Controls on Ammunition and Components Under the HSNO

Controls on Ammunition and Components Under the HSNO Act COLFO ‘Cutting the Tape’ Seminar Wellington 13 October 2007 Dr Peter Dawson Principal Scientist Environmental Risk Management Authority New Zealand

Outline • Overview of HSNO Act • Classifications and Controls on Ammunition and Propellants • Test certificates and test certifiers • Importing explosives • Contact details

The HSNO Act 1996 Restates and reforms the law relating to: • Management of hazardous substances • Decision-making on introduction of new hazardous substances (and new organisms) Establishes the Environmental Risk Management Authority (ERMA NZ)

HSNO Act 1996 Hazardous Substances + New Organisms Purpose To protect the environment and the health & safety of people & communities by preventing or managing the adverse effects of hazardous substances & new organisms ‘Cradle to Grave’ approach setting controls on how substances are classified, contained, labeled, stored, used, transported or disposed of

Legislation Replaced • The HSNO Act repealed and replaced – Dangerous Goods Act 1974 – Toxic Substances Act 1979 – Explosives Act 1957 – Pesticides Act 1979 – Plus amendments to other legislation

Agencies Replaced • • • Toxic Substances Board - Ministry of Health Pesticides Board - Ministry of Agriculture Dangerous Goods Inspectorate Department of Labour • Explosives Inspectorate - Department of Labour Replaced largely by ERMA New Zealand

HSNO Act • All hazardous substances in all sectors (except transport) regulated in NZ by – Hazardous Substances & New Organisms Act 1996 – Transport regulations based on UNRTDG, IMDG, ICAO • Law commenced 2 July 2001 for haz subs • Transitional Arrangements in place until transfer of existing substances undertaken (finally expired July 2006) – Existing regulations under Explosives Act, Dangerous Goods Act, Toxic Substances Act, Pesticides Act retained until substances transferred

HSNO Act New Organisms (July 1998) Previous Approvals Hazardous Substances (July 2001) New organisms New Hazardous Substances APPLICATION FOR APPROVAL PROCESS Applies now for New Organisms Applies now for New Hazardous Substances Existing Hazardous Substances • Substances controlled under old legislation • Need to be transferred to the framework of the HSNO Act = TRANSFER PROJECT

Dangerous Goods 600 Explosives Pesticides 400 Licensed Animal Remedies 2000 1500 Scheduled Toxic Substances Assessed Substances 400 4900 TRANSFER PROJECT OVERVIEW “Small-scale use” (s 33) Substances Non - Assessed Substances (NOTS) Assessed Substances 210, 000 Single Chemicals Formulated/ Manufactured Products Chemical Mixtures Generic Notifications Non-hazardous Substances

Existing substances – transfer project • Substances transferred – Explosives - August 2003 – – – Dangerous Goods, Scheduled Toxic Substances - April 2004 Pesticides - July 2004 Vertebrate poisons (except 1080) - Nov 2004 Fumigants - November 2004 Storage & Disposal of Persistent Organic Pollutants – Dec 2004 Timber Preservatives, Antisapstains and Antifouling Paints – Jan 2005 1080 - July 2005 Veterinary Medicines – July 2005 Pesticides & Veterinary Medicine Actives – June 2006 Remainder of chemicals (around 5, 000) – July 2006 Industrial/commercial/domestic products (around 100, 000 by 200 Group Standards) – July 2006

Hazard Classification under HSNO • HSNO (Minimum Degrees of Hazard) Regulations 2001 – Define regulatory thresholds for hazardous properties • Hazardous Substances (Classification) Regulations 2001 – Classification framework based on UN GHS categories (for explosives this is same as UNRTDG categories) • • • http: //www. legislation. govt. nz Covers the six GHS hazardous properties All hazards currently classified (for the most part) as per GHS in May 2001 – revision to align with GHS 2007 underway

Physical Hazard Classifications

HSNO Regulatory “Toolbox” HSNO Act & Regulations Hazardous substances Threshold Classification • Explosive • Flammable • Oxidising • Corrosive • Toxic • Ecotoxic Required information (Haz. Subst. ) Enforcement officer, test certifier competencies Property performance requirements Lifecycle performance requirements Small scale exempt Laboratories Explosive Fireworks for public sale Flammable Oxidising Packaging Identification Disposal Compressed gas containers Toxic incl bio corrosives Bulk containers (fixed and moveable) Ecotoxic Emergency preparedness Tracking Competency

Regulations • • • Minimum Degrees of Hazard Regulations 2001 Classification Regulations 2001 Class 1 to 5 Controls Regulations 2001 Class 6, 8 & 9 Controls Regulations 2001 Packaging Regulations 2001 Identification Regulations 2001 Emergency Management Regulations 2001 Disposal Regulations 2001 Tracking Regulations 2001 Personnel Qualifications Regulations 2001 Fireworks, Safety Ammunition & Other Explosives Transfer Regulations 2003

Classification of Ammunition and Components • Fireworks, Safety Ammunition & Other Explosives Transfer Regulations 2003 – Schedule 2 Safety Ammunition • Safety ammunition – classification 1. 4 S UN 0012 (centre or rimfire primer, calibre up to 19. 1 mm, incl all shotgun) • Blank ammunition – classification 1. 4 S UN 0014 • Primers, cap type – classification 1. 4 S UN 0044 • Cartridge cases (empty) with primer – classification 1. 4 S UN 0055

Classification of Ammunition and Components • Fireworks, Safety Ammunition & Other Explosives Transfer Regulations 2003 – Schedule 3 Other Explosives • Black powder – classification 1. 1 D UN 0027 • Smokeless powder (single base) – classification 1. 3 C (1. 1 C in quantities > 500 kg) UN 0161/160 • Smokeless powder (double base) – classification 1. 3 C (1. 1 C in quantities > 500 kg) UN 0161/160 • Smokeless powder (triple base) – classification 1. 3 C (1. 1 C in quantities > 500 kg) UN 0161/160 • Propellants, solid – classification 1. 3 C UN 0499 (eg. Hodgdon Pyrodex)

Explosive Property Controls [Classes 1 to 5 Controls] • Avoid likelihood of unintended initiation/ ignition • Limit the level of adverse effects in the event of intended or unintended initiation/ignition • Objectives achieved by controls on – – – Containers for securing explosives Management of locations and operations Intended detonation Transfer and transportation of explosives Test Certificates for locations and personnel (approved handlers)

Explosive Property Controls [Classes 1 to 5 Controls] • Approved handlers – Safety ammunition, blank ammunition, primers, pre-primed empty cartridges are Exempt (in all quantities) – Propellant powders, incl gunpowder • Required, before the point of sale to the public, for 50 kg and over • Required, after the point of sale to the public, for 15 kg and over • Powders may be ‘handled’ by a person who is not an approved handler if an approved handler: – is present at the location – has provided guidance – is available to provide assistance…at all times…whilst the substance is being handled

Explosive Property Controls [Classes 1 to 5 Controls] • Storage – Containers for securing explosives • Ammunition and primers only required to be secured • Propellant powders (incl gunpowder) – 15 kg and under, when not for sale – ‘lock & key’ only, provided that container is located separate from any dwelling – Over 15 kg, when not for sale – ‘magazine’ (regs 23 - 25 – test certificates required) – eg. converted freight container (AS 2187. 1) – When held for sale, 50 kg and under – ‘readily moveable container (portable magazine) (regs 23 - 25 – test certificate required) AS 2187. 1 – When held for sale, over 50 kg – ‘magazine’ (regs 23 - 25 – test certificates required) – eg. converted freight container (AS 2187. 1)

Explosive Property Controls [Classes 1 to 5 Controls] • Storage • Similar provisions applied under the previous Explosives Act – Up to 15 kg of gunpowder or any nitro compound, ‘adapted and intended exclusively for use in cartridges for small arms’, could be stored for private use only and not for sale – Had to be stored ‘in a building at a safe distance from a dwelling house, and, when not in use, had to be kept securely locked and ‘the explosive secure from danger of accident by fire or explosion’. – Other than above, a licence to store explosives was required

Explosive Property Controls [Classes 1 to 5 Controls] • Management of Locations – Hazardous substance location • Propellant powders – 15 kg and over • Safety ammunition, pre-primed cartridges and primers – 10, 000 kg (gross weight) and over • Notification to enforcement officer of establishment • Ensure approved handler available • Storage meets prescribed requirements • Controls to reduce likelihood of unintended initiation in place (eg controls on heat and fire ignition sources) • Test certified – Not required for safety ammunition, primed cartridges, primers – Propellant powders – over 100 kg – Gunpowder – over 50 kg • Establishment of controlled zone

Tracking Regulations • Location and movement recorded at each stage of lifecycle (eg. sales and use) • May only transfer if: – To an Approved Handler – To an certified location (for storage) • Tracking is not required for: – safety ammunition, pre-primed cartridges and primers – propellant powders, < 15 kg, beyond the point of sale to the public

Import Certificates • Import certificate required for each shipment – issued by ERMA NZ to allow Customs clearance – – • • Quantity Port of entry Place of storage Date of arrival Certifies that explosive has an approval under HSNO Act Not required for safety ammunition, pre-primed cartridges and primers

The Compliance System HSNO Act Regulations Methodology Enforcement Officers Controls Self Responsibility Voluntary Industry Standards & Guidelines Approved Codes of Practice Test Certification Mandatory Test Certifiers

Implementation of controls • Via adoption of Codes of Practice • Codes will detail acceptable means of meeting performance requirements • ERMA can issue, amend, approve and revoke Codes of Practice • Codes can be existing documents, such as standards, other COPs (OSH), industry codes

Test certificates and test certifiers • Test certificates for certain facilities (magazines, locations) and competent handlers • Test certificates must be obtained from an approved Test Certifier • ERMA maintains a register of approved Test Certifiers • Approval relates to specific test certification functions

Test Certifiers Who are they? • See ERMA New Zealand website www. ermanz. govt. nz/search/tc. html • Contact ERMA New Zealand • David Querido Email: david. querido@ermanz. govt. nz Tel: 04 918 4838

Importing Explosives www. ermanz. govt. nz/hs/compliance/explosives/import. html

HSNO Import Certificate • www. ermanz. govt. nz/resources/publications/ word/import-certif. doc • • Complete details Send to ERMA New Zealand (fee: $100 + GST) ERMA New Zealand certifies that explosives are approved Contact: Sarah Gauden-Ing Ph: 04 9184 854 explosives@ermanz. govt. nz • •

Not sure if explosive approved? • • • Hazardous Substance (Fireworks, Safety Ammunition, and other Explosive Transfer) Regulations 2003 (www. legislation. govt. nz) Status of Substance request to ERMA www. ermanz. govt. nz/hs/applications/status-ofsubstance. html Form: HS 6 A Fee: $100 + GST sos@ermanz. govt. nz

New Explosive • • • Application for approval from ERMA New Zealand – Full approval – Rapid assessment www. ermanz. govt. nz/hs/applications/index. html Propellants and ammunition and components have been approved generically so unlikely new approvals would be necessary

How to contact us explosives@ermanz. govt. nz Tel: 0800 376234 www. ermanz. govt. nz