1490 NEW ZEALAND GAZETTE, No. 66 14 MAY 2009

Notice

1. Title—This notice is the Hazardous Substances (Methylarsinic Acid & MSMA Direction Prohibiting Use and Controlling Storage and Disposal) Notice 2009.

2. Commencement—This notice comes into force 28 days after the date of notification in the New Zealand Gazette.

3. Interpretation—(1) In this notice, words and phrases have the meanings given to them in the Act and in Regulations made under the Act.

(2) In this notice, the following words have the following meanings:

collector means a person, other than the holder, who collects, transports or stores methylarsinic acid or MSMA for the purpose of disposal, in accordance with this notice.

environmentally sound disposal means disposal in accordance with clause 7 of this notice.

holder means a person who is in possession of methylarsinic acid or MSMA on or after the date this notice comes into force prior to collection by a collector.

methylarsinic acid means methylarsinic acid (CAS Number 124-58-3).

MSMA means the soluble concentrate of methylarsinic acid (as a sodium salt) (CAS Number 2163-80-6) used in a formulation containing 600g/litre methylarsinic acid.

4. Prohibition on use—(1) No person may use methylarsinic acid after the date of commencement of this notice.

(2) No person may use MSMA after the expiry of 31 May 2010.

5. Controls on use of MSMA until 31 May 2010—The controls set out in the Appendix to this notice shall apply to the use of MSMA from the date of commencement of this notice until the expiry of 31 May 2010.

6. Storage of methylarsinic acid and MSMA—Holders and collectors must ensure that methylarsinic acid and MSMA are only stored in suitable containers and kept in buildings and places which are:

(a) secure and suitable for the purpose taking into account the quantities stored, moisture control, ventilation and spill containment; and

(b) sited so that the risk of contamination of people, animals, crops and the environment is minimised.

7. Controls on the disposal of methylarsinic acid and MSMA—(1) Methylarsinic acid and MSMA may be disposed of by:

(a) treating the substance using a method that changes the characteristics or composition of the substance so that the substance or any product of such treatment is no longer a hazardous substance; or

(b) exporting the substance from New Zealand as waste for environmentally sound disposal provided that such export complies with the relevant requirements of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the OECD Decision C(2001)107 on the Control of Transboundary Movement of Wastes Destined for Recovery Operations.

(2) In subclause (1)(a), treating the substance does not include:

(a) (save in the case of use of MSMA in accordance with the controls set out in the Appendix to this notice before the expiry of 31 May 2010) application to or discharge to any environmental medium; or

(b) dilution of the substance with any other substance before discharge into the environment; or

(c) depositing the substance in a landfill or a sewage facility; or

(d) depositing the substance in an incinerator unless in doing so the substance is treated in accordance with subclause (1)(a).

(3) All stocks of methylarsinic acid and MSMA must be disposed of by the expiry of 31 May 2010.

8. Controls on collectors of methylarsinic acid and MSMA—(1) A collector must ensure that equipment used to handle the substance complies with Regulation 7 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001.

(2) A collector who handles methylarsinic acid or MSMA must comply with Regulation 8 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001.

(3) Regulation 9 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001 applies to any quantity of methylarsinic acid or MSMA.

(4) For the purposes of Regulation 10 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001, no methylarsinic acid or MSMA in any quantity may be carried on any passenger service vehicle.

(5) When stored for the purpose of environmentally sound disposal, methylarsinic acid or MSMA must not be mixed with any other substance.

(6) The Hazardous Substances (Packaging) Regulations 2001 apply to methylarsinic acid or MSMA as if they are deemed to have a hazard classification that is class 6.1C. Transport of methylarsinic acid or MSMA by land within New Zealand shall comply with all relevant requirements of the Land Transport Rule: Dangerous Goods 2005 (Rule 45001/1).

(7) Transport of methylarsinic acid or MSMA by sea within New Zealand shall comply with all relevant requirements of either the Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous Goods (MR024A) or the International Maritime Dangerous Goods Code.

(8) Transport of methylarsinic acid or MSMA by air within New Zealand shall comply with all relevant requirements of Part 92 of the Civil Aviation Rules.

(9) The Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 apply to methylarsinic acid or MSMA stored or transported in a tank, tank wagon or transportable container as those terms are defined in those Regulations.

(10) The location and movement of methylarsinic acid or MSMA must be recorded in accordance with the Hazardous Substances (Tracking) Regulations 2001.

(11) The Hazardous Substances (Emergency Management) Regulations 2001 apply to methylarsinic acid or MSMA as if they are deemed to have hazard classifications that are class 6.1C and 9.1A.