new zealand chemical regulatory system – an example of...
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2014/SOM3/CD/012 Agenda item: 3(iii)(iii)1
New Zealand Chemical Regulatory System – An Example of Pragmatic Regulation
Purpose: Information
Submitted by: New Zealand
13th Chemical DialogueBeijing, China
12 August 2014
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New Zealand Chemical Regulatory System – an example of pragmatic
regulation
Dr Ilana Burton
Environmental Protection Authority
New Zealand
Outline
Role of the EPA
Hazardous Substances and New Organisms Act
What it covers
How we use it
Where next?
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Our role
Exclusive Economic Zone (EEZ Act)
Emissions Trading (Climate Change Response Act)
ResourceManagement
(RM Act)
Ozone Layer ProtectionAct 1996 (OLPA)
Hazardous Substances & New Organisms Act (HSNO)
Purpose
“To protect the environment and the health & safety of people & communities by preventing or managing the adverse effects of hazardous substances”
Full lifecycle approachSetting controls on how substances are classified, contained, labeled, stored, used, transported or disposed of
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EPA: Hazardous substances
Set rules and conditions for importing and manufacturing hazardous substances
One piece of legislation, one authority covering all types of applications in all sectors
28,000 chemicals on the inventory
> 100,000 products regulated
… and about 30 people
What's covered?
Cosmetics
Crayons
Tattoo inks
Blue Book pg. 2
Explosives
Pesticides
Industrial chemicals
Everything in between
All places or situations
Work place
Agricultural
Domestic/ home-use
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HSNO Legislative Framework
HSNO Act
Threshold Regulations
Classification Regulations
Controls Regulations
Life cycle controlsProperty Controls
Is it hazardous?
How hazardous is it?
What do I need to do to manage the risk?
Hazardous Property Class
Explosive 1
Flammable (gas, liquid, solid) 2, 3, 4
Capacity to oxidise 5
Corrosive (to metal, eyes and skin) 8
Toxic to people 6
Ecotoxic (to aquatic and terrestrial) 9
Hazardous properties
Based on the first drafts of GHS and UN model transport regulations
Currently being updated to a later version of GHS
Blue Book pg. 2
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Every hazardous substance needs a HSNO approval
Types of approvals
Individual Approval
Containment Approval
Group Standard
Covers a single substance, can cover multiple
products
Multiple substances that are used for a
similar purpose
Usually research and development
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What is a Group Standard?
Group standard approvals cover a group of similar hazardous substances based on hazardous properties and risk
Scope
Conditions
200 group standards
New group standards can still be established
Types of Group Standard
Cosmetic products
Additives, process chemicals and raw materials
Dental products
Fire fighting chemicals
Fertilizers
Photographic chemicals
Solvents
Veterinary medicines
http://www.epa.govt.nz/hazardous-substances/approvals/group-standards/Pages/default.aspx
Blue Book pg. 35-41
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How does a Group Standard work?
One set of tailored conditions
Conditions manage the regulatory elements:e.g. identification, packaging, disposal, storage, handling requirements
Specific conditions can be applied to a group of substances to manage specific identified risks
Using Group Standards
Provide reference material
Run annual workshops in New Zealand and Australia for applicants and consultants
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Assigning to a Group Standard
(applicable to single substances and mixtures)
Identify the Group Standard
http://www.epa.govt.nz/hazardous-substances/approvals/group-standards/Pages/default.aspx
Identify the type of group standard based on how the product is used
There are usually several group standards under each type
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Example
Example: A cleaner that is flammable, but not corrosive,
or carcinogenic
Identify the type of group standard based on the main hazard of the substance
Definitions
Controls
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Purpose
Required Classifications
Optional classifications, but may only have these
classifications
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Restrictions
Conditions
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Are all the components on the inventory?
Are all the components in your products on the New Zealand Inventory of Chemicals (NZIoC)?
Yes(do nothing)
No(notify the EPA)
• No fee• Email or post
the notification form (link below)
Database: http://www.epa.govt.nz/search-databases/Pages/nzioc-search.aspx
Notification info: http://www.epa.govt.nz/hazardous-substances/approvals/group-standards/Pages/NZIoC.aspx
Keeping a record Product name
Product type and use
Name and company of the person who assigned the product
The information used to classify the substance
The classification
Name of the Group Standard it is assigned to
A copy of the Group Standard
A record template is available on our websitehttp://www.epa.govt.nz/Publications/form-hs-gs-record.doc
Blue Book pg. 44-47
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Read and follow the controls
for your substance
Why are group standards smart?
Industry self-assign products to group standards
No need to inform the EPA
Flexible, allow for formulation changes without need for a new approval
Encourages product development and innovation
Reduces cost to industry and the government
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Can they be even smarter??The next evolution of Group Standards.
To drive risk reduction
To facilitate adoption of a greener chemistry
Leverage off what has been done internationally to scope up what a low risk group standard would look like
IMAP assessment criteria
ECHA and Canadian work
US EPA Design for Environment approach
Next steps?
Currently undergoing legislative reformIntegrating regulation of workplace use of hazardous substances into the workplace health and safety system
Update to latest version of GHS
Remove some of the current complexity & duplication
Following legislative reform planning 3-5 year work programme on group standards• Review
• Learn from what worked & what didn’t
• Consult
• Do them smarter
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Thank you for your attention