proposal for an epa notice for disposal of hazardous ......the contents of this proposal do not...

Proposal for an EPA Notice for disposal of hazardous substances Consultation Document July 2016

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July 2016

Disclaimer

The contents of this proposal do not reflect final Environmental Protection Authority (EPA) policy or, to the extent they may relate to Government decisions yet to be made, final Government policy. Words and details that form part of the proposal do not necessarily reflect settled terminology and may change in the process of drafting the final EPA notice. This document does not alter the laws of New Zealand and the EPA does not accept any responsibility or liability to any person, whether in contract, equity or tort, or any other legal principle, for any direct or indirect losses or damage arising from reliance on the contents of this document.

How to provide feedback

We would like to hear what you think about the proposal in this document. Please submit your

comments no later than 5:00 PM Monday 22 August 2016.

You can download a submission form from the Environmental Protection Authority website -

http://www.epa.govt.nz/consultations/hazardous-substances/Pages/Submissions-sought-on-changes-to-

rules-for-disposal-of-hazardous-substances.aspx

The submission form brings together all the proposal components and questions asked throughout the consultation document in table format. Page references are provided to help you locate the relevant discussion as necessary. Completed forms are to be emailed to [email protected] There are a number of questions in the document. Please consider them all, as they each contribute to the proposed requirements to be prescribed in the proposed Hazardous Substances (Disposal) Notice.

http://www.epa.govt.nz/consultations/hazardous-substances/Pages/Submissions-sought-on-changes-to-rules-for-disposal-of-hazardous-substances.aspxhttp://www.epa.govt.nz/consultations/hazardous-substances/Pages/Submissions-sought-on-changes-to-rules-for-disposal-of-hazardous-substances.aspxmailto:[email protected]

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Proposal for an EPA Notice for disposal of hazardous substances

July 2016

Table of Contents Executive summary ..................................................................................................................... 5

Background .................................................................................................................................. 6

2.1. EPA notice requirements .................................................................................................... 7

2.2. Scope of Disposal Notice .................................................................................................... 7

2.2.1. Other regulatory frameworks (relevant to disposal)............................................. 8

2.3. Background to Disposal Regulations .................................................................................. 8

2.4. International best practice ................................................................................................... 9

2.5. Existing Disposal Regulations ............................................................................................. 9

EPA (Disposal) Notice proposal .............................................................................................. 10

3.1. General disposal requirements ......................................................................................... 10

3.2. Overview of Disposal Notice treatment and containment requirements ........................... 11

3.3. Proposed changes to disposal requirements .................................................................... 16

3.3.1. Disposal proposal 1: Options for disposal of toxic, corrosive or ecotoxic

hazardous substances by depositing in a landfill .............................................. 16

3.3.2. Options for disposal of toxic, corrosive or ecotoxic hazardous substances

by discharge into the environment ..................................................................... 20

3.3.3. Disposal Proposal 2: Interpretation of TEL and EEL clause ............................. 21

3.3.4. Disposal Proposal 3: Discharge of rapidly degradable substances .................. 22

3.3.5. Disposal Proposal 4: Discharge of bioaccumulative substances ...................... 23

3.3.6. Disposal proposal 5: Prohibition on disposal of hazardous substances

that are or contain halogenated organic compounds by low temperature

incineration......................................................................................................... 24

3.3.7. Changes to requirements for detonating, deflagrating, and burning explosive,

flammable, and oxidising (classes 1, 2, 3, 4, and 5) substances ...................... 27

3.3.8. Disposal Proposals 6 and 7: Q formula replacement and disposal of

explosives by HSW Regulations ........................................................................ 27

3.3.9. Disposal Proposal 8: Remove blast overpressure control for flammable

gases and liquids ............................................................................................... 30

3.3.10. Disposal proposal 9: Require disposal of self-reactive (class 4.1.2)

substances and desensitised explosives (classes 3.2 and 4.1.3) by the

requirements for explosives (class 1 substances) ............................................. 30

3.3.11. Disposal requirements for compressed gases .................................................. 31

3.3.12. Disposal requirements for householders’ packaging ......................................... 32

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Benefits and costs of the proposal ......................................................................................... 32

4.1. Benefits ............................................................................................................................. 32

4.2. Costs ................................................................................................................................. 34

4.3. Conclusions ....................................................................................................................... 34

Responding to this consultation document ........................................................................... 35

Appendix A: International Practice .................................................................................................... 37

Appendix B: Glossary of terms and abbreviations .......................................................................... 40

Appendix C: Draft Hazardous Substances (Disposal) Notice ......................................................... 42

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Executive summary

1. The EPA proposes issuing a Hazardous Substances (Disposal) Notice (the Disposal Notice) that will

set requirements for the disposal of hazardous substances, hazardous substance packaging, and

gases under pressure.

2. The Disposal Notice will replace the Hazardous Substances (Disposal) Regulations 2001 (the

Disposal Regulations).

3. We are preparing the Disposal Notice under the EPA’s powers to make EPA Notices, which were

introduced by 2015 amendments to the HSNO Act. EPA Notices create rules that are legally binding,

and can replace many of the regulations made under the HSNO Act.

4. The key driver for the proposed Disposal Notice is to update and align the disposal requirements with

international best practice and other relevant New Zealand regulation.

5. This proposal recommends the following approach for shifting the regulation of disposal of hazardous

substances from the Disposal Regulations to the Disposal Notice.

a. Transfer provisions that are currently fit for purpose from the existing Disposal Regulations to the

Disposal Notice without policy changes.

b. Update, revise, and transfer provisions that are out-of-date from the existing Disposal Regulations

to the Disposal Notice.

c. Provisions that are no longer needed will not be transferred to the notice.

6. The proposed Disposal Notice will update and revise out-of-date requirements in the current Disposal

Regulations to reflect best international practice. The major changes we propose in the Disposal

Notice are to:

a. allow toxic, corrosive, and ecotoxic (HSNO class 6, 8, and 9) hazardous substances to be

disposed of in a landfill that will isolate and contain the substance

b. prohibit the disposal of hazardous substances that are or contain halogenated organic material by

low temperature incineration (below 850 degrees)

c. clarify the requirements to ensure that substances, for which the EPA has not set an exposure

limit, are not discharged to the environment without treatment, and are disposed of by another

suitable method

d. require explosives to be detonated according to the proposed Health and Safety at Work

(Hazardous Substances) Regulations1

1 Exposure draft for HSW Regulations can be accessed online: http://www.mbie.govt.nz/info-services/employment-skills/workplace-health-and-safety-reform/development-of-regulations-to-support-the-new-health-and-safety-at-work-act/exposure-drafts-of-phase-one-regulations/draft-regulations-for-work-involving-hazardous-substances

http://www.mbie.govt.nz/info-services/employment-skills/workplace-health-and-safety-reform/development-of-regulations-to-support-the-new-health-and-safety-at-work-act/exposure-drafts-of-phase-one-regulations/draft-regulations-for-work-involving-hazardous-substanceshttp://www.mbie.govt.nz/info-services/employment-skills/workplace-health-and-safety-reform/development-of-regulations-to-support-the-new-health-and-safety-at-work-act/exposure-drafts-of-phase-one-regulations/draft-regulations-for-work-involving-hazardous-substanceshttp://www.mbie.govt.nz/info-services/employment-skills/workplace-health-and-safety-reform/development-of-regulations-to-support-the-new-health-and-safety-at-work-act/exposure-drafts-of-phase-one-regulations/draft-regulations-for-work-involving-hazardous-substances

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e. replace the quantitative performance measure, involving the Q formula for determining safe levels

of heat exposure for flammable and oxidising substances, with a qualitative measure

f. do not carry over the requirement from the Disposal Regulations to allow disposal of flammable

gases and liquids (class 2.1.1 and 3.1) by burning subject to blast overpressure2

g. require self-reactive substances and desensitised explosives (classes 4.1.2, 3.2 and 4.1.3) to be

disposed of in the same way as explosives

h. remove the information requirements currently in the Disposal Regulations that will be covered by

other EPA Notices, such as the Hazardous Substances (Safety Data Sheet) Notice and the

Hazardous Substances (Labelling) Notice

i. clarify that the requirements for the disposal of packaging do not apply to householders or

consumers using a public or commercial waste collection service

j. clarify the requirements for toxic (class 6) and eco-toxic (class 9) substances that are rapidly

degradable and the products of that degradation are not hazardous

k. clarify the requirements for class 9.1 substances that is, or contains, a component that is

bioaccumulative and not rapidly degradable.

7. The proposed Disposal Notice will update requirements currently in the Disposal Regulations taking

into account changes to relevant legislation, regulations, and national standards, including:

National Environmental Standards produced under the Resource Management Act 1991 (RMA)

the HSW (Hazardous Substances) Regulations, and

other EPA Notices under development.

Background

8. Recent Health and Safety reforms proposed a number of changes to the way hazardous substances

are managed in New Zealand, especially in the workplace.

9. The Health and Safety in Employment (HSE) Act 1992 has been replaced with a new Health and

Safety at Work (HSW) Act which came into force on 4 April 2016. A number of regulations made

under the HSW Act also commenced at this time, but the HSW Hazardous Substance Regulations will

commence on a later date (at this stage mid-2017). When these latter regulations come into force, the

responsibility for managing hazardous substances in workplaces will move from HSNO to the HSW

legislation.

2 Blast overpressure is a sudden increase of pressure caused by an explosive detonation.

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10. A number of amendments to the HSNO Act were also made. The HSNO Amendment Act 2015 was

passed into law on 4 September 2015 with some provisions coming into effect the following day. The

remaining provisions will be brought into force by one or more Orders-in-Council (OiC) by no later than

1 January 2018. The issuing of the Disposal Notice will be timed to coincide with the OiC that will

commence the relevant notice-making provisions of the HSNO Amendment Act. The existing Disposal

Regulations will also be revoked at this point.

11. The HSNO Act amendments replace many of the regulation-making powers in the HSNO Act with

powers for the EPA to issue legally binding notices (EPA notices). EPA notices are approved by the

EPA Board, rather than Cabinet, as is required for regulations. This process allows notices to be

updated more readily than regulations, and be kept up-to-date with international developments and

knowledge.

2.1. EPA notice requirements

12. Before issuing an EPA notice, the EPA3 must:

publicly notify its intention to issue the notice

give interested persons a reasonable time to make submissions on the proposal, and

consult any persons, representative groups within the hazardous substances industry or

elsewhere, government departments, WorkSafe NZ, and Crown entities that the EPA considers

appropriate.

13. The EPA must also consider and give any weight that it considers appropriate, to the following:

the costs and benefits of implementing measures for which the notice is being proposed

international best practice in respect of hazardous substances management, and

any other matters that the EPA considers appropriate in the circumstances.

14. Any resulting EPA notice must be publicly notified, along with a statement describing the consultation

that took place before the notice was made. Public notification will include publication in the

New Zealand Gazette.

2.2. Scope of Disposal Notice

15. The Disposal Notice applies to all hazardous substances unless the HSNO approval (including group

standard approvals) of the hazardous substance specifies otherwise.

16. The HSNO Act defines a hazardous substance as any substance that has one or more of the following

properties above specified levels, or which on contact with air or water generates a substance with

one or more of the following properties: explosiveness, flammability, a capacity to oxidise,

corrosiveness, toxicity, or ecotoxicity. The Disposal Notice does not cover hazardous waste products

3 The amended HSNO Act (section 76C) sets out these requirements.

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that do not form part of the lifecycle of HSNO approved hazardous substances, such as sewage or e-

waste materials.

17. For further information on which substances are covered under the HSNO Act, please refer to the EPA

website.4

2.2.1. Other regulatory frameworks (relevant to disposal)

18. The RMA (section 15) regulates the discharge of contaminants to the environment. Hazardous

substances are a subset of contaminants. No person may discharge a contaminant to water, air or

land unless the discharge is allowed by a national environmental standard, a rule in a regional plan, or

a resource consent. This applies to activities such as disposing of substances in landfills or

incinerating hazardous substances.

19. The National Environmental Standard (NES) for Air Quality5 regulates discharges of harmful

substances to the air. The National Environmental Standard for Assessing and Managing

Contaminants in Soil to Protect Human Health6 (NESCS) regulates the assessment of and the use of

land that is contaminated.

20. The current Disposal Regulations effectively set the national standard for disposal of hazardous

substances. Any conditions set in regional plans are in addition to the requirements in the Disposal

Regulations.

21. The Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 requires a permit from the EPA

to import or export hazardous waste. In addition, the importing country must agree to the import and

the requirement for environmentally sound management of the waste.

22. Asbestos is regulated under the Health and Safety at Work (Asbestos) Regulations 2016.

2.3. Background to Disposal Regulations

23. The HSNO Act requires that an assessment of a hazardous substance must consider all of the effects

of the substance during the lifecycle of that substance, including disposal. Before the introduction of

the Disposal Regulations in 2001, the regulatory framework lacked sufficient enforceable requirements

for hazardous substance disposal. The Disposal Regulations were introduced to ensure that

hazardous substances are disposed of safely without harming people or the environment.

4 Refer to the EPA website: How to determine if a substance is hazardous. http://www.epa.govt.nz/hazardous-substances/about/what-is-hs/Pages/default.aspx 5 Resource Management (National Environmental Standard for Air Quality) Regulations 2004, accessed at http://www.legislation.govt.nz/regulation/public/2004/0309/latest/DLM286835.html?search=ta_regulation_R_rc%40rinf%40rnif_an%40bn%40rn_25_a&p=3 6 Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, accessed at http://www.legislation.govt.nz/regulation/public/2011/0361/latest/DLM4052228.html?search=ts_regulation_contaminants_resel&p=1&sr=1

http://www.epa.govt.nz/hazardous-substances/about/what-is-hs/Pages/default.aspxhttp://www.epa.govt.nz/hazardous-substances/about/what-is-hs/Pages/default.aspxhttp://www.legislation.govt.nz/regulation/public/2004/0309/latest/DLM286835.html?search=ta_regulation_R_rc%40rinf%40rnif_an%40bn%40rn_25_a&p=3http://www.legislation.govt.nz/regulation/public/2004/0309/latest/DLM286835.html?search=ta_regulation_R_rc%40rinf%40rnif_an%40bn%40rn_25_a&p=3http://www.legislation.govt.nz/regulation/public/2011/0361/latest/DLM4052228.html?search=ts_regulation_contaminants_resel&p=1&sr=1http://www.legislation.govt.nz/regulation/public/2011/0361/latest/DLM4052228.html?search=ts_regulation_contaminants_resel&p=1&sr=1

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24. Improper disposal of hazardous substances can lead to them entering the environment where they

can adversely affect human health or pollute land and waterways. Past use of hazardous substances,

including activities such as storage and disposal, in industry, agriculture, and horticulture resulted in

contaminated soil. The NESCS was developed to ensure that contaminated soil was regulated across

the country.

25. The Disposal Regulations introduced a requirement that hazardous substances be treated to remove

the hazardous properties of the substance before it is released into the environment.

2.4. International best practice

26. The current Disposal Regulations need updating to align with international best practice and regulatory

changes since 2001. International best practice, shaped from guidelines under the Basel Convention,

has developed significantly since 2001. Appendix A: International Practice for Disposal of Hazardous

Substances outlines disposal requirements for Australia, the European Union, and the United States

of America.

27. The Basel Convention is an international treaty designed to reduce the movement of hazardous waste

between nations and to ensure that hazardous waste is disposed of safely. There are approved

guidelines relating to the disposal of hazardous substances, to help countries comply with the

convention. These guidelines set out best practice for landfills, incineration of waste, and disposal of

specific categories of waste, including persistent organic pollutants (POPs). The changes we propose

making in the disposal notice aligns hazardous substance disposal with these updated guidelines.

2.5. Existing Disposal Regulations

28. The Disposal Regulations set requirements for how to dispose of hazardous substances. Hazardous

substances are classified by hazardous property, and different disposal requirements are set out for

each hazard property class.

29. These classes are explosive; flammable gases; flammable liquids; flammable solids; oxidising; toxic to

people; corrosive; and ecotoxic (HSNO classes 1, 2, 3, 4, 5, 6, 8, and 9). If a substance has properties

from more than one class, disposal requirements for each of those classes apply to the substance.

30. The current Disposal Regulations require hazardous substances to be treated prior to disposal so that

they are no longer hazardous, or exported from New Zealand as waste.

Table A: Summary of existing Disposal Regulations

Type of

substance

Treatment options

Explosives,

flammable, and

oxidising substances

Detonation, deflagration, or burning (for explosive and oxidising substances), and burning (for

flammable substances) under the condition that no person is subject to an unsafe level of heat

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Type of

substance

Treatment options

prescribed by the ‘Q Formula’ (a quantitative heat radiation measure) or the blast overpressure

prescribed; OR

Oxidising substances can be deposited into a landfill if they will not come into contact with

explosive or flammable substances. Certain classes of flammable substances can be

deposited into a landfill if they will not come into contact with explosive or oxidising substances;

OR

Export from New Zealand as waste.

Toxic, ecotoxic, and

corrosive substances

Treatment, including in a landfill, incinerator, or sewage facility, to render the substance no

longer hazardous; OR

Discharge to the environment, if after reasonable mixing, the concentration of the substance in

an environmental medium does not exceed the exposure limit set; OR

Export from New Zealand as waste.

Packages Required to be disposed of in accordance with requirements for the class of substance it

contained.

Information

requirements

A person must provide information (on labels and safety data sheets) on the appropriate

method of disposal. Applies to manufacturers, importers, and suppliers.

EPA (Disposal) Notice proposal

31. We propose replacing the Disposal Regulations with an EPA notice called the Hazardous Substances

(Disposal) Notice. The Disposal Notice will include:

requirements currently outlined in the Disposal Regulations that are considered fit for purpose in a

substantially similar form, and

updated and revised requirements from the current regulations in line with international best

practice and modern regulation.

32. There are requirements currently in the Disposal Regulations that we do not propose to transfer to the

Notice. The information requirements set out in the Disposal Regulations will not be transferred to the

Disposal Notice, as these will be addressed in EPA Notices for Safety Data Sheets and Labelling.

3.1. General disposal requirements

33. We propose general disposal requirements to either treat the substance before disposal so it is no

longer hazardous; contain the substance after disposal so it does not enter the environment; or export

the substance as waste.

34. We propose these requirements as they will ensure that hazardous substances can be disposed of

safely without risking harm to the environment or human health:

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Treatment: As it is difficult to control a substance once it enters the environment it is important

that the hazardous properties be removed before disposal, so that the substance does not

pose a risk to human health or the environment when released.

Containment: some substances cannot be treated to render them no longer hazardous before

disposal. Containing these substances prevents them from entering the environment.

Export: some substances can only be safely disposed of overseas. These must be exported in

accordance with the Basel Convention, which ensures that the export is undertaken safely in

line with international best practice. In addition, the EPA controls export of hazardous

substances through the Imports and Exports (Restrictions) Act 1988, to ensure that any export

is subject to environmentally sound management and the receiving country agrees to the waste

being managed in its territory.

3.2. Overview of Disposal Notice treatment and containment requirements

35. Each class of hazardous substances has different treatment and containment requirements. The table

below outlines the proposed treatment and containment requirements by class, and the differences

between the proposed Disposal Notice and the existing Disposal Regulations.

36. Note that the option of disposing of substances by exporting as waste has not been included in the

table as this option is the same in the both the Notice and Regulations.

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Table B: Outline of proposed requirements for Disposal Notice and comparison to existing Disposal Regulations

Disposal Regulations requirements Proposed Disposal Notice requirements Relevant section of consultation paper

Explosive substances

Explosive substances can be treated by detonating, deflagrating, or

burning the substance, so that no one person is exposed to an unsafe

level of heat as determined by the ‘Q Formula’ or 0.2kPa blast

overpressure.

Explosive (class 1) substances can be treated by detonating

or deflagrating the substance in accordance with the HSW

(Hazardous Substances) Regulations 2016.

Section 3.3.4: Changes to

requirements for detonating,

deflagration, and burning

explosive, flammable, and

oxidising (classes 1, 2, 3, 4,

and 5) substances

Flammable and oxidising substances

Flammable (Class 2, 3, and 4) substances can be burned, and oxidising

substances can be detonated, deflagrated, or burned, if this is managed

so that no person is subject to more than 9kPa blast overpressure, or

an unsafe level of heat as determined by the ‘Q Formula’.

Flammable (class 2, 3, and 4) substances can be burned, and

oxidising (class 5) substances can be detonated, deflagrated,

or burned, if this is managed so that no person is subject to

more than 9kPa blast overpressure, or an unsafe level of heat

exposure that may harm a person.

Flammable gases and liquids are not subject to blast

overpressure control.

Self reactive substances and desensitised explosives (class

4.1.2, 3.2, and 4.1.3) must be disposed of through the

requirements for explosives.

Section 3.3.4: Changes to

requirements for detonating,

deflagration, and burning

explosive, flammable, and

oxidising (classes 1, 2, 3, 4,

and 5) substances.

Flammable substances in the classes – flammable gases (2.1.1),

aerosols (2.1.2), liquids (3.1), and readily combustible (4.1.1)

substances – can be deposited in a landfill if they will not come into

The Disposal Regulations requirements are carried over to the

Disposal Notice without change.

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contact with oxidising or explosive substances.

Oxidising (class 5) substances can be deposited in a landfill if they will

not come into contact with explosive or flammable substances.

In addition, there must be no ignition source in the vicinity of the

disposal site capable of igniting the substance; and were the substance

to ignite, no person, or place where a person may legally be, can be

exposed to more than 9kPa blast overpressure or a level of heat

determined by the Q Formula.

Toxic, ecotoxic, and corrosive substances

Toxic, corrosive, and ecotoxic substances can be deposited into an

incinerator, or sewage facility, if the facility treats the substance to

render it no longer hazardous.

Toxic, corrosive, and ecotoxic (class 6, 8, and 9) substances

can be treated to render them no longer hazardous7 by a

means other than dilution, including by depositing the

substance in an incinerator or sewage facility.

Note that substances that are, or contain, halogenated organic

material cannot be incinerated at a low temperature (below

850 degrees Celsius).

Section 3.3.2: Prohibit low

temperature incineration of

substances containing

halogenated organic materials

Toxic, corrosive, and ecotoxic substances can be deposited into a

landfill, if the landfill treats the substance to render it no longer

hazardous.

Toxic, corrosive, and ecotoxic substances can be deposited

into a landfill, provided that:

The substance has been treated to render it no longer

hazardous before deposition onto the landfill; or

Section 3.3.1: Options for

disposal of toxic, corrosive, or

ecotoxic hazardous

substances by depositing into

a landfill.

7 Non-hazardous is defined as the substance not triggering any threshold that defines a substance as hazardous under the HSNO Act.

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The substance will be contained in the landfill until

chemical change and decay renders it no longer

hazardous; or

The landfill will isolate and contain the substance (and

leachate containing the substance) to prevent it from

entering the environment.

Toxic, ecotoxic, and corrosive substances can be discharged to the

environment if, after mixing in an environmental medium, the exposure

limit is not exceeded.

Toxic and corrosive substances can be discharged into the environment

if they are rapidly degradable8 and the products of degradation are not

hazardous.

If the EPA has set an exposure limit for the substance, the

substance can be discharged to the environment, provided

that exposure limit is not exceeded.

Toxic and corrosive substances can be discharged into the

environment if they are rapidly degradable9 and the products

of degradation are not hazardous, provided a TEL has not

been set for the substance.



ecotoxic hazardous

substances by discharge into

the environment

A Class 9.1 substance that contains a component that is

bioaccumulative and not rapidly degradable can be disposed of by

treatment before discharge into the environment to reduce the

percentage by volume to 1 percent.

A Class 9.1 substance that contains a component that is

bioaccumulative and not rapidly degradable can be disposed

of by treating the substance using a method that renders the

substance no longer hazardous, and removes any component

that is bioaccumulative and not rapidly degradable.



ecotoxic hazardous

substances by discharge into

the environment

8 See Appendix B: Glossary of relevant terms for definition of rapidly biodegradable.

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Packages that contained a hazardous substance, and were in direct

contact with a hazardous substance, must be disposed of in

accordance with the requirements for that substance.

We propose carrying this requirement over without change.

No equivalent requirement.

The notice will clarify that packaging (that may or may not

contain any residual substance) that is lawfully disposed of by

householders or other consumers through a public or

commercial waste collection service is a means of compliance

with the requirements above.

Section 3.3.6 Disposal

requirements for householders’

packaging

No equivalent requirement.

No compressed gas, contained in a cylinder, can be disposed

of into a landfill.

Section 3.3.5: Disposal

requirements for compressed

gases

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3.3. Proposed changes to disposal requirements

3.3.1. Disposal proposal 1: Options for disposal of toxic, corrosive or

ecotoxic hazardous substances by depositing in a landfill

Disposal proposal 1

Part 1: Amend the options for depositing a toxic, corrosive or ecotoxic (class 6, 8, or 9)

substance in a landfill to include:

a. Treating the substance so it is no longer hazardous before depositing the substance in a

landfill; or

b. Depositing the substance into a landfill, if the landfill will contain the substance until

chemical change renders the substance non-hazardous; or

c. Depositing the hazardous substance into a landfill that will isolate and contain the

substance (including leachate containing the substance) and prevent it from entering the

environment beyond the landfill.

Problem definition

37. Depositing a substance in a landfill is a method of treatment for toxic, corrosive, and ecotoxic (class 6,

8, and 9) substances in the Disposal Regulations, provided the landfill treats the substance to render it

no longer hazardous. However, the current wording (below) does not cover, for example, disposal into

a landfill that isolates and contains the substance, rather than rendering it non-hazardous.

Current requirement:

Treating the substance includes depositing the substance in a landfill, if the landfill will treat the

substance by changing the characteristics or composition of the substance so that it is no longer a

hazardous substance.

38. Three ways of disposing of a hazardous substance into a landfill are used under current landfill

practice:

a. Pre-treatment: treating a substance to render it no longer hazardous before it is deposited into a

landfill.

b. Change in landfill: In some cases, substances can be deposited into the landfill without prior

treatment, as decay and chemical change within the landfill will change the characteristics to

render it no longer hazardous.

c. Containment: In other cases, the landfill merely isolates and contains the substance so it does not

cause harm; the substance is not treated in this case.

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39. The current wording of the Disposal Regulations provides an option to dispose hazardous substances

into a landfill that treats the substance so that it is no longer hazardous. However, it does not provide

for an option to dispose of substances into a landfill that will isolate and contain the substance.

40. It is important to include the containment option to allow safe disposal of substances that cannot be

treated to render them completely non-hazardous, for example some heavy metals. These substances

must be deposited into a landfill with sufficient controls to isolate and contain the substance, and

prevent the substance from entering the environment.

41. The wording in the current Disposal Regulations for how the deposition of flammable and oxidising

substances into a landfill must be managed is sufficient, as it is clear from the wording that disposal in

a landfill involves containment and isolation, rather than treatment. The risk of depositing these

substances into a landfill is managed by measures to prevent these substances exploding or burning.

Regulatory framework for the disposal of hazardous substances into landfills

42. Some regulatory requirements for the disposal of hazardous waste into landfills are set under the

Resource Management Act 1991 (RMA). Landfills have RMA consent-specific conditions that specify

which hazardous substances, if any, can be disposed of at the landfill.

43. Councils can take into account the Ministry for the Environment’s Hazardous Waste Guidelines:

Landfill Acceptance Criteria and Landfill Classification (Landfill Guidelines) in issuing consents. 10

These guidelines outline criteria for classifying landfills into ‘Class A’ and ‘Class B’, and have the

following recommendations:

Class A landfills can receive hazardous waste, as they are sited in areas that reduce the

potential for adverse environmental effects, and have systems designed to collect landfill

leachate and landfill gas.

Class B landfills have limited systems designed to collect landfill leachate or gases, and may

be in areas that pose a risk to the environment.11 Hazardous substances may be appropriate

for disposal in Class B landfills if the landfill operator is confident that the leachate from the

waste will not exceed the leachate concentrations specified in the guidelines. Resource

consents from regional councils dictate the types of hazardous substances that can be

deposited into Class B landfills, and monitoring is required.

44. Plans made under the RMA should not duplicate requirements set under the HSNO Act (including

those in the Disposal Notice). Under section 142 of the HSNO Act, the HSNO Act requirements will

apply, but more stringent requirements may also be set under the RMA.

10 Ministry for the Environment, 2004, Module 2 – Hazardous waste guidelines: Landfill waste acceptance criteria and landfill classification, http://www.mfe.govt.nz/publications/waste/module-2-%E2%80%93-hazardous-waste-guidelines-landfill-waste-acceptance-criteria-and-3 11 ibid

http://www.mfe.govt.nz/publications/waste/module-2-%E2%80%93-hazardous-waste-guidelines-landfill-waste-acceptance-criteria-and-3http://www.mfe.govt.nz/publications/waste/module-2-%E2%80%93-hazardous-waste-guidelines-landfill-waste-acceptance-criteria-and-3

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Proposed notice provisions

45. The proposed Disposal Notice will clarify the original intent of the Disposal Regulations and will align

the notice with current landfill practice. This provides for the following options for disposal of toxic,

corrosive or ecotoxic (class 6, 8, or 9) substances in a landfill:

a. Pre-treatment: treating the substance so it is no longer hazardous prior to depositing it in a

landfill; or

b. Landfill treatment: depositing the substance into a landfill, if the landfill will contain the substance

until chemical change renders the substance non-hazardous; or

c. Containment: depositing the hazardous substance into a landfill that will isolate and contain the

substance (including leachate containing the substance) and prevent it from entering the

environment beyond the landfill.

46. The containment option prescribes the performance standard to be met, which is that the hazardous

substance must be contained within the landfill and not enter the environment. Guidance on how to

meet this outcome is available in the Ministry for the Environment Landfill Guidelines, accessible on

the Ministry for the Environment website

Rationale

47. The proposed notice provides for an additional option to dispose of hazardous substances into a

landfill that can isolate and contain the substance. The current Disposal Regulations only provide for

disposal into a landfill if the landfill can treat the substance to render it non-hazardous.

48. This additional option is needed as the hazardous properties of some substances cannot always be

removed, either before disposal, or within a landfill. Containing the substance within the landfill will

prevent hazardous contaminants leaching into the environment and contaminating soil, air, and

groundwater.

Benefits and costs

49. The key benefit of the proposal is that the clarification of wording regarding the landfill disposal options

(treatment, change in landfill, and containment) offers increased certainty to users of landfills and

landfill operators on available methods of disposal.

50. There are no extra costs resulting from the proposals in this notice, as the notice is providing an

additional disposal option over the Disposal Regulations.

Alternative options considered

51. During the development of this proposal to allow disposal in a landfill which will isolate and contain the

substance, we also considered three alternative options:

a. Option One: Require that hazardous substances can only be contained in Class A landfills.

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July 2016

b. Option Two: Prescribe that hazardous substances can only be disposed of at landfills that have

prescribed methods of containment.

c. Option Three: Status Quo – carry forward wording in Disposal Regulations without changes.

Option One: Class A as the minimum containment standard

52. We considered prescribing Class A landfills as the standard for a landfill that could isolate and contain

hazardous substances, as Class A landfills are best practice landfills.

53. There are currently 24 Class A landfills in New Zealand. However, there are only six in the South

Island, and none on the West Coast of the South Island or in Dunedin. Requiring disposal in Class A

landfills may prove difficult in areas where access to these landfills is limited. However, we note that

hazardous substances can be collected at transfer stations and sent to a suitable landfill.

Option Two: Prescribe criteria for nature of disposal place

54. We considered for the containment method of disposal that substances could only be disposed of at

landfills with best practice controls and systems for isolation and containment. This includes a

leachate management system, liner, storm water capture and control, and requiring documentation of

hazardous substances received.

55. However, we considered that prescribing the outcome for the landfill to contain the substance was a

better approach, as this provides flexibility for landfill operators on how to meet the performance

standard. In addition, the Ministry for the Environment Landfill Guidelines provides guidance on how to

meet the performance standard.

Option Three: Status Quo – carry forward wording in Disposal Regulations without changes

56. One option is to carry forward the wording in the Disposal Regulations without changes. We do not

propose this option. An additional disposal option is appropriate to reflect current practice, and provide

a disposal option for substances that cannot be treated to render them no longer hazardous before

landfill disposal.

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July 2016

Question 1

Do you agree with the three proposed options for disposal of toxic, corrosive or ecotoxic (class 6, 8, or

9) substances into a landfill:

a. Treating the substance so it is no longer hazardous before depositing the substance in a landfill; or

b. Depositing the substance into a landfill, if the landfill will contain the substance until chemical

change renders the substance non-hazardous; or

c. Depositing the hazardous substance into a landfill that will isolate and contain the substance

(including leachate containing the substance) and prevent it from entering the environment beyond

the landfill.

Question 2

Do you consider there should be a hierarchy of these three proposed disposal options, i.e. specifically

in the order as listed above?

Question 3

What impact would these proposals have on the disposal of household hazardous substances?

Question 4

Do you consider that a transition period for the landfill requirements proposed would be useful? If so,

how long would you recommend?

3.3.2. Options for disposal of toxic, corrosive or ecotoxic hazardous

substances by discharge into the environment

57. There are three provisions in the current Disposal Regulations relating to the disposal of toxic,

corrosive, or ecotoxic substances by discharge into the environment that we are proposing to clarify

and / or change. These provisions cover:

Discharge into the environment of class 6, 8 or 9 substances provided that, after reasonable

mixing, any exposure limit12 (tolerable exposure limit (TEL) or Environmental exposure limit

(EEL)) set for the substance is not exceeded (existing regs 8 (1)(b) and 9(1)(b). Refer Disposal

Proposal 2 below.

Discharge into the environment of class 6 or 8 substances that are rapidly degradable, and the

products of degradation are not hazardous substances (existing reg 8 (4)). Refer Disposal

Proposal 3 below.

Discharge into the environment of class 9.1 substances that are, or contain a component that

is, bioaccumulative and not rapidly degradable (existing reg 9 (3)). Refer Disposal Proposal 4

below.

12 Exposure limits establish the maximum concentration of a substance allowed in an environmental medium to ensure that people and environment are protected.

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3.3.3. Disposal Proposal 2: Interpretation of TEL and EEL clause

Disposal proposal 2

Clarify the requirements for TELs and EELs to ensure that:

a. If the EPA has set a TEL or EEL for a substance, the substance can be disposed of:

i. By discharging the substance into the environment within these exposure

limits; or

ii. By one of the other methods (treatment or export) referred to in Section 3.2:

Overview of Disposal Notice treatment and containment requirements.

b. If the EPA has not set a TEL or EEL for a substance, the substance cannot be disposed

of by discharging into the environment unless it is rapidly degradable, but can only be

disposed of by one of the other methods (treatment or export) referred to in Section 3.2:

Overview of Disposal Notice treatment and containment requirements.

Problem definition

58. The EPA can set exposure limits for toxic (class 6) substances through TELs and for ecotoxic (class 9)

substances through EELs. These exposure limits establish the maximum concentration of a substance

that is legally allowable in a particular environmental medium. A substance can be discharged to the

environment, if after reasonable mixing, the concentration does not exceed the exposure limit set by

the EPA.

59. The EPA has not set TELs and EELs for all toxic and eco-toxic substances. The wording of the

Disposal Regulations is not clear in regard to what the requirements are if no exposure limit has been

set. There are two interpretations:

a. If the EPA has not set an exposure limit for the substance, it cannot be discharged into the

environment, and must be treated through other methods prescribed; or

b. if the EPA has not set an exposure limit for the substance, the relevant regulations do not apply

(regs 8 (1)(b) and 9(1)(b)), so the substance can therefore be discharged directly into the

environment without treatment.

60. The EPA has always applied interpretation (a), which is the intent of the Disposal Regulations.

Interpretation (b) is counterintuitive to the management of risk, as it could lead to adverse

environmental outcomes. Hence, it is necessary to clarify the wording so that the intended policy intent

is achieved.

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July 2016

Proposed notice and rationale

61. The proposed notice will clarify the original intent of the Disposal Regulations, which is that if the EPA

has set a TEL or EEL for a substance, the substance can be disposed of:

a. By discharging the substance into the environment provided any exposure limits set for the

substance are not exceeded after reasonable mixing; or

b. By one of the other methods (treatment or export) referred to in Section 3.2: Overview of Disposal

Notice treatment and containment requirements.

62. If the EPA has not set a TEL or EEL for a substance, the substance may be disposed of by

discharging into the environment only if it is rapidly degradable and the products of degradation are

not hazardous (see proposal 3).

63. This will clarify the original intent of the regulations, and reduce the likelihood that hazardous

substances will be disposed of incorrectly.

3.3.4. Disposal Proposal 3: Discharge of rapidly degradable substances

Disposal proposal 3

Propose that a class 6 or 8 hazardous substance (other than one where a TEL has been set) can be

discharged into the environment if the substance is rapidly degradable and the products of

degradation are not hazardous.

For substances where a TEL has been set, the substance can only be discharged into the

environment provided that, after reasonable mixing, the concentration in the substance in an

environmental medium does not exceed any TEL set for the substance.

Note that other disposal methods are also applicable (refer clause 9 of the Draft Disposal Notice).

Problem definition

64. The current Disposal Regulations allow the discharge of a class 6 or 8 substance into the

environment, if that substance is rapidly degradable and the products of that degradation are not

hazardous. This provision applies regardless of whether or not a TEL has been set by the EPA (refer

clause 8(4) of Disposal Regulations). We consider that this provision is too permissive. Any discharge

of a substance for which a TEL has been set must comply with that TEL, regardless of whether the

substance is rapidly degradable.

Question 5

Do you agree that the TEL and EEL requirements should be clarified as stated above?

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July 2016

Proposed notice provision

65. We propose to clarify that this provision only applies to substances for which a TEL has not been set.

For substances where a TEL has been set, the substance can only be discharged into the

environment provided that, after reasonable mixing, the concentration of the substance in an

environmental medium does not exceed any TEL set for the substance.

Rationale

66. As many TELs have been set for highly hazardous substances, such as vertebrate toxic agents and

fumigants, they must be complied with to ensure no person is harmed, regardless of whether the

substance is rapidly degradable.

67. However, where TELs have not been set, this proposal would allow the discharge of large quantities of

hazardous substances. This has potential for harm and is arguably too permissive.

Question 6

Do you consider that hazardous substances that are rapidly degradable, and where the products

of that degradation are not hazardous, should be able to be discharged into the environment?

Question 7

Do you agree that any discharge of a substance that is rapidly degradable must comply with any

TEL set for that substance?

3.3.5. Disposal Proposal 4: Discharge of bioaccumulative substances

Disposal proposal 4

Propose that a class 9.1 substance that is, or contains a component that is, bioaccumulative and

not rapidly degradable can only be disposed of by:

export from NZ as waste; or

depositing in a contained landfill; or

treating the substance using a method that renders the substance no longer hazardous,

and removes any component that is bioaccumulative and not rapidly degradable.

Problem definition

68. Under the current Disposal Regulations, a class 9.1 substance (refer to Disposal Regulations 9(3))

that contains a component that is bioaccumulative and not rapidly degradable can be disposed of by:

treatment before discharge into the environment to reduce the percentage by volume of the

substance in the discharge to 1% or a lesser percentage set by the EPA.

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69. Dilution is not allowed by regulation 9(2)(b) of the Disposal Regulations, which we are carrying over to

the Disposal Notice.

70. This provision allows large quantities of bioaccumulative and not rapidly degradable substances to be

discharged into the environment where the volume of discharge is large. This could lead to a

significant burden and adverse effects on the environment, due to these intrinsic properties of

substances. This is not considered to be appropriate.

71. To safely dispose of the substance it must be exported, contained, or treated to render it no longer

bioaccumulative and not rapidly degradable.

Proposed notice provision for proposal 4

72. We propose not to carry over regulation 9(3) regarding treatment to reduce the percentage by volume

of the substance in the discharge to below 1 percent. Instead, we propose to allow class 9.1

substances that are, or contain a component that is, bioaccumulative and not rapidly degradable to

only be disposed of by:

a. export from NZ as waste

b. depositing in a contained landfill

c. treating the substance using a method that renders the substance no longer hazardous, and

removes any component that is bioaccumulative and not rapidly degradable.

3.3.6. Disposal proposal 5: Prohibition on disposal of hazardous

substances that are or contain halogenated organic compounds by

low temperature incineration

Disposal proposal 5

Prohibit disposal by low temperature incineration (below 850 degrees Celsius) of hazardous

substances that are halogenated organic compounds, or contain halogenated organic

compounds.

Problem definition

73. Incineration is a treatment method that permanently destroys many of the hazardous characteristics of

waste substances through heat exposure.

Question 8

Do you agree with the proposed changes to the provision relating to discharge into the environment of

class 9.1 substances that are bioaccumulative and not readily degradable?

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74. Low temperature incineration (below 850 degrees Celsius) is not suitable for hazardous substances

that are or contain halogenated organic materials. Low temperature incineration of these substances

results in toxic by-products, such as dioxins, which have serious human health effects. High

temperature incineration is required to destroy these hazardous wastes without producing dioxins.

75. The Resource Management Act prohibits the operation of high temperature (over 850 degrees

Celsius) hazardous waste incinerators with some exceptions (refer “regulatory framework for the

incineration of hazardous waste”, below).

76. Given the potential for harm arising from low-temperature incineration, we have considered whether

these hazardous substances should be allowed to be treated using low-temperature incineration.

Regulatory framework for the incineration of hazardous waste

77. The regulatory framework for the high temperature incineration of hazardous waste is provided

through the Resource Management (National Environmental Standards for Air Quality) Regulations

2004. The NES prohibits the operation of any new high temperature hazardous waste incinerator,

operated for the principle purpose of the destruction of hazardous wastes.

78. The NES exempt crematoria and three specified incinerators from this requirement, two of which have

since closed. The NES does not apply to incinerators converting municipal waste to energy, or the

vitrification of sewage sludge.13

79. Regional councils regulate the incineration of hazardous wastes at a low temperature (below 850

degrees Celsius) in regional plans. Requirements in regional plans vary, but most plans require

consent to incinerate hazardous wastes.

Proposed notice provisions

80. We propose prohibiting low temperature incineration (below 850 degrees Celsius) of hazardous

substances that are or contain halogenated organic materials.

81. We are considering what threshold (if any) of the amount of halogenated organic compound in the

hazardous substance to apply to this provision, and whether a transitional period is necessary.

Alternative Disposal Options

82. Alternative disposal options are available for hazardous substances containing halogenated organic

materials which are safer than incinerating the substance at a low temperature, and have less impact

on the environment. These include containment in a landfill, and export as waste (refer to section 3.2:

Overview of Disposal Notice treatment and containment requirements).

13 Ministry for the Environment, 2011 Users’ Guide to the revised National Environmental Standards for Air Quality, p.17, accessed at http://www.mfe.govt.nz/sites/default/files/2011-user-guide-nes-air-quality.pdf .

http://www.mfe.govt.nz/sites/default/files/2011-user-guide-nes-air-quality.pdf

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Rationale

83. The incineration disposal option requires the substance to be rendered no longer hazardous.

Incinerating substances containing halogenated organic materials at a low temperature, while it can

destroy the original substance, it can also create more hazardous substances as dioxins are released

during the incineration. This is not compliant with the intent and wording of the current Disposal

Regulations.

Benefits

84. We note that low temperature incineration of halogenated organic material is a practice that causes

dioxin emissions which cause serious health effects such as cancer, birth defects, and reproductive

and developmental problems.

85. The proposal creates a consistent national standard, as current requirements for low temperature

incineration of halogenated organic compounds are set by region.

86. This proposal would also contribute to New Zealand’s alignment with its international obligations.

Under the Stockholm Convention on Persistent Organic Pollutants14, New Zealand is committed to

reducing dioxin emissions.

Costs

87. We do not anticipate major costs from this proposal, as many regional plans impose restrictions on the

incineration of hazardous substances containing halogenated organic materials. For example, the

Regional Plan: Air for Otago prohibits the discharge of contaminants into air from the burning of

chlorinated organic chemicals, including of dioxins.15 This proposal would make requirements

consistent nationwide.

Question 9

Do you consider it necessary to provide a threshold of the amount of halogenated organic

compound in the hazardous substance to apply to this provision? If so, why?

Question 10

Do you consider that a transitional period is necessary? If so, why and what term would you

recommend?

14 UNEP, 2004, Stockholm Convention on Persistent Organic Pollutants, accessed at http://www.pops.int/documents/convtext/convtext_en.pdf 15 Otago Regional Council, Regional Plan: Air for Otago, accessed at http://www.orc.govt.nz/Documents/Publications/Regional/Air/Regional%20Plan%20Air%20for%20Otago%20-%20Updated%20to%201%20January%202009%20%5bwithout%20maps%5d.pdf

http://www.pops.int/documents/convtext/convtext_en.pdfhttp://www.orc.govt.nz/Documents/Publications/Regional/Air/Regional%20Plan%20Air%20for%20Otago%20-%20Updated%20to%201%20January%202009%20%5bwithout%20maps%5d.pdfhttp://www.orc.govt.nz/Documents/Publications/Regional/Air/Regional%20Plan%20Air%20for%20Otago%20-%20Updated%20to%201%20January%202009%20%5bwithout%20maps%5d.pdf

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3.3.7. Changes to requirements for detonating, deflagrating, and burning

explosive, flammable, and oxidising (classes 1, 2, 3, 4, and 5)

substances

88. There are four provisions in the current Disposal Regulations relating to the disposal of explosive,

flammable, and oxidising substances by detonation, deflagration and burning that we are proposing to

change. These provisions cover:

a. Requirements for disposal of explosive substances by detonation and deflagration (proposal 6).

b. The measure of heat radiation for disposal of flammable and oxidising substances by detonation,

deflagration, and burning (proposal 7).

c. Blast overpressure requirements for disposal of flammable and oxidising substances (proposal 8)

d. Disposal requirements for self-reactive substances and desensitised explosives (proposal 9).

3.3.8. Disposal Proposals 6 and 7: Q formula replacement and disposal

of explosives by HSW Regulations

Disposal proposal 6

Require disposal of explosives to be undertaken in accordance with regulation 9.27, 9.28, and

9.29 of the HSW (Hazardous Substances) Regulations.

Disposal proposal 7

Replace the Q Formula with a qualitative measure for flammable and oxidising substances.

Problem definition

89. The “Q formula” measures the amount of heat radiation a person can safely be exposed to for a set

time. The Disposal Regulations allow for the burning, deflagration, and detonation of substances as a

treatment option if no person is exposed to more heat radiation than the safe level calculated by the Q

Formula. The Q Formula is set out below.

90. To calculate the Q formula, you must enter the likely duration of exposure to heat in seconds. This

calculates the amount of heat radiation a person will be exposed to for that time.

The Q Formula

Q = 1.7 + 60t ^ (-0.9)

Q = heat radiation measured in kilowatts per square metre

T = time of exposure measured in seconds

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How does the Q Formula work?

91. A substance emits heat radiation when it is deflagrated, detonated, or burned. A person standing a

specified distance from the substance can withstand the heat for a defined time. This time is

dependent upon the level of heat radiation that the person is experiencing. The higher the level of heat

radiation, the shorter the time the person can withstand the heat. Therefore, the Q formula will

prescribe a shorter time period for which the person can be exposed to the heat if the substance gives

off more heat radiation.

Problems with the Q Formula

92. The Q Formula is difficult to use because it does not provide the distance at which a person can be

from the detonation, deflagration, or burning of the substance.

Regulatory framework

93. The proposed HSW Hazardous Substances Regulations include requirements for managing the

effects of intended detonation or deflagration. These requirements include an updated version of the Q

Formula that determines a safe distance that any person can be from a substance being detonated or

deflagrated. We do not propose the existing Q formula be carried forward into the Disposal Notice

because it is inconsistent with the HSW (Hazardous Substances) Regulations.


94. The following is proposed to address the above issues:

Proposal 6: Align regulation of disposal of explosives (class 1 substances) with regulation 9.27,

9.28, and 9.29 of the HSW (Hazardous Substances) Regulations through requiring any person

disposing of a substance by detonation or deflagration or burning to comply with those regulations.

Proposal 7: Replace the Q Formula in the requirements for flammable and oxidising (class 2, 3, 4

and 5) substances with a qualitative measure of heat radiation.

Rationale

Proposal 6: Aligning regulation of detonation and deflagration of explosives (class 1 substances)

with regulation 9.27, 9.28, and 9.29 of the HSW (Hazardous Substances) Regulations

95. Explosive (class 1) substances can only be disposed of safely if done in a workplace by a qualified

person, so we propose to align disposal with the HSW (Hazardous Substances) Regulations. This

ensures that the same process is required under both regulatory systems.

96. The current Hazardous Substances (Classes 1 to 5 Controls) Regulations 200116 place controls on the

use of explosive substances. All explosive substances, with a few exceptions, such as fireworks and

16 These regulations are being transferred to the new HSW (Hazardous Substances) Regulations

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July 2016

ammunition in small quantities, must be under the control of an approved handler in a workplace. This

requires disposal of these substances to be undertaken in a workplace.

97. The HSW (Hazardous Substances) Regulations requirements for intended detonation and deflagration

seek to ensure that no person will be harmed by detonating the substance. Those regulations contain

a formula that calculates the safe distance a person can be from an explosion, based on the quantity

and strength of the explosive substance.

Proposal 7: Replace the Q Formula in the requirements for flammable and oxidising substances with

a qualitative measure of heat radiation

98. As the Q Formula is difficult to calculate and enforce compliance with, we consider that a qualitative

measure of heat radiation is more suitable:

No person, or place where a person legally may be, can be exposed to an unsafe level of heat

that may harm a person.

99. This will simplify requirements for those disposing of hazardous substances.

Benefits

100. Requiring explosives (class 1 substances) to be detonated or deflagrated in line with the HSW

(Hazardous Substances) Regulations will align requirements so that the same process is followed

under each set of regulations. The alternative formula to be contained within the HSW (Hazardous

Substances) Regulations will be easier to use than the existing formula, and those people incinerating

hazardous substances will have the data needed to calculate the formula.

101. In addition, a qualitative measure of determining heat radiation for flammable and oxidising

substances will simplify the requirements, and facilitate compliance with the Notice.

Costs

102. The EPA has not identified any increased costs for this proposal.

Question 11

Do you agree that all persons should be required to detonate and deflagrate explosives in accordance with

the HSW (Hazardous Substances) Regulations?

Question 12

Do you agree that the Q Formula should be replaced by a qualitative measure of heat radiation?

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July 2016

3.3.9. Disposal Proposal 8: Remove blast overpressure control for

flammable gases and liquids

Disposal proposal 8

Remove blast overpressure control for flammable gases and liquids.

Problem definition

103. Flammable gases and flammable liquids (class 2.1.1 and 3.1 substances) do not have properties

similar to an explosive (class 1) substances, so do not need to be subject to blast overpressure

control, as blast overpressure is a sudden increase of shock waves caused by an explosive

detonation.


104. We propose to remove the blast overpressure control for flammable gases and liquids, as protection

from unacceptable levels of heat radiation is an appropriate control measure.

3.3.10. Disposal proposal 9: Require disposal of self-reactive

(class 4.1.2) substances and desensitised explosives (classes 3.2

and 4.1.3) by the requirements for explosives (class 1 substances)

Disposal proposal 9

Require disposal of self-reactive (class 4.1.2) substances and desensitised explosives (classes

3.2 and 4.1.3) to be undertaken in accordance with the requirements for explosives (class 1

substances)

Problem definition

105. Self-reactive substances and liquid desensitised explosives (classes 4.1.2 and 3.2 and 4.1.3

substances) can have similar properties to explosive substances. Desensitised explosives are diluted

or dissolved to suppress their explosive properties. However, these may become explosive under

certain circumstances. Self-reactive substances and mixtures are thermally unstable substances

which, when heated, may cause an explosion or a fire.

Question 13

Do you agree to remove the blast overpressure control for flammable liquids and gases (class 3.1

and 2.1.1 substances)?

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106. To reduce the risk of harm to the person disposing of the substance, these substances must be

disposed of according to the requirements for explosive substances. This proposal will ensure that a

qualified person will undertake the disposal of the substance in a workplace.

Question 14

Do you agree that the disposal of self-reactive substances and desensitised explosives (class

4.1.2 and 3.2 and 4.1.3 substances) should be undertaken in accordance the requirements for the

disposal of explosives?

3.3.11. Disposal requirements for compressed gases

Disposal proposal 10

No compressed gas, contained in a cylinder, can be disposed of into a landfill


107. We propose prohibiting compressed gas, contained in a cylinder, from being disposed of to a landfill.

The terms compressed gas and cylinder are defined in the HSW (Hazardous Substances)

Regulations.

Rationale

108. Depositing compressed gas, contained in a cylinder, can risk exposure of hazard posed by

compressed gas to people if the cylinder is damaged. For instance if the cylinder decays, or if the

cylinder is punctured, this could result in the gas venting and potentially causing harm.

Question 15

Do you agree that compressed gas, contained in a cylinder, should not be disposed of into a

landfill?

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3.3.12. Disposal requirements for householders’ packaging

Disposal proposal 11

We propose clarifying that the Disposal Notice does not apply to the disposal of

householders’ packaging


109. The notice will clarify that the requirements for the disposal of packaging under the notice will not

apply to householders or other consumers who supply packaging to a public or commercial waste

collection service for disposal.

Rationale

110. This provision was included in the group standards and is part of the consolidation of controls into

EPA Notices. The basis for this provision is that it is considered that small volumes of hazardous

substances disposed of domestically would be diluted by non-hazardous household waste, such that

the household’s waste stream would not exceed the hazardous property threshold. Further, it is

unlikely that domestic waste will contain highly hazardous substances, as these are restricted to

workplace use.

Benefits and costs of the proposal

111. The following outlines our qualitative assessment of the benefits and costs of the Disposal Notice

proposal, to New Zealanders overall and directly affected businesses.

4.1. Benefits

Benefits to the general public

112. The key benefits to the general public include:

a. Prohibiting low temperature incineration of substances containing halogenated organic materials;

a practice that results in dioxin emissions.

b. Requiring detonation and deflagration of explosives to be undertaken in a workplace prevents an

unqualified person from undertaking this disposal method, and potentially injuring members of the

public or causing damage.

Benefits to industry

113. The key benefits to industry from the proposals are clarifying the requirements for disposal of

hazardous substances. This will allow industry to more easily comply with the regulatory framework for

disposal. These include:

a. Providing an additional option for hazardous substances to be disposed of at landfills with

containment and isolation methods. This is particularly important for hazardous substances that

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cannot be treated before disposal to render them no longer hazardous, or substances that do not

readily decay within the landfill.

b. Clarifying the requirement that substances cannot be discharged to the environment without

treatment if no exposure limit is set. Industry will have a clearer idea of how to comply with key

requirements

c. Having the same requirements for detonation and deflagration of explosives under both the HSW

(Hazardous Substances) Regulations and the Disposal Notice. This will reduce compliance costs

for businesses through there being similar regulatory requirements.

Benefits to government

114. The proposed changes to the notice will help achieve New Zealand’s environmental goals, better align

New Zealand with best practice recommended under international conventions, and better align

different regulations. The benefits include:

a. The proposed change to incineration requirements will align the Disposal Notice with

recommendations in the Basel Convention technical guidelines, and contribute towards achieving

our commitments under the Stockholm Convention.

b. The proposed change to require explosives to be detonated or deflagrated in a workplace aligns

the Disposal Notice requirements with the HSW (Hazardous Substances) Regulations.

c. A key benefit of shifting the regulation of disposal of hazardous substances into a notice is that it

enables requirements to be updated more readily so that they keep in line with best practice. The

EPA can issue notices more readily than regulations can be made, and keep the notices up to

date with national and international developments and knowledge. If technology improves, or the

Basel Convention technical guidelines are updated, we can readily update the Disposal Notice to

align with these changes. Substance approvals and group standards that incorporate the

requirements of the Disposal Notice by reference will also be able to be readily updated to refer to

new versions of the Disposal Notice.

Benefits to the environment

115. The key benefits to the environment come from the proposed improved requirements regarding

landfills, incineration, and EELs. These benefits include:

a. Clarifying that if an EEL is not set for a substance, it cannot be discharged to the environment and

must be disposed of by another method, will reduce the likelihood of harmful substances being

discharged and contaminating the environment.

b. Introducing the containment option for landfills ensures that substances, which cannot be treated

to render them no longer hazardous, are disposed of into landfills that isolate and contain the

substance. This will reduce the risk of substances entering the environment, contaminating water

supplies, and therefore harming people.

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c. Prohibiting low temperature incineration of substances containing halogenated organic materials,

as this practice causes dioxin emissions.

4.2. Costs

Costs to the general public

116. We have not identified significant costs to the general public from these proposals.

Costs to the industry

117. We have not identified significant costs to industry from these proposals. However, some regions may

not have landfills with sufficient controls to isolate and contain hazardous substances. Nevertheless,

most of these regions should have transfer stations where hazardous substances can be collected

and sent to an acceptable landfill for disposal.

Costs to government

118. Costs may be incurred if the government decides to build more landfills with the proposed isolation

and containment controls.

119. There may be increased costs if greater quantities of hazardous substances are deposited at transfer

stations.

Costs to the environment

120. We have not identified significant costs to the environment from these proposals.

4.3. Conclusions

121. We consider that the benefits of the proposals outweigh the costs. The notice will update disposal

requirements in line with best practice, mitigating risks to the environment and human health from

disposal of hazardous substances.

122. We note the following conclusions for the major proposals:

a. Landfill containment proposal: The benefits from containing substances so they do not enter the

environment will outweigh the costs of having to transport substances to a landfill suitable for

containment.

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b. Incineration proposal: we consider that the alternative disposal options for substances that are or

contain halogenated organic material are safer and have less impact on the environment.

Responding to this consultation document

123. We seek your views on the proposals presented in this consultation document to issue an EPA

(Disposal) Notice under the HSNO Act. Your feedback is important, as it will enable us to make

decisions on the proposal to issue this notice. Please take this opportunity to have your say.

124. Please submit your comments no later than 5:00 PM 22 August 2016.

125. You can download a submission form from our website here.

126. The submission form brings together all the proposal components and questions asked throughout the

consultation document in table format. Page references are provided to help you locate the relevant

discussion as necessary.

127. Completed forms are to be emailed to [email protected] .

Or mailed to EPA Private Bag 63002, Waterloo Quay, Wellington 6140.

128. Please consider all the questions in the document, as they each contribute to the proposed disposal

requirements for the EPA (Disposal) Notice.

Posting and release of information

129. We may post all or parts of any written submission on our website at www.epa.govt.nz. Making a

submission implies that you consent to such publication, unless you clearly specify otherwise in your

submission.

130. The content of submissions may be subject to public release under the Official Information Act 1982

following requests to the EPA. Please clearly indicate if you have any objection to the release of any

information contained in your submission, and in particular which part(s) you consider should be

withheld, together with the reason(s) for withholding the information. We will take into account all such

objections when responding to requests for copies and information on submissions to this document

under the Official Information Act 1982.

131. At the close of the consultation period, we will review and analyse the submissions received and

prepare a summary. This summary will be available to all submitters and placed on our website.

Privacy

132. The Privacy Act 1993 establishes certain principles with respect to the collection, use, and disclosure

of information about individuals by various agencies, including the EPA. It governs access by

Question 16

Do you consider that the benefits of these proposals will outweigh the costs?

http://www.epa.govt.nz/consultations/hazardous-substances/Pages/Submissions-sought-on-changes-to-rules-for-disposal-of-hazardous-substances.aspxmailto:[email protected]://www.epa.govt.nz/

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July 2016

individuals to information about themselves held by agencies. Any personal information you supply in

the course of making a submission will be used only in conjunction with the matters covered by this

document. Please clearly indicate in your submission if you do not wish your name to be included in

any summary of submissions that the EPA may publish.

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Appendix A: International Practice

United States of America

133. The Land Disposal Restrictions (LDR) programme, under the Resource Conservation Recovery Act

(RCRA), outlines the standards for disposal of hazardous wastes17. The LDR programme requires

wastes to be properly treated prior to land disposal to eliminate hazardous components.

134. The LDR programme ensures that toxic constituents present in hazardous waste are properly treated

before hazardous waste is land disposed.

135. Hazardous wastes are categorised by hazardous substance property, such as ignitability or

corrosivity, and maximum concentration limits for each category are set. The hazardous waste must

be treated by a method prescribed in the regulations so that the hazardous constituents in the waste

are at or below the values in the table before the waste is disposed in a landfill.

136. Landfill design standards require a double liner, leachate collection and removal systems, leak

detection system, and run-on, run-off and wind dispersal controls.

Australia

137. State governments regulate the disposal of hazardous substances in Australia. The hazardous

substances disposal systems of New South Wales and Victoria are outlined below.

138. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 implements Australia’s

commitment to the Basel Convention.

New South Wales

139. The New South Wales Environmental Protection Authority (NSW EPA) regulates hazardous chemicals

through the Environmentally Hazardous Chemicals Act 1985 (EHC Act). 18

140. The NSW EPA sets controls on hazardous substance activities through Chemical Control Orders

(CCO), which require that certain activities be subject to particular licence conditions. The NSW EPA

can make orders in relation to single substances, groups of substances, and particular waste streams.

Victoria

141. The Environmental Protection (Industrial Waste Resource) Regulations 2009 regulate the disposal of

hazardous waste, defined as ‘prescribed industrial waste’19. The Regulations categorise wastes by

17 United States Environmental Protection Agency, 2001, Land Disposal Restrictions: Summary of Requirements, http://www3.epa.gov/epawaste/hazard/tsd/ldr/ldr-sum.pdf 18 NSW EPA, 2013, Chemicals management, accessed at http://www.epa.nsw.gov.au/pesticides/chemicalmgt.htm . 19 Legislation VIC, Environment Protection (Industrial Waste Resource) Regulations 2009, accessed at

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