Hazardous Substances and New Organisms (Schedules 1AA and 2A) Order 2018
2018/256
Hazardous Substances and New Organisms (Schedules 1AA and 2A) Order 2018
Patsy Reddy, Governor-General
Order in Council
At Wellington this 10th day of December 2018
Present:
Her Excellency the Governor-General in Council
This order is made under sections 140A(1) and 140B(a) of the Hazardous Substances and New Organisms Act 1996—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for the Environment made after having complied with section 141(1) of that Act (in relation to the amendments to Schedule 2A of that Act).
Order
1 Title
This order is the Hazardous Substances and New Organisms (Schedules 1AA and 2A) Order 2018.
2 Commencement
This order comes into force on 18 December 2018.
3 Amendments to Hazardous Substances and New Organisms Act 1996
Clauses 4 and 5 amend the Hazardous Substances and New Organisms Act 1996.
4 Schedule 1AA amended
(1)
In Schedule 1AA, Annex A, Part I, table, insert in their appropriate alphabetical order:
| Chemical | Activity | Specific exemption | ||
|---|---|---|---|---|
| Decabromodiphenyl ether (BDE-209) present in commercial decabromodiphenyl ether CAS No: 1163-19-5 |
Production | As allowed for the Parties listed in the Register |
||
| Use | In accordance with Part IX of this Annex:
|
|||
|
Short-chain chlorinated paraffins (Alkanes, C10-13, chloro)+: straight-chain chlorinated hydrocarbons with chain lengths ranging from C10 to C13 and a content of chlorine greater than 48 per cent by weight For example, the substances with the following CAS numbers may contain short-chain chlorinated paraffins: CAS No. 85535-84-8; CAS No. 68920-70-7; CAS No. 71011-12-6; CAS No. 85536-22-7; CAS No. 85681-73-8; CAS No. 108171-26-2. |
Production | As allowed for the Parties listed in the Register |
||
| Use |
|
(2)
In Schedule 1AA, Annex A, Part I, after note (vi), insert:
(vii)
Note (i) does not apply to quantities of a chemical that has a plus sign (“+”
) following its name in the “Chemical”
column in Part I of this Annex that occurs in mixtures at concentrations greater than or equal to 1 per cent by weight.
(3)
In Schedule 1AA, Annex A, after Part VIII, insert:
Part IX Decabromodiphenyl ether
1.
The production and use of decabromodiphenyl ether shall be eliminated except for Parties that have notified the Secretariat of their intention to produce and/or use it in accordance with Article 4.
2.
Specific exemptions for parts for use in vehicles may be available for the production and use of commercial decabromodiphenyl ether limited to the following:
(a)
Parts for use in legacy vehicles, defined as vehicles that have ceased mass production, and with such parts falling into one or more of the following categories:
(i)
Powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air-conditioning (MAC) pipes, powertrains, exhaust manifold bushings, under-hood insulation, wiring and harness under hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors;
(ii)
Fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body;
(iii)
Pyrotechnical devices and applications affected by pyrotechnical devices such as air bag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side);
(iv)
Suspension and interior applications such as trim components, acoustic material and seat belts.
(b)
Parts in vehicles specified in paragraphs 2 (a) (i)–(iv) above and those falling into one or more of the following categories:
(i)
Reinforced plastics (instrument panels and interior trim);
(ii)
Under the hood or dash (terminal/fuse blocks, higher-amperage wires and cable jacketing (spark plug wires));
(iii)
Electric and electronic equipment (battery cases and battery trays, engine control electrical connectors, components of radio disks, navigation satellite systems, global positioning systems and computer systems);
(iv)
Fabric such as rear decks, upholstery, headliners, automobile seats, head rests, sun visors, trim panels, carpets.
3.
The specific exemptions for parts specified in paragraph 2 (a) above shall expire at the end of the service life of legacy vehicles or in 2036, whichever comes earlier.
4.
The specific exemptions for parts specified in paragraph 2 (b) above shall expire at the end of the service life of vehicles or in 2036, whichever comes earlier.
5.
The specific exemptions for spare parts for aircraft for which type approval has been applied for before December 2018 and has been received before December 2022 shall expire at the end of the service life of those aircraft.
(4)
In Schedule 1AA, Annex C, Part I, table, insert in its appropriate alphabetical order:
Hexachlorobutadiene (CAS No: 87-68-3)
(5)
In Schedule 1AA, Annex C, Part II, after “Hexachlorobenzene,”
, insert “hexachlorobutadiene,”
.
(6)
In Schedule 1AA, Annex C, Part II, replace “biphenyls, and”
with “biphenyls,”
.
(7)
In Schedule 1AA, Annex C, Part III, after “Hexachlorobenzene,”
, insert “hexachlorobutadiene,”
.
(8)
In Schedule 1AA, Annex C, Part III, replace “biphenyls, and”
with “biphenyls,”
.
5 Schedule 2A amended
(1)
In Schedule 2A, insert in their appropriate alphabetical order:
| Substance | Use or storage | Manufacture | Expiry of permitted use or storage | |||
|---|---|---|---|---|---|---|
| Decabromodiphenyl ether (BDE-209) present in commercial decabromodiphenyl ether CAS No: 1163-19-5 |
(a)parts for use in vehicles, including vehicles containing those parts: |
(a)end of the service life of vehicles or in 2036, whichever comes earlier: |
||||
(b)aircraft for which type approval has been applied for before December 2018 and has been received before December 2022 and spare parts for those aircraft: |
(b)end of the service life of those aircraft: |
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(c)articles where DecaBDE has been used as an additive in plastics (such as in electrical and electronic equipment, wires, cables, and pipes), in textiles (such as in carpets, upholstery, window blinds and curtains, and mattresses), and in adhesives, sealants, and coatings—present in New Zealand before 18 December 2018 |
(c)(no expiry date) |
|||||
Short-chain chlorinated paraffins (Alkanes, C10-13, chloro): straight-chain chlorinated hydrocarbons with chain lengths ranging from C10 to C13 and a content of chlorine greater than 48 per cent by weight. The listing includes quantities of this chemical that occurs in mixtures at concentrations greater than or equal to 1 per cent by weight, as specified under note (vii) of Part 1 of Annex A of the Stockholm Convention |
Articles where SCCPs have been used as additives in rubber and plastic goods, in adhesives and sealants, and as water-proofing and flame-retardant agents for textiles—present in New Zealand before 18 December 2018 | (no expiry date) |
(2)
In Schedule 2A, first column, replace “Perfluorooctane sulfonic acid (CAS No: 1763-23-1), its salts and perfluorooctane sulfonyl fluoride (CAS No: 307-35-7)”
with “Perfluorooctane sulfonic acid (CAS No: 1763-23-1), its salts, and any derivatives of the formula C8F17SO2X, where X = halide, amide, esters, and other derivatives including polymers”
.
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order amends the Hazardous Substances and New Organisms Act 1996 (the Act). It comes into force on 18 December 2018. The order makes changes to Schedules 1AA and 2A of the Act to implement the 2017 amendments to the Stockholm Convention on Persistent Organic Pollutants.
Date of notification in Gazette: 13 December 2018.
This order is administered by the Ministry for the Environment.