Equipment, detailed below.

T6 Reg 9 Approved

handler/security

requirements for

certain toxic

substances



regulation 9:








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driver licence; and








Code; or


























corrosive

substances on

passenger service


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vehicles



E1 Regs 32 –

45


ecotoxic substances


EELs






time.

E2 Regs 46 –

48

Restrictions on use

of substances in

application areas


protection of

terrestrial

invertebrates eg

beneficial insects


keeping records of

use






A person in charge of the substance must ensure that a









Enclosed Space:





substance:





exposures to dichlorvos;


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equipment used to

handle substances

E7 Reg 9 Approved

handler/security

requirements for

certain ecotoxic

substances



regulation 9:





land—











driver licence; and



or






Code; or











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dropping.







I1 Regs 6, 7,

32 – 35,

36(1) – (7)

Identification



accessibility,

comprehensibility,



ecotoxic substances


flammable

substances


toxic substances


for all hazardous

substances


for ecotoxic

substances


for flammable

substances



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names


using concentration

ranges

I19 Regs 29 –

31

Additional

information

requirements,


where substances

are in multiple

packaging



6.1 substances

I21 Regs 37 –

39, 47 – 50

General

documentation

requirements

I23 Reg 41 Specific

documentation

requirements for

ecotoxic substances

I25 Reg 43 Specific

documentation

requirements for

flammable

substances

I28 Reg 46 Specific

documentation

requirements for

toxic substances


requirements





P1 Regs 5, 6,

7(1), 8

General packaging

requirements


substances to be


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packaged to a



III criteria


requirements for

toxic substances


requirements for

ecotoxic substances


requirements

equivalent to UN

Packing Group II


requirements as

specified in Schedule

4



D2 Reg 6 Disposal

requirements for

flammable

substances

D4 Reg 8 Disposal

requirements for

toxic and corrosive

substances

D5 Reg 9 Disposal

requirements for

ecotoxic substances

D6 Reg 10 Disposal

requirements for

packages


requirements for

manufacturers,

importers and

suppliers, and

persons in charge


requirements for

manufacturers,


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importers and

suppliers, and

persons in charge



EM1 Regs 6, 7, 9

– 11

Level 1 information

requirements for

suppliers and

persons in charge


requirements for

toxic substances


requirements for

ecotoxic substances

EM8 Regs 12 –

16, 18 – 20

Level 2 information

requirements for

suppliers and

persons in charge

EM9 Reg 17 Additional

information

requirements for

flammable and

oxidising substances

and organic

peroxides

EM10 Regs 21 –

24

Fire extinguisher

requirements

EM11 Regs 25 –

34

Level 3 emergency

management



emergency response

plans

EM12

Regs 35 –

41

Level 3 emergency

management

requirements:

secondary

containment


regulation 36:









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containment system.








management

requirements:

signage




requirements

(including test

certificate and

qualification

requirements)



TR1 Regs 4(1), 5,

6

General tracking

requirements



Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Additional Controls







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substance.

Explanatory note:




2004.pdf .

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

Notice 2004

The following clause replaces clause 1(1) of Schedule 9 of the Hazardous Substances (Dangerous Goods and


(1) This clause applies to every secondary containment system to which regulation 39 of the Hazardous

Substances (Emergency Management) Regulations 2001 applies if any stationary container located within

the secondary containment system is used to contain this substance.

Explanatory note:

This schedule prescribes the controls relating to secondary containment. The requirements of this schedule are



2004.pdf .



The following clause replaces clause 1 of Schedule 10 of the Hazardous Substances (Dangerous Goods and


(1) This Schedule applies to this substance.

Explanatory note:

This schedule prescribes the controls for the adverse effects of unintended ignition of class 2 and 3.1

flammable substances. 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 .

S77A Water restriction

(1) This substance must not be applied onto or into water.

(2) In subclause (1), ‘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 or water used to rinse the container after use.







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AC1: IDENTIFICATION AS AN ORGANOPHOSPHATE

CONTROL/LABEL STATEMENT

(1) From 15 September 2017—

(a) a person must not supply this substance to any other person unless the substance label clearly

states that the substance is an organophosphate-containing substance.

(b) a person who is in charge of this substance must ensure that the packaged substance is

accompanied by the label required by subclause (1)(a).

AC2: RESTRICTION ON METHOD OF APPLICATION

CONTROL

(1) From 15 March 2016, no person can apply the substance using aerial application methods.

(2) From 15 September 2020, no person can apply the substance—

(a) outdoors, unless the substance is applied—

(i) by dipping; or

(ii) as a spot treatment by knapsack, handgun or handheld fogger; or

(b) indoors, unless the substance is applied—

(i) by dipping;


(iii) using fully automated application equipment.

(3) The person in charge of the application of this substance must ensure that the application is carried out in

accordance with the restrictions noted in subclauses (1) and (2).

INFORMATION

(4) From 15 March 2016—

(a) a person must not supply this substance to any other person unless the packaged substance is

accompanied by information that states that aerial application of this substance is prohibited.


accompanied by the information required by subclause (4)(a).

LABEL STATEMENT


(a) a person must not supply this substance to any other person unless the substance label specifies the

restrictions relating to application equipment and techniques in accordance with subclauses (1) and

(2); and



AC3: APPLICATION PARAMETERS

CONTROL

(1) From 15 March 2016, the person in charge of the application of this substance and any person applying

the substance must ensure that the substance is not applied in a Sensitive Area.

(2) From 15 September 2017, the person in charge of the application of this substance and any person

applying the substance must ensure that application of the substance is carried out in accordance with the


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following application restrictions:

(a) when applied indoors, the substance must not be applied at a rate in excess of 0.05 g dichlorvos /

m3; and

(b) when applied outdoors in a wide-dispersive manner, the substance must not be applied—

(i) at a rate in excess of 2400 g dichlorvos / ha; and

(ii) on the same area of land more than three times per year.

INFORMATION

(3) From 15 March 2016—


accompanied by information that states that application of this substance in a Sensitive Area is

prohibited; and



LABEL STATEMENT


(a) a person must not supply this substance to any other person unless the substance label shows the

restrictions specified by subclauses (1) and (2); and



(5) From 15 September 2020, despite subclause (4), the substance label is not required to show the

restrictions specified by subclause (2)(b).

AC4: MAXIMUM HANDLING QUANTITY

CONTROL



relevant maximum handling quantities set out in Table HSR000211-2:

Table HSR000211-2. Maximum handling quantities applying to different application methods.

Application Method Maximum handling quantity /

g (dichlorvos) per person per 24 hour period

Handgun 15

Handheld fogger 15

Knapsack 15

Trolley boom 1300

Semi-automated sprayer 1300

Fully automated spray 1300

Fully automated fogger 1300

Dipping 600


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Outdoor (boom, airblast) 7200



relevant maximum handling quantities set out in Table HSR000211-3:




Handgun 15

Handheld fogger 15

Knapsack 15

Trolley boom 15




Dipping 600

Outdoor (boom, airblast) Application methods prohibited

LABEL STATEMENT







restrictions specified by subclause (1).

AC5: PERSONAL PROTECTIVE EQUIPMENT

CONTROL

(1) From 15 September 2017, any person who is—

(a) handling, mixing, loading or applying this substance; or

(b) present in an Application Area or Enclosed Space from the Start of Application until the end of

the Restricted Entry Interval (REI);

must meet the following minimum standards for protective equipment by wearing the following:

Full Personal Protective Equipment (PPE):

Chemical resistant coveralls

Chemical resistant gloves


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Chemical resistant footwear plus socks

Protective eyewear

Chemical resistant headgear for overhead exposures

Respiratory Protective Equipment (RPE):

Respiratory protective equipment (with an appropriate protection factor) to protect against respiratory

exposure to the substance in dust, mist, gas or vapour forms of the substance.

(2) However, subclause (1) does not apply in relation to hazardous substances in a closed package that

complies with the Hazardous Substances (Packaging) Regulations 2001.

(3) From 15 September 2017, a person in charge of a substance specified in subclause (1) must ensure that

protective clothing or equipment used to handle the substance is accompanied by documentation

containing information specifying—

(a) the circumstances in which the clothing or equipment may be used; and

(b) the requirements for maintaining the clothing or equipment.

(4) In subclause (3)(a), circumstances include, if relevant, the presence of other substances, and the

temperatures and pressures in or at which the clothing or equipment may be used.

(5) The documentation provided under subclause (3) must comply with regulation 48 of the Hazardous

Substances (Identification) Regulations 2001.

LABEL STATEMENT


(a) where PPE or RPE is prescribed under subclause (1), a person must not supply this substance to

any other person unless the substance label specifies the PPE and RPE required to be worn during

the following lifecycle stages, in accordance with subclause (1):

(i) mixing;

(ii) loading;

(iii) application; or

(iv) re-entry into treated areas; and



AC6: RESTRICTED ENTRY

CONTROL

(1) From 15 September 2017, the person in charge of the Application Area must take all practicable steps to

ensure that, when this substance is being discharged, no person is present—

(a) in the Enclosed Space (for indoor applications);

(b) in the Application Area (for outdoor applications).

(2) Subclause (1) does not apply to a person applying the substance.

(3) Subclause (1)(b) does not apply to—

(a) application of the substance by dipping; or

(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger.


September2015

(4) From 15 September 2017, the person in charge of the Application Area must take all practicable steps to

ensure that, from the End of Application until the end of the Restricted Entry Interval (REI), no person

enters the—

(a) Enclosed Space (for indoor applications); or

(b) Application Area (for outdoor applications).




(6) For avoidance of doubt, from 15 September 2020, subclauses (1)(b) and (4)(b) do not apply to any of the

allowed methods for outdoor application, as specified in Additional Control 2 (AC2).

(7) From 15 September 2017, the person in charge of the Application Area and the person in charge of the

Treated Produce Storage Location must take all practicable steps to ensure that no person enters the

Treated Produce Storage Location, from the time any produce treated with the substance is moved to

that location, until—

(a) the end of the REI; or

(b) the concentration of dichlorvos in the air space of the treated produce is less than 0.05 ppm, as

measured by a direct-indication short-term concentration monitoring device.

(8) The REI for this substance is—

(a) 24 hours (for indoor applications - greenhouse);

(b) 48 hours (for indoor applications - non-greenhouse);

(c) 24 hours (for outdoor applications where the substance is applied at rates of less than 2000 g

(dichlorvos) / ha); and

(d) 48 hours (for outdoor applications where the substance is applied at rates of between 2000 and 2400

g (dichlorvos) / ha).

(9) Despite subclauses (1) to (7), a person can enter the Enclosed Space, Application Area or Treated

Produce Storage Location within the REI, provided—

(a) full PPE and RPE is worn, meeting the requirements of Additional Control 5 (AC5); and

(b) the person is present in the Enclosed Space, Application Area or Treated Produce Storage

Location for a total period of less than 30 minutes in any 24 hour period.

(10) Despite subclause (4), for outdoor applications where the substance is applied at rates of between 2000

and 2400 g (dichlorvos) / ha, a person may enter the Application Area after 24 hours of the start of the

REI if the following PPE is worn:

Gloves;

Long-sleeved shirt;

Long trousers;

Closed shoes.

LABEL STATEMENT



requirements for the REIs and corresponding PPE and RPE, in accordance with subclause (1) to

(10); and


September2015

(b) a person who is in charge of this substance must ensure that the substance label shows the

information required by subclause (11)(a).


requirements for the REIs and corresponding PPE and RPE specified by subclauses (1)(b), (3), (4)(b), (5),

(8)(c) and (d), and (11).

AC7: EXCLUSION ZONES

CONTROL

(1) For avoidance of doubt, this control does not apply to outdoor application of the substance.

(2) From 15 September 2017, the person in charge of the Application Area must establish an Exclusion

Zone that—

(a) extends to a distance of 20 m outward from the perimeter of the Enclosed Space; and

(b) is maintained from the Start of Application until at least 2 hours from the End of Application.

(3) No person is permitted to be present in an Exclusion Zone for more than 15 minutes in any 24 hour

period.

(4) Despite subclause (3), a person may enter the Exclusion Zone for longer than 15 minutes if that person

is wearing RPE that meets the requirements of Additional Control 5 (AC5).

(5) The person in charge of the Enclosed Space and the person in charge of the application must take all

practicable steps to ensure that no person is present in the Exclusion Zone, unless that person complies

with (4).

LABEL STATEMENT



requirements for the REIs and corresponding RPE, in accordance with subclauses (2) to (5).



AC8: BUFFER ZONES

CONTROL


application of this substance must ensure that the substance is not applied within 20 m of a downwind

Sensitive Area.

(2) Subclause (1) does not apply to—

(a) indoor application of the substance;

(b) application of the substance by dipping; or

(c) spot-treatment application of the substance by knapsack, handgun or handheld fogger.

LABEL STATEMENT



requirements for Buffer Zones, in accordance with subclauses (1) and (2); and




September2015

AC9: SIGNAGE

CONTROL



application of the substance must ensure that signs are—

(a) erected outside of the Enclosed Space, at every routine point of entry into the Enclosed Space;

and

(b) posted from the Start of Application, until the end of the REI.

(3) Signs erected in accordance with subclause (2) must state—

(a) that application is being carried out using a substance that is toxic to humans;

(b) that entry into the Enclosed Space is not permitted unless PPE and RPE are worn;

(c) the required PPE and RPE to be worn for entry into the Enclosed Space;

(d) the day on which the application commenced; and

(e) the time and date of the end of the REI.

(4) Signs erected in accordance with subclauses (2) and (3) must—

(a) comply with regulation 34(1), (2), and (4) and regulation 35(1), (3), and (5) of the Hazardous

Substances (Identification) Regulations 2001, but as if the distances referred to in regulation 35(3)

were a distance of not less than 10 metres; and

(b) identify the person in charge of the application.

(5) Signs must be removed within 3 days (72 hours) of the end of REI.

AC10: PERMISSIONS

CONTROL

(1) From 15 September 2017, a person must not apply this substance if a Sensitive Area is located (either

partially or entirely) within the Exclusion Zone, unless a permission to do so has first been obtained from

the Authority under section 95A of the Hazardous Substances and New Organisms Act 1996.


(a) application of the substance by dipping;

(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger ; or

(c) outdoor application of the substance.

LABEL STATEMENT


(a) a person must not supply this substance to any other person unless the substance label includes the

information required by subclauses (1) and (2); and



AC11: NOTIFICATION

CONTROL


September2015

(1) From 15 September 2017, a person who applies the substance must ensure that all reasonable measures

have been taken to give notice of the operation to the occupants of every Sensitive Area within (either

partially or entirely) 100 m of the perimeter of—

(a) the Enclosed Space (for indoor applications); or

(b) the Application Area (for outdoor applications).




(3) The notice referred to in subclause (1) must—

(a) be given at least 12 hours, but no more than 48 hours, in advance of the Start of Application; and

(b) specify—

(i) the date and approximate time and duration of the application activity, including ventilation;

(ii) the steps to be taken by the notified parties to avoid exposure; and

(iii) contact details for the person in charge of the application (including phone number for

immediate contact, and email or postal address).

LABEL STATEMENT


(a) a person must not supply this substance to any other person unless the substance label shows that

requirements for notification in accordance with the requirements of subclauses (1) to (3); and




requirements for notification specified by subclause (1)(b).

AC12: IMPURITIES

CONTROL

Any person importing this substance, or manufacturing this substance in New Zealand, must ensure that the

specified impurities in the dichlorvos component meet the following restrictions:

Chloral [CAS 75-87-6]: 5 g / kg maximum;

Water [CAS 7732-18-5]: 0.5 g / kg maximum;

Methyl chloride [CAS 74-87-3]: 5 g / kg maximum;

Trimethylphosphate [CAS 512-56-1]: 4 g / kg maximum.

Definitions:

Application Area means—

(a) for indoor application, an area within an Enclosed Space within which the substance—

(i) has been applied; or

(ii) is intended to be applied; or

(b) for outdoor application, the area within the boundary defined by the outer extremity of an area within


September2015

which the substance—


(ii) is intended to be applied.

Buffer Zone means an area extending a specified distance downwind from an Application Area, which must

not contain any Sensitive Area. A Buffer Zone prescribes the closest point of discharge of the substance to a

Sensitive Area.

Chemical resistant, in terms of PPE, means the equipment is constructed in a manner that provides a

specified reduction in dermal exposure to the substance, as follows:

PPE item % reduction value

Gloves ≥90

Coverall, footwear and

head-gear ≥95

Enclosed Space means—

(a) any structure or structures with an internal airspace, or air supply, in common; or

(b) parts of a structure with an internal airspace, or air supply, in common.

End of Application means the time when the substance was last applied within the Application Area for a

single application event.

Exclusion Zone means an area extending outward, to a specified distance, from the perimeter of each

Enclosed Space.

Fully automated, in terms of application equipment, means application equipment that does not require an

operator to be in the Enclosed Space to apply the substance. Fully automated equipment must be operated in

a manner that does not require an operator to be in the same Enclosed Space as the application equipment

for the duration of the application. If operators have to enter the same Enclosed Space as the application

equipment during application, then the equipment is not considered to be fully automated.

Manual, in terms of application equipment and methods, means the operation of the application equipment by

a person who is in the Application Area at any time during application of the substance.

Non-occupational bystander means any person who lives, works or attends school or any another institution

or location adjacent to an area that has been treated with the substance, but whose presence is incidental and

unrelated to work involving the substance.

Personal Protective Equipment (PPE) means clothing or equipment that is designed, constructed and used

to ensure that the person does not come into contact with the substance.


September2015

Respiratory Protective Equipment (RPE) means an item of PPE that is worn or used by a person specifically

to ensure that the person is protected against inhalation of the substance.

Restricted Entry Interval (REI) means—

(a) for greenhouse use, a period of time commencing when the substance was last applied within the

Enclosed Space; or

(b) for non-greenhouse use, a period of time commencing at the start of ventilation;

Explanatory note: during the REI, there are entry restrictions as specified by Additional Control 6.

Sensitive Area means residential dwellings and sites such as schools, playgrounds, early childhood centres,

prisons, hospitals or long-term care facilities, and any place where non-occupational bystanders are present

or could normally be expected to be present.

Spot treatment means small-scale manual application of the substance in a targeted manner, to localised or

restricted areas (i.e. not complete coverage). Spot treatment excludes broad-acre or wide-dispersive

application by methods such as boom or air-blast sprayer, or aerial application.

Start of Application means the time when the substance is first applied within the Application Area for a


Treated Produce Storage Location means an Enclosed Space that does not contain the Application Area,

where produce treated with the substance is placed.

Ventilation means the deliberate release, after the End of Application, of the atmosphere in an Enclosed

Space where the substance was applied, intended to reduce the airborne dichlorvos concentration.


September2015

HSR000213 - Emulsifiable concentrate containing 1140 g/litre dichlorvos

Table HSR000213-1. Controls for the substance “Emulsifiable concentrate containing 1140 g/litre

dichlorvos” (HSR000213)



T1 Regs 11 –

27


toxic substances


TELs


time.

T2 Regs 29, 30 Controlling exposure

in places of work


WESs.







Exposure Standards”, published by the Ministry of Business,

Innovation and Employment, February 2013, available at






keeping records of

use















Enclosed Space:





substance:








September2015

requirements of Additional Control 4 (AC4);








equipment used to

handle substances


protective clothing

and equipment


this substance.




T6 Reg 9 Approved

handler/security

requirements for

certain toxic

substances



regulation 9:















driver licence; and








Code; or




September2015
























corrosive substances

on passenger service

vehicles



E1 Regs 32 –

45


ecotoxic substances


EELs






time.

E2 Regs 46 –

48

Restrictions on use

of substances in

application areas


protection of

terrestrial

invertebrates eg

beneficial insects


September2015


keeping records of

use















Enclosed Space:





substance:











equipment used to

handle substances

E7 Reg 9 Approved

handler/security

requirements for

certain ecotoxic

substances



regulation 9:





land—





September2015








driver licence; and



or






Code; or




















dropping.







September2015


I1 Regs 6, 7,

32 – 35,

36(1) – (7)

Identification



accessibility,

comprehensibility,



ecotoxic substances


toxic substances


for all hazardous

substances


for ecotoxic

substances




names


using concentration

ranges

I19 Regs 29 –

31

Additional

information

requirements,


where substances

are in multiple

packaging



6.1 substances

I21 Regs 37 –

39, 47 – 50

General

documentation

requirements

I23 Reg 41 Specific

documentation

requirements for

ecotoxic substances

I28 Reg 46 Specific

documentation

requirements for


September2015

toxic substances


requirements





P1 Regs 5, 6,

7(1), 8

General packaging

requirements


substances to be

packaged to a

standard not

meeting Packing

Group I, II or III

criteria


requirements for

toxic substances

Regulation 19 of the Hazardous Substances (Packaging)

Regulations 2001

Subclause (1)(a) of regulation 19 applies as if the words

“Schedule 1” was replaced by “Schedule 2”.

Explanatory Note:

This means that the packaging for this substance must

conform to the conditions of Packing Group II (PG2).


requirements for

ecotoxic substances


requirements

equivalent to UN

Packing Group II


requirements as

specified in

Schedule 4


September2015



D4 Reg 8 Disposal

requirements for

toxic and corrosive

substances

D5 Reg 9 Disposal

requirements for

ecotoxic substances

D6 Reg 10 Disposal

requirements for

packages


requirements for

manufacturers,

importers and

suppliers, and

persons in charge


requirements for

manufacturers,

importers and

suppliers, and

persons in charge



EM1 Regs 6, 7, 9

– 11

Level 1 information

requirements for

suppliers and

persons in charge


requirements for

toxic substances


requirements for

ecotoxic substances

EM8 Regs 12 –

16, 18 – 20

Level 2 information

requirements for

suppliers and

persons in charge

EM11 Regs 25 –

34

Level 3 emergency

management


September2015



emergency

response plans

EM12

Regs 35 –

41

Level 3 emergency

management

requirements:

secondary

containment


regulation 36:









containment system.








37:




less—




pooling potential:





(ii) 5,000 litres.


be segregated where appropriate to ensure that




38:




September2015

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—










(ii) 5,000 litres






management

requirements:

signage




requirements

(including test

certificate and

qualification

requirements)



TR1 Regs 4(1), 5,

6

General tracking

requirements



Tank

Wagon

Regs 4 to 43

as applicable

Controls relating to

tank wagons and

transportable

containers.


September2015

Additional Controls



The following clause replaces clause 1 (1) of Schedule 8 of the Hazardous Substances (Dangerous Goods

and Scheduled Toxic Substances) Transfer Notice 2004:


substance.

Explanatory note:




2004.pdf .


(1) This substance must not be applied onto or into water..












CONTROL

(1) From 15 March 2016, no person can apply the substance using aerial application methods.

(2) From 15 September 2020, no person can apply the substance—

(a) outdoors, unless the substance is applied—

(i) by dipping; or


(b) indoors, unless the substance is applied—

(i) by dipping;


(iii) using fully automated application equipment.




September2015


accordance with the restrictions noted in subclauses (1) and (2).

INFORMATION

(4) From 15 March 2016—


accompanied by information that states that aerial application of this substance is prohibited.



LABEL STATEMENT


(a) a person must not supply this substance to any other person unless the substance label specifies

the restrictions relating to application equipment and techniques in accordance with subclauses (1)

and (2); and




CONTROL


the substance must ensure that the substance is not applied in a Sensitive Area.


applying the substance must ensure that application of the substance is carried out in accordance with

the following application restrictions:

(a) when applied indoors, the substance must not be applied at a rate in excess of 0.05 g dichlorvos /

m3; and

(b) when applied outdoors in a wide-dispersive manner, the substance must not be applied—

(i) at a rate in excess of 2400 g dichlorvos / ha; and

(ii) on the same area of land more than three times per year.

INFORMATION

(3) From 15 March 2016—


accompanied by information that states that application of this substance in a Sensitive Area is

prohibited; and



LABEL STATEMENT








September2015

restrictions specified by subclause 2(b).


CONTROL



the relevant maximum handling quantities set out in Table HSR000213-2:




Handgun 15

Handheld fogger 15

Knapsack 15

Trolley boom 1300




Dipping 600

Outdoor (boom, airblast) 7200



the relevant maximum handling quantities set out in Table HSR000213-3:

Table HSR000213--3. Maximum handling quantities applying to different application methods.



Handgun 15

Handheld fogger 15

Knapsack 15

Trolley boom 15




Dipping 600

Outdoor (boom, airblast) Application methods prohibited


September2015

LABEL STATEMENT







restrictions specified by subclause (1).


CONTROL

(1) From 15 September 2017, any person who is—

(a) handling, mixing, loading or applying this substance; or

(b) present in an Application Area or Enclosed Space from the Start of Application until the end of

the Restricted Entry Interval (REI);



Chemical resistant coveralls.

Chemical resistant gloves.

Chemical resistant footwear plus socks.

Protective eyewear.

Chemical resistant headgear for overhead exposures.


Respiratory protective equipment (with an appropriate protection factor) to protect against

respiratory exposure to the substance in dust, mist, gas or vapour forms of the substance.












LABEL STATEMENT




September2015



(i) mixing:

(ii) loading;

(iii) application; or

(iv) re-entry into treated areas; and



AC6: RESTRICTED ENTRY

CONTROL

(1) From 15 September 2017, the person in charge of the Application Area must take all practicable steps

to ensure that, when this substance is being discharged, no person is present—

(a) in the Enclosed Space (for indoor applications);

(b) in the Application Area (for outdoor applications).



(c) application of the substance by dipping; or

(d) spot-treatment application of the substance by knapsack, handgun or handheld fogger.


to ensure that, from the End of Application until the end of the Restricted Entry Interval (REI), no

person enters the—

(a) Enclosed Space (for indoor applications); or

(b) Application Area (for outdoor applications).




(6) For avoidance of doubt, from 15 September 2020, subclauses (1)(b) and (4)(b) do not apply to any of the

allowed methods for outdoor application, as specified in Additional Control 2(AC2).


Treated Produce Storage Location must take all practicable steps to ensure that no person enters the







(a) 24 hours (for indoor applications - greenhouse);

(b) 48 hours (for indoor applications - non-greenhouse);

(c) 24 hours (for outdoor applications where the substance is applied at rates of less than 2000 g

(dichlorvos) / ha); and


September2015

(d) 48 hours (for outdoor applications where the substance is applied at rates of between 2000 and

2400 g (dichlorvos) / ha).

(9) Despite subclauses (1) to (7), a person can enter the Enclosed Space, Application Area or Treated

Produce Storage Location within the REI, provided—




(10) Despite subclause (4), for outdoor applications where the substance is applied at rates of between 2000

and 2400 g (dichlorvos) / ha, a person may enter the Application Area after 24 hours of the start of the

REI if the following PPE is worn:

Gloves;

Long-sleeved shirt;

Long trousers;

Closed shoes.

LABEL STATEMENT



requirements for the REIs and corresponding PPE and RPE, in accordance with subclause (1) to

(10); and




requirements for the REIs and corresponding PPE and RPE specified by subclauses (1)(b), (3), (4)(b),

(5), (8)(c) and (d), and (11).


CONTROL



Zone that—




period.

(4) Despite (3), a person may enter the Exclusion Zone for longer than 15 minutes if that person is wearing

RPE that meets the requirements of Additional Control 5 (AC5).



with subclause (4).

LABEL STATEMENT



September2015





AC8: BUFFER ZONES

CONTROL


application of this substance must ensure that the substance is not applied within 20m of a downwind

Sensitive Area.


(a) indoor application of the substance;

(b) application of the substance by dipping; or

(c) spot-treatment application of the substance by knapsack, handgun or handheld fogger.

LABEL STATEMENT



requirements for Buffer Zones, in accordance with subclauses (1) and (2); and



AC9: SIGNAGE

CONTROL





and















September2015

AC10: PERMISSIONS

CONTROL





(a) application of the substance by dipping;

(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger ; or

(c) outdoor application of the substance.

LABEL STATEMENT






AC11: NOTIFICATION

CONTROL

(1) From 15 September 2017, a person who applies the substance must ensure that all reasonable

measures have been taken to give notice of the operation to the occupants of every Sensitive Area

within (either partially or entirely) 100 m of the perimeter of—

(a) the Enclosed Space (for indoor applications); or

(b) the Application Area (for outdoor applications).






(b) specify—





LABEL STATEMENT



requirements for notification in accordance with the requirements of (1) to (3); and


information required by subclause (4)(b).



September2015

requirements for notification specified by subclause (1)(b).

AC12: IMPURITIES

CONTROL

Any person importing this substance, or manufacturing this substance in New Zealand, must ensure that the

specified impurities in the dichlorvos component meet the following restrictions:

Chloral [CAS 75-87-6]: 5 g / kg maximum;

Water [CAS 7732-18-5]: 0.5 g / kg maximum;

Methyl chloride [CAS 74-87-3]: 1 g / kg maximum;

Trimethylphosphate [CAS 512-56-1]: 4 g / kg maximum.

Definitions:











Sensitive Area.




Gloves ≥90


head-gear ≥95







September2015


Enclosed Space.













Respiratory Protective Equipment (RPE) means an item of PPE that is worn or used by a person

specifically to ensure that the person is protected against inhalation of the substance.



Enclosed Space; or













September2015





September2015

HSR000212 - Aerosol containing 50 g/kg dichlorvos

Table HSR000212-1. Controls for the substance “Aerosol containing 50 g/kg dichlorvos”

(HSR000212)



T1 Regs 11 –

27


toxic substances


TELs


time.


in places of work


WESs.







Exposure Standards”, published by the Ministry of Business,

Innovation and Employment, February 2013, available at






keeping records of

use















Enclosed Space:




substance:

(l) number of cylinder changes, by each person



(m) quantity of dichlorvos manually applied by each






September2015

person involved in the application of the substance,

in relation to the requirements of Additional

Control 4 (AC4):

(n) measures implemented to monitor worker


(o) where notification is required under Additional





equipment used to

handle substances


protective clothing

and equipment


this substance.




T6 Reg 9 Approved

handler/security

requirements for

certain toxic

substances



regulation 9:





land—











driver licence; and



or







September2015

Code; or




















dropping.









vehicles



E1 Regs 32 –

45


ecotoxic substances

through the setting

of EELs

Regulation 32 of the Hazardous Substances (Classes 6, 8,

and 9 Controls) Regulations 2001




time.

E2 Regs 46 –

48

Restrictions on use

of substances in

application areas


September2015


protection of

terrestrial

invertebrates e.g.

beneficial insects


keeping records of

use















Enclosed Space:




substance:

(l) number of cylinder changes, by each person



(m) quantity of dichlorvos manually applied by each

person involved in the application of the substance,

in relation to the requirements of Additional

Control 4 (AC4):

(n) measures implemented to monitor worker


(o) where notification is required under Additional





equipment used to

handle substances

E7 Reg 9 Approved

handler/security

requirements for

certain ecotoxic



regulation 9:


September2015

substances 9A Exception to approved handler requirement for




land—











driver licence; and



or






Code; or




















dropping.



September2015






I1 Regs 6, 7,

32 – 35,

36(1) – (7)

Identification



accessibility,

comprehensibility,



ecotoxic substances


toxic substances


for all hazardous

substances


for ecotoxic

substances




names


using concentration

ranges

I19 Regs 29 –

31

Additional

information

requirements,


where substances

are in multiple

packaging



6.1 substances


September2015

I21 Regs 37 –

39, 47 – 50

General

documentation

requirements

I23 Reg 41 Specific

documentation

requirements for

ecotoxic substances

I28 Reg 46 Specific

documentation

requirements for

toxic substances


requirements





D4 Reg 8 Disposal

requirements for

toxic and corrosive

substances

D5 Reg 9 Disposal

requirements for

ecotoxic substances

D6 Reg 10 Disposal

requirements for

packages


requirements for

manufacturers,

importers and

suppliers, and

persons in charge


requirements for

manufacturers,

importers and

suppliers, and

persons in charge



September2015


EM1 Regs 6, 7, 9

– 11

Level 1 information

requirements for

suppliers and

persons in charge


requirements for

toxic substances


requirements for

ecotoxic substances

EM8 Regs 12 –

16, 18 – 20

Level 2 information

requirements for

suppliers and

persons in charge

EM11 Regs 25 –

34

Level 3 emergency

management



emergency

response plans


management

requirements:

signage




requirements

(including test

certificate and

qualification

requirements)



TR1 Regs 4(1), 5,

6

General tracking

requirements

Hazardous Substances (Compressed Gases) Regulations 2004


September2015


CG The Hazardous Substance

(Compressed Gases)

Regulations 2004 prescribe a

number of controls relating to

compressed gases including

aerosols and gas cylinders.

Additional controls














CONTROL

(1) From 15 September 2020 no person can apply the substance, unless the application is by fully

automated equipment.


accordance with the requirements of subclause (1).

LABEL STATEMENT


(a) a person must not supply this substance to any other person unless the substance label specifies

the application equipment or techniques that may be used to apply the substance, in accordance

with subclause (1); and


accompanied by the label required by subclause (3)(a)


CONTROL


the substance must ensure that the substance is not applied—


September2015

(a) in a Sensitive Area; or

(b) outdoors.


applying the substance must ensure that the substance is not applied at a rate in excess of 0.05 g

dichlorvos / m3.

INFORMATION

(3) From 15 March 2016—


accompanied by information that states that application of this substance is prohibited—

(i) in a Sensitive Area; or

(ii) outdoors; and



LABEL STATEMENT







CONTROL



the following application restriction:

(a) for applications using fully automated equipment, a person must not carry out more than 2 cylinder

changes of the substance in any 24 hour period:

(b) for manual applications, a person must not apply in excess of 18.75 g (dichlorvos) in any 24 hour

period.

(2) For avoidance of doubt, from 15 September 2020, subclause (1)(b) does not apply because manual

application of this substance is not allowed by the restrictions imposed by Additional Control 2(AC2).

LABEL STATEMENT


(a) a person must not supply this substance to any other person unless the substance label shows any

restrictions specified by subclause (1); and




restrictions specified by subclause (1)(b).


CONTROL


September2015

(1) From 15 September 2017, any person—

(a) who is carrying out cylinder connections or disconnections must meet the following minimum

standards for protective equipment by wearing the following:


Chemical resistant gloves.



respiratory exposure to the substance in dust, mist, gas or vapour forms of the substance;

or,

(b) who is—

(i) present in an Application Area or Enclosed Space from the Start of Application until the

end of the Restricted Entry Interval (REI); or

(ii) manually applying the substance;



Chemical resistant coveralls

Chemical resistant gloves

Chemical resistant footwear plus socks

Protective eyewear

Chemical resistant headgear for overhead exposures



respiratory exposure to the substance in dust, mist, gas or vapour forms of the substance.












LABEL STATEMENT





September2015


connecting and disconnecting cylinders;

application;

re-entry into treated areas; and




restrictions specified by subclause (1)(b)(ii).

AC6: RESTRICTED ENTRY INTERVAL (REI)

CONTROL


to ensure that no person—

(a) is present in the Enclosed Space, when this substance is being discharged;

(b) enters the Enclosed Space, from the End of Application until the end of the Restricted Entry

Interval (REI);



Treated Produce Storage Location must ensure that no person who is authorised to be there enters the







(a) 24 hours (for greenhouse applications);

(b) 48 hours (for non-greenhouse applications).

(5) Despite subclause (1) to (3), a person can enter the Enclosed Space or Treated Produce Storage

Location within the REI, provided—




LABEL STATEMENT



requirements for the REIs and corresponding PPE and RPE, in accordance with subclauses (1) to

(5); and





September2015

CONTROL


Zone that—




period.

(3) Despite subclause (2), a person may enter the Exclusion Zone for longer than 15 minutes if if that

person is wearing RPE that meets the requirements of Additional Control 5 (AC5) are worn.



with subclause (3).

LABEL STATEMENT






AC9: SIGNAGE

CONTROL





and














AC10: PERMISSIONS


September2015

CONTROL




(2) Subclause (1) does not apply to spot-treatment application of the substance.

LABEL STATEMENT







requirements for permissions specified by subclause (2).

AC11: NOTIFICATION

CONTROL

(1) From 15 September 2017, a person who applies the substance must ensure that all reasonable

measures have been taken to give notice of the operation to the occupants of every Sensitive Area

within (either partially or entirely) 100 m of the perimeter of the Enclosed Space.

(2) Subclause (1) does not apply to spot-treatment application of the substance.



(b) specify—





LABEL STATEMENT



requirements for notification in accordance with the requirements of subclauses (1) to (3); and


information required by subclause (4)(b).


requirements for notification specified by subclause (2).

AC12: IMPURITIES

CONTROL

The dichlorvos component of this substance must not contain the following impurities in concentrations greater

than the following—

Chloral [CAS 75-87-6]: 5 g / kg;


September2015

Water [CAS 7732-18-5]: 0.5 g / kg

Methyl chloride [CAS 74-87-3]: 5 g / kg;

Trimethylphosphate [CAS 512-56-1]: 4 g / kg.

Definitions:











Sensitive Area.




Gloves ≥90


head-gear ≥95







Enclosed Space







September2015








Respiratory Protective Equipment (RPE) means an item of PPE that is worn or used by a person

specifically to ensure that the person is protected against inhalation of the substance.



Enclosed Space; or
















September2015

Part 2: Controls for use of substances with revoked approvals


September2015

HSR000207 - Flammable aerosol containing 3.1 g/litre dichlorvos and 8.7 g/litre propoxur

Note: import or manufacture of this substance is no longer permitted. Existing stocks must be disposed of by 15 March 2016

Table HSR000207-1: Controls for the substance “Flammable aerosol containing 3.1 g/litre dichlorvos

and 8.7 g/litre propoxur“

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001


F1 Reg 7 General test

certification

requirements for

hazardous substance

locations

F2 Reg 8 Restrictions on the

carriage of flammable

substances on

passenger service

vehicles

F3 Reg 55 General limits on

flammable

substances

F4 Reg 56 Approved

handler/security

requirements for

certain flammable

substances

Regulation 56 of the Hazardous Substances (Classes 1 to 5

Controls) Regulations 2001


regulation 56:





(i) by rail, the person who drives the rail vehicle that is

transporting the substance is fully trained in accordance with

the approved safety system for the time being approved

under section 6D of the Transport Services Licensing Act

1989; and

(ii) other than by rail, the person who drives, loads, and

unloads the vehicle that is transporting the substance has a

current dangerous goods endorsement on his or her driver

licence; and





September2015


(i) Maritime Rules: Part 24A – Carriage of Cargoes –

Dangerous Goods (MR024A):

(ii) International Maritime Dangerous Goods Code; or

(c) when this substance is being transported by air,

Part 92 of the Civil Aviation Rules is complied with.



container to which the Hazardous Substances (Tank Wagons

and Transportable Containers) Regulations 2004 applies; but


intermediate bulk container that complies with chapter 6.5 of

the UN Model Regulations.



personnel loading and managing this substance within an

aerodrome; but


(i) the handling of this substance in any place that is

not within an aerodrome; or

(ii) the loading and managing of this substance for the

purpose of aerial spraying or dropping.


revised edition of the Recommendation on the Transport of

Dangerous Goods Model Regulations, published in 2003 by

the United Nations.

F5 Regs 58, 59 Requirements

regarding hazardous

atmosphere zones for

class 2.1.1, 2.1.2 and

3.1 substances

F6 Regs 60 –

70

Requirements to

prevent unintended

ignition of class 2.1.1,

2.1.2 and 3.1

substances

F11 Reg 76 Segregation of

incompatible

substances

F12 Regs 77 Requirement to

establish a hazardous

substance locations if

flammable

substances are

present


September2015

F14 Reg 81 Test certification

requirements for

facilities where class

2.1.1, 2.1.2 or 3.1

substances are

present

Regulation 81 of the Hazardous Substances (Classes 1 to 5

Controls) Regulations 2001

A hazardous substance location does not require a test

certificate if—

(a) the hazardous substance location is situated on a

farm of not less than 4 hectares; and

(b) the combined quantity of each class 3.1B or class

3.1C substance and any petrol, aviation gasoline, or racing

gasoline stored at the location is less than 2,000 litres; and

(c) either—

(i) the following requirements are complied with:

(A) each substance is stored in 1 or more secure

containers, each of which has a capacity of less than 250

litres; and

(B) each container complies with regulation 11 and

Schedule 2 of the Hazardous Substances (Packaging)

Regulations 2001; and

(C) each container is—

(1) situated not less than 15 metres from any area of

high intensity land use or area of regular habitation; and

(2) situated either in the open or in a well-ventilated

building; and

(3) in a compound or located so that any spillage of the

substance will not endanger any building, or flow into any

stream, lake, or natural water; or

(ii) the following requirements are complied with:

(A) each substance is stored in an above ground

stationary tank that complies with the Stationary Container

Controls in Schedule 8 of the Hazardous Substances

(Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004, as amended by this Schedule; and

(B) each of the above ground stationary tanks is

situated—

(1) not less than 20 metres from any area of high-

intensity land use or area of regular habitation; and

(2) 6 metres from any combustible materials; and

(3) in a compound or located so that any spillage of the

substance will not endanger any building, or flow into any

stream, lake, or natural water.

F16 Reg 83 Controls on transit

depots where

flammable

substances are

present


September2015



T1 Regs 11 –

27


toxic substances


TELs


time.


in places of work


WESs.


Under regulation 29(2) of the Hazardous Substance

(Classes 6, 8, and 9 Controls) Regulations 2001, the

Authority adopts as workplace exposure standards for

this substance, and each component of this substance,

any applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of Business,

Innovation and Employment, February 2013, 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


equipment used to

handle substances


protective clothing

and equipment





vehicles

The maximum quantity of this substance that can be carried

on a passenger service vehicle is 1.0 L per package

E1 Regs 32 –

45


ecotoxic substances


EELs






time.


equipment used to

handle substances

E7 Reg 9 Approved

handler/security

requirements for

certain ecotoxic

substances



Regulation 9(1) is replaced by:

(1) This substance must be under the personal control of an

approved handler when the substance is used by a

commercial contractor.






September2015



I1 Regs 6, 7,

32 – 35,

36(1) – (7)

Identification



accessibility,

comprehensibility,



ecotoxic substances


flammable

substances


toxic substances


for all hazardous

substances


for ecotoxic

substances


for flammable

substances



I17 Reg 26 Use of generic names


using concentration

ranges

I19 Regs 29 –

31

Additional information

requirements,


where substances are

in multiple packaging



6.1 substances

I21 Regs 37 –

39, 47 – 50

General

documentation

requirements

I23 Reg 41 Specific

documentation


September2015


requirements for

ecotoxic substances

I25 Reg 43 Specific

documentation

requirements for

flammable

substances

I28 Reg 46 Specific

documentation

requirements for toxic

substances

I29 Regs 51, 52 Signage requirements





D2 Reg 6 Disposal

requirements for

flammable

substances

D4 Reg 8 Disposal


and corrosive

substances

D5 Reg 9 Disposal

requirements for

ecotoxic substances

D6 Reg 10 Disposal

requirements for

packages


requirements for

manufacturers,

importers and

suppliers, and

persons in charge


requirements for

manufacturers,

importers and

suppliers, and

persons in charge


September2015



EM1 Regs 6, 7, 9

– 11

Level 1 information

requirements for

suppliers and persons

in charge



substances


requirements for

ecotoxic substances

EM8 Regs 12 –

16, 18 – 20

Level 2 information

requirements for


in charge

EM11 Regs 25 –

34

Level 3 emergency

management



emergency response

plans


management

requirements:

signage



AH 1 Regs 4 – 6 Approved Handler

requirements

(including test

certificate and

qualification

requirements)

Refer to control E7

Hazardous Substances (Compressed Gases) Regulations 2004


CG The Hazardous

Substance

(Compressed Gases)

Regulations 2004

prescribe a number of

controls relating to

compressed gases

including aerosols


September2015


and gas cylinders.

Additional controls

Additional Controls








The following clause replaces clause 1 of Schedule 10 of the Hazardous Substances (Dangerous Goods and


(1) This Schedule applies to this substance.

Explanatory note:

This schedule prescribes the controls for the adverse effects of unintended ignition of class 2 and 3.1 flammable

substances. 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 .



September2015

HSR000209 - Ready to use liquid containing 4.4 g/litre dichlorvos and 9.6 g/litre propoxur

Note: import or manufacture of this substance is no longer permitted. Existing stocks must be disposed of by 15 March 2016

Table HSR000209-1: Controls for the substance “Ready to use liquid containing 4.4 g/litre dichlorvos

and 9.6 g/litre propoxur “



T1 Regs 11 –

27


toxic substances


TELs


time.


in places of work


WESs.


Under regulation 29(2) of the Hazardous Substance

(Classes 6, 8, and 9 Controls) Regulations 2001, the

Authority adopts as workplace exposure standards for

this substance, and each component of this substance,

any applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of Business,

Innovation and Employment, February 2013, 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


equipment used to

handle substances


protective clothing

and equipment





vehicles

The maximum quantity of this substance that can be carried

on a passenger service vehicle is 1.0 L per package

E1 Regs 32 –

45


ecotoxic substances


EELs











September2015


time.


keeping records of

use


equipment used to

handle substances



I1 Regs 6, 7,

32 – 35,

36(1) – (7)

Identification



accessibility,

comprehensibility,





ecotoxic substances


toxic substances


for all hazardous

substances


for corrosive

substances


for ecotoxic

substances



I17 Reg 26 Use of generic names


using concentration

ranges

I19 Regs 29 –

31

Additional information

requirements,


where substances are

in multiple packaging


September2015




6.1 substances

I21 Regs 37 –

39, 47 – 50

General

documentation

requirements

I22 Reg 40 Specific

documentation

requirements for


I23 Reg 41 Specific

documentation

requirements for

ecotoxic substances

I28 Reg 46 Specific

documentation


substances

I29 Regs 51, 52 Signage requirements





P1 Regs 5, 6,

7(1), 8

General packaging

requirements


substances to be

packaged to a



III criteria



substances


requirements for



September2015



requirements for

ecotoxic substances



D4 Reg 8 Disposal


and corrosive

substances

D5 Reg 9 Disposal

requirements for

ecotoxic substances

D6 Reg 10 Disposal

requirements for

packages


requirements for

manufacturers,

importers and

suppliers, and

persons in charge


requirements for

manufacturers,

importers and

suppliers, and

persons in charge



EM1 Regs 6, 7, 9

– 11

Level 1 information

requirements for


in charge

EM2 Reg 8(a) Information

requirements for




substances


September2015



requirements for

ecotoxic substances

EM8 Regs 12 –

16, 18 – 20

Level 2 information

requirements for


in charge

EM11 Regs 25 –

34

Level 3 emergency

management



emergency response

plans

EM12

Regs 35 –

41

Level 3 emergency

management

requirements:

secondary

containment


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—





containment system.








37:




less—




pooling potential:






September2015


(ii) 5,000 litres.


be segregated where appropriate to ensure that leakage

of one substance may not adversely affect the container

of another substance.


38:



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—










(ii) 5,000 litres






management

requirements:

signage



Tank

Wagon

Regs 4 to 43

as applicable

Controls relating to

tank wagons and

transportable

containers.

Additional controls

Additional Controls


September2015

Additional Controls






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

Notice 2004




substance.

Explanatory note:




2004.pdf .



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