Pursuant to sections 25B and 66A of the Hazardous Substances and New Organisms Act 1996 (“Act”), the Environmental Protection Authority (“Authority”) amends the Hazardous Substances (Storage and Disposal of Persistent Organic Pollutants) Notice 2004 (Supplement to the New Zealand Gazette, 22 December 2004, No. 174, page 4357) (“principal notice”) as set out below. The purpose of this amendment is to incorporate the Hazardous Substances (Storage and Disposal of Polychlorinated Biphenyls) Notice 2007 (Supplement to the New Zealand Gazette, 2 May 2007, No. 47, page 1225), which expires on 31 December 2016.
1. Title—This notice is the Hazardous Substances (Storage and Disposal of Persistent Organic Pollutants) Amendment Notice 2016
2. Commencement—These amendments come into force on 1 January 2017.
3. Principal notice—(1) This notice amends the Hazardous Substances (Storage and Disposal of Persistent Organic Pollutants) Notice 2004.
(2) In each place where it appears, delete
“Environmental Risk Management Authority”
and replace with
“Environmental Protection Authority”.
4. Clause 3 amended (Interpretation)—Insert after clause 3(2)(d):
“(e) polychlorinated biphenyls includes any polychlorinated biphenyls that are present at a concentration of more than 50 parts per million, and includes any equipment or material that contains polychlorinated biphenyls at a concentration of more than 50 parts per million.”
5. Clause 4 amended (Storage of persistent organic pollutants)—Replace clause 4 with:
“4. Storage of persistent organic pollutants
(1) No persistent organic pollutant may be stored in New Zealand after the date of this notice unless it is stored in accordance with subclauses (2) and (3).
(2) Holders must ensure that persistent organic pollutants are stored only 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, crops, animals and the environment is minimized.
(3) While persistent organic pollutants are in their possession and control collectors must comply with:
(a) except in the case of polychlorinated biphenyls, all relevant requirements of NZS 8409:2004 including in particular section 3 (Land transport of agrichemicals), section 4 (Storage and supply of agrichemicals), and section 7 (Emergency preparedness and management);
(b) the controls set out in the schedule to this notice; and
(c) if collectors are in possession of polychlorinated biphenyls, collectors must have regard to the document Safe Management of PCB’s: Code of Practice, published by the Authority in January 2017.
(4) This clause shall not apply to the storage of small amounts of persistent organic pollutants for use as analytical standards or for research and development in a laboratory that are the subject of an approval under section 30 of the Act.”
6. New clause 4A inserted (Notification of polychlorinated biphenyls)—Insert after clause 4:
“4A. Notification of storage of polychlorinated biphenyls
Any collector who stores polychlorinated biphenyls to which this notice applies must notify the Authority in writing of the following matters:
(a) the name and address of the collector;
(b) the location at which the polychlorinated biphenyls are being stored; and
(c) the amount of polychlorinated biphenyls being stored at that location.”
7. Clause 5 amended (Disposal of persistent organic pollutants)—(1) After clause 5(1)(b), replace “.” with “; or”.
(2) After clause 5(1)(b), insert:
“(c) by importing the substance into New Zealand for subsequent export 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, the Stockholm Convention on Persistent Organic Pollutants and the OECD Decision C (2001)107 on the Control of Transboundary Movement of Wastes Destined for Recovery Operations.
(3) Delete clause 5(2).
8. Schedule amended (Controls on collectors of persistent organic pollutants)—(1) Under the heading “Packaging for persistent organic pollutants”, insert:
“In the case of polychlorinated biphenyls, if the quantity is less than 1 litre for liquids or 1kg for solids, Schedule 4 of the Hazardous Substances (Packaging) Regulations 2001 apply.”
(2) Under the heading “Transport of persistent organic pollutants” replace “1999” with “2005”.
(3) Under the heading “Emergency Management”, delete the paragraph and replace with:
“The Hazardous Substances (Emergency Management) Regulations 2001 apply to persistent organic pollutants as if they are deemed to have hazard classifications that are class 6.1B and 9.1A, except in the case of polychlorinated biphenyls, which will be deemed to have hazard classifications of 6.8A, 6.9A and 9.1A.”
(4) Under the heading “Identification duties of collectors”, delete the paragraph and replace with:
“The Hazardous Substances (Identification) Regulations 2001 apply to persistent organic pollutants as if they are deemed to have hazard classifications that are class 6.1B and 9.1A, except in the case of polychlorinated biphenyls which will be deemed to have hazard classifications of 6.8A, 6.9A and 9.1A.”
Dated at Wellington this 16th day of December 2016.
Dr ALLAN FREETH, for and on behalf of the Environmental Protection Authority.