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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