User Guide to Thresholds and Classification - Environmental ...

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2User Guide for Thresholds and ClassificationsRecord of AmendmentsA record of changes to this document will be maintained below.Amendment Number Section DateReformatted in EPA style October 2011DisclaimerThis user guide provides only general advice on the thresholds and classifications for substances under theHSNO Act. It is not a definitive interpretation of the HSNO Act or its regulations. We suggest you carefullyconsider the HSNO Act and its regulations, and obtain your own professional advice.January 2012 EPA0109
3User Guide for Thresholds and ClassificationsPrefaceThe Hazardous Substances and New Organisms Act 1996 (HSNO Act) reforms and restates the law relatingto the management of hazardous substances and new organisms in New Zealand. With particular referenceto hazardous substances, the HSNO Act replaced the Dangerous Goods Act 1974, Explosives Act 1957,Pesticides Act 1979, and Toxic Substances Act 1979 from 2 July 2001. A series of hazardous substancesregulations made under the HSNO Act replaced the regulations made under the earlier legislation.A key feature to managing hazardous substances under the HSNO Act is determining what substances areclassed as ‗hazardous substances‘. The initial responsibility for making this judgement rests with the importeror manufacturer of the substance. To assist you in making this decision, the EPA has prepared this userguide.The determination of whether a substance is ‗hazardous‘ is a technical and a legal determination. Themanufacture or importation of a hazardous substance without an approval is an offence under section 25(1)of the HSNO Act. If a company is manufacturing or importing a hazardous substance otherwise than inaccordance with a HSNO Act approval, a HSNO Act enforcement agency such as the Department of Labourcould prosecute that company.We strongly recommend that if, after completing an evaluation, you decide a substance is not hazardous,you thoroughly document your reasons for this decision. It is also a condition of Group Standard approvalsthat you retain a record of the classification determination for the purposes of assignment to a particularGroup Standard.You may wish to obtain expert advice to support your decision. The EPA provides a Status of Substanceservice to provide informal advice about whether a substance is hazardous and/or covered by an existingapproval (see our website for more information, www.epa.govt.nz). The EPA will make formal determinationsonly in special circumstances. (These circumstances include the determination of whether or not asubstance is a hazardous substance under section 26 of the HSNO Act and regulations made under section75(1)(g) of the HSNO Act, declaring a substance not to be hazardous for the purposes of the Act.)If you conclude that your substance is hazardous you need to get an approval from the EPA, unless yoursubstance is covered by an existing Group Standard or other existing HSNO Act approval. The Status ofSubstance service also says whether the substance is covered by an existing Group Standard or a HSNOAct approval. If you are considering making an application to import or manufacture the substance, our staffare happy to advise you. You may obtain more information about the HSNO Act and EPA procedures fromour website (www.epa.govt.nz).January 2012 EPA0109
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