To use a hazardous substance in a special emergency
To import for release, release from containment, or use any hazardous substance in a special emergency under section 49D of the Hazardous Substances and New Organisms Act 1996
Send by post to: Environmental Protection Authority, Private Bag 63002, Wellington 6140 OR email to: [email protected]
Name of Substance(s)
Water dispersible granule containing 600 g/kg metsulfuron-methyl (Substance B)
Applicant
Waikato Regional Council
Date
3 August 2012
OFFICE USE ONLY
Application Code Date received
EPA Contact Application Version No
Completing this application form
1. This form has been approved under section 47 of the Hazardous Substances and New Organisms (HSNO) Act 1996. The form covers approval to import for release, release from containment or use any hazardous substance in the event of a special emergency or impending special emergency. A special emergency means an adverse event that is declared by a responsible Minister1 to be a special emergency under section 49B of the HSNO Act.
2. It is recommended that you contact an Advisor at the EPA as soon as possible. An Advisor can help you scope and prepare your application and speed up the application process.
3. This application form may be used to seek approvals for more than one hazardous substance, if the substances are used for the same purpose in a special emergency, and are of a similar nature.
4. Any extra material that does not fit in the application form must be clearly labelled, cross-referenced, and included as appendices to the application form.
5. Confidential information must be collated in a separate appendix. You need to justify why you consider the material to be confidential, and ensure it is clearly labelled as such.
6. This application form (with the exception of any information contained in a confidential appendix) may be made publicly available.
7. The application must include the information required by the EPA that, depending on the special emergency, the applicant can provide in the time available.
8. The application form may be completed manually or electronically; however, the form must be signed manually. Print the application form to do this. Scan and submit the application form by email or submit by post.
9. If you are completing the form electronically, use the mouse to move between filed or press or arrows on the keyboard. You may copy and paste from other documents.
10. The EPA will complete a rapid assessment of the application as soon as practicable after receiving the application.
11. For more information or further help, please contact our staff. Contact details are available on our website.
This form was approved by the Chief Executive on 25 July 2012
1 ‘Responsible Minister’ is defined in section 49A of the HSNO Act
1. Applicant details
1.1. Applicant2
Company Name: Waikato Regional Council
Contact Name: Kevin Collins
Job Title: Programme Manager – Natural Heritage
Physical Address: 401 Grey Street, Hamilton East, Hamilton 3216
Postal Address (provide only if not the same as the physical): Phone (office and/or mobile): 07 859 0807
Fax:
Email: [email protected]
1.2. Signature
This application must be signed by the applicant or the applicant’s contact indicated in 1.1.
I request the EPA to waive any legislative information requirements (i.e. concerning the information that shall be supplied in my application) that my application does not meet (tick if applicable).
I have completed this application to the best of my ability and, as far as I am aware, the information I have provided in this application form is correct.
Kevin Collins
Aug 2, 2012Signature Date
Name: Kevin Collins
2 All formal correspondence will be sent to the contact person for the application identified in this sub-section.
2. Information about the application
2.1. Purpose Statement
Using the tick-boxes below, please indicate the purpose that applies to the hazardous substance use in the special emergency. Please also provide a short summary statement of the purpose of this application for the EPA public register (Maximum of 255 characters including spaces and punctuation).
Import for release Yes No
Manufacture in containment Yes No
Release from containment Yes No
Use in a manner that would contravene the HSNO Act or any Regulations Yes No Purpose statement: Discharge the herbicide metsulfuron-methyl to the Ruahorehore Stream to control alligator weed
2.2. Unique name for public register
If the substance has an existing HSNO approval, enter the name and approval code from the Controls for approved hazardous substances database available on www.epa.govt.nz
Water dispersible granule containing 600 g/kg metsulfuron-methyl (Substance B), HSR000242 2.3. Executive summary
1. Complete the following table.
2. Include any commercially sensitive information in the confidential appendix to this form.
Name of substance Water dispersible granule containing 600 g/kg metsulfuron-methyl (Substance B), HSR000242
Name of active ingredient metsulfuron-methyl Physical description Water dispersible granule Hazardous properties 6.3B, 6.4A, 9.1A, 9.2A
Emergency Use
Description of emergency
See attached letter to the Ministry for Primary Industries describing the urgent operational need to spray this particular infestation of alligator weed in the Ruahorehore Stream near Waihi. Under our resource consent, spraying shall not be undertaken during the months of April, May, September, October and November
Intended use of substance
Discharge the herbicide metsulfuron-methyl to air, land and the Ruahorehore Stream to control alligator weed and minimise the risk of this high threat weed establishing itself in the Waihou River catchment, which is currently free of alligator weed
Necessity to use the substance
Extensive management of alligator weed on land by Waikato Regional Council has shown metsulfuron-methyl to be one of the few effective herbicides for its control. The current council resource consent for the infestation near Waihi is for the use of metsulfuron-methyl and affected parties have been consulted on its use, but not for any other herbicide in this instance. Herbicides permitted for use in this situation, such as glyphosates are not effective at controlling alligator weed and are known to increase fragmentation causing dispersal of viable fragments downstream
Potential adverse effects
Effects on air quality
The potential exists for off-target effects to occur through spray drift adversely affecting adjacent landowners and non-target vegetation. The most effective way to ensure that this does not occur is by employing qualified operators and using best practice. Only qualified staff will undertake the activity, and that they would ensure that the conditions for spraying are appropriate.
Water quality and ecology
There are generally two means by which the proposed activity may have an adverse effect on water quality and ecology: the direct effects of discharging metsulfuron-methyl into the stream and the indirect effects of deoxygenating stream water caused by the decomposition of treated alligator weed.
Effects of reduced dissolved oxygen
Large volumes of decaying plant matter within a water body can lower
dissolved oxygen concentrations, which may impact of in-stream biota. There is insufficient alligator weed present in the stream for this to be relevant.
Direct effects of discharge into the stream
In terms of toxicological issues, the herbicide is relatively persistent in the aquatic environment, with an average hydrolysis half life of approximately 35 days, however the concentration of the active ingredients are relatively small and the herbicide has a very low toxicity to mammals, birds, fish and invertebrates.
It is noted in the application that control of alligator weed in the Ruahorehore Stream is essential to avoid it spreading into downstream sites. The spread of alligator weed to downstream sites would have a significant impact on the stream habitat. The proposed activity will therefore improve the stream’s health by removing an invasive exotic plant and preventing its spread to other sites.
Risk management measures
2.4. Details of the special emergency declaration
Please attach a copy of the notice in the New Zealand Gazette if it has been issued.
Describe the special emergency.
Include the situation, location, user/s, and expected timeframe. Be as specific as possible.
Waihi Beach Road, Fisher Road & Baxter Road – Waihi NZMS 260 T13:647-176
Which responsible Minister has declared/is likely to declare the special emergency?
Minister for Primary Industries
If the special emergency has not yet been declared, when is it likely to be declared?
Unknown
When will notice of the declaration of the special emergency be published in the New Zealand Gazette?
Unknown
When will the special emergency expire (if known)?
2.5. Detail why the substance is necessary to deal with the special emergency Please include details on:
the availability and viability of alternative measures to deal with the emergency consequences of the substance not being approved for use
data to demonstrate the efficacy of the substance for the proposed use.
Extensive management of alligator weed on land by Waikato Regional Council has shown metsulfuron- methyl to be one of the few effective herbicides for its control. The current council resource consent for the infestation near Waihi is for the use of metsulfuron-methyl and affected parties have been consulted on its use, but not for any other herbicide in this instance. Herbicides permitted for use in this situation, such as glyphosates are not effective at controlling alligator weed and are known to increase
fragmentation causing dispersal of viable fragments downstream
2.6. Detail how the substance will be used in the special emergency If relevant, please include details on:
Application rates Application frequency Intervals between applications
Use of substance
Amount to be used – up to 30 litres product i.e. 3 knapsacks
Additives – Pulse, 10 ml/10L
Application rate – maximum 15 gram metsulfuron-methyl per 100 litres of water Application method -knapsack hand spraying
Flow rates in stream – Summer Q
5=43l/s i.e. one in 5 year low
3. Information on the hazardous substance
1. Include any commercially sensitive information in the confidential section of this form.
2. Provide details on the active ingredient(s) as well as the mixture in this section.
3.1. Identity of the active ingredient(s):
Active ingredient (Common name): metsulfuron-methyl Chemical name (IUPAC):
Chemical name (CA):
Molecular formula:
Structural formula:
Manufacturer’s development codes:
CIPAC No:
CAS No: 74223-64-6
Function: Herbicide Fungicide Plant growth regulator
Insecticide Other (specify):
FAO Specification (including year of publication): Yes No Minimum purity of the active ingredient as manufactured (g/kg):
3.2. Composition details of the mixture:
Full composition details must be supplied Please confirm the following:
X See Reassessment application. EPA has this information.
I have arranged for the owner of the substance details to provide details to the EPA using a copy of this page.
Owner of the mixture
details Physical address Postal address
Provide only if not the same
as the physical
Postal address Phone
Switchboard number
Fax
CAS number Component name3 Function of component4
Concentration5 (g/L or g/kg) Active ingredient(s)
Other ingredients
Total weight/weight (solids) or weight/volume (liquids)
Specific gravity (liquids only)
Formulation type
Does the product contain any viable new organisms, including genetically
modified organisms?
3 Including purity details where relevant, e.g. 95% purity, sufficient to give 100 g/L. Trade names cannot be used on their own.
If trade name products are used as an ingredient, provide full formulations of all trade name products used, or arrange to have complete formulations sent directly to the EPA by the supplier (see Section 3.2).
4 The purpose of the ingredient in the formulation (e.g. solvent, binder, preservative etc. Do not use ‘inert’.
5 The nominal concentration of the ingredient including overages, and allowing for impurities.
4. HSNO hazard classifications of the substance
4.1. Identify the HSNO hazard classification of the mixture Fill in the table where and as appropriate.
Hazard Class/Subclass Hazard classification Remarks
Class 1 Explosiveness
Class 2, 3 & 4 Flammability
Class 5 Oxidisers/Organic Peroxides
Subclass 8.1 Metallic corrosiveness
Subclass 6.1 Acute toxicity (oral)
Subclass 6.1 Acute toxicity (dermal)
Subclass 6.1 Acute toxicity (inhalation)
Subclass 6.3/8.2 Skin irritancy/corrosion 6.3B Transfer notice
Subclass 6.4/8.3 Eye irritancy/corrosion 6.4A Transfer notice
Subclass 6.5A Respiratory sensitisation
Subclass 6.5B Contact sensitisation
Subclass 6.6 Mutagenicity
Subclass 6.7 Carcinogenicity
Subclass 6.8 Reproductive/ developmental toxicity
Subclass 6.9 Target organ systemic toxicity
Subclass 9.1 Aquatic ecotoxicity 9.1A Transfer notice
Subclass 9.2 Soil ecotoxicity 9.2A Transfer notice
Subclass 9.3 Terrestrial vertebrate ecotoxicity Subclass 9.4 Terrestrial invertebrate ecotoxicity
4.2. Overseas countries that have declined the substance (if any) Please also include any countries that have revoked or withdrawn approval.
4.3. Expert reports
Please attach any expert reports (including those of overseas regulatory agencies) pertaining to the substance.
See Reassessment application previously submitted to EPA for full chemical and ecotoxicology report
4.4. Label
Please attach the substance label or draft label.
Available from MPI
4.5. Manufacturing processes
Please describe any relevant manufacturing practices and standards, and state whether these are satisfied.
5. Identification and management of risks
You must include a proposed management plan (Section 6) detailing measures to control the adverse effects of the substance in a special emergency. The proposed methods to manage the adverse effects should be summarised in the table below.
5.1. Please provide information on the identification and assessment of positive and adverse effects of the mixture on the environment
Effects on air quality
The potential exists for off-target effects to occur through spray drift adversely affecting adjacent landowners and non-target vegetation. The most effective way to ensure that this does not occur is by employing qualified operators and using best practice. Only qualified staff will undertake the activity, and that they would ensure that the conditions for spraying are appropriate.
Water quality and ecology
There are generally two means by which the proposed activity may have an adverse effect on water quality and ecology: the direct effects of discharging metsulfuron-methyl into the stream and the indirect effects of
deoxygenating stream water caused by the decomposition of treated alligator weed.
Effects of reduced dissolved oxygen
Large volumes of decaying plant matter within a water body can lower dissolved oxygen concentrations, which may impact of in-stream biota. There is insufficient alligator weed present in the stream for this to be relevant.
Direct effects of discharge into the stream
In terms of toxicological issues, the herbicide is relatively persistent in the aquatic environment, with an average hydrolysis half life of approximately 35 days, however the concentration of the active ingredients are relatively small and the herbicide has a very low toxicity to mammals, birds, fish and invertebrates.
It is noted in the application that control of alligator weed in the Ruahorehore Stream is essential to avoid it spreading into downstream sites. The spread of alligator weed to downstream sites would have a significant impact on the stream habitat. The proposed activity will therefore improve the stream’s health by removing an invasive exotic plant and preventing its spread to other sites.
5.2. Any potential adverse or beneficial effects when considering the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, valued flora and fauna and other taonga
Also consider the effects of this application on the principles of the Treaty of Waitangi.
No negative effects from spraying as controlled by the resource consent. If this alligator weed infestation is NOT controlled there could be serious economic and ecological damage that will affect both Maori and non-Maori values
5.3. Any potential social, economic, cultural, ethical or spiritual effects
5.4. Effects related to New Zealand’s international obligations
6. Management Plan
Please provide any other information that may be relevant to the application
Please attach a proposed plan for dealing with the hazardous substance in the special emergency. This plan should detail how the special emergency is to be dealt with. The plan must include:
the measures that must be taken to avoid, remedy, or mitigate any actual or potential adverse effects from the use of the hazardous substance, and
the requirements for the disposal of the hazardous substance and any waste products.
Please include an explanation of how the proposed plan adequately controls the adverse effects of the hazardous substance.
Where possible, please refer to the relevant Hazardous Substances Regulations, for example:
Identification (documentation and labelling) Packaging
Emergency management,
Personnel qualification (e.g. approved handler or controlled substance licence requirements).
If the substance has an existing HSNO approval (with the exception of the emergency use), please indicate where controls in the existing approval apply throughout the lifecycle, and where deviations are intended in the emergency situation.
Management Plan -- Control of alligator weed Ruahorehore Stream, Waihi Dated 2 August , 2012
Overall responsibility for the use of ‘water dispersible granule containing 600 g/kg metsulfuron-methyl (Substance B) in Ruahorehore Stream
Waikato Regional Council: Kevin Collins Location of treatment
In and alongside the Ruahorehore Stream where the Stream adjoins Sec 132 BLK XVI Ohinemuri Survey District Target species
The substance shall only be used to control alligator weed.
Use
The substance shall not be discharged during the months April, May, September, October and November.
The spraying associated with this approval shall be carried out by a person holding a current Approved Handler Certificate, or be under direct supervision of a person holding a current Approved Handler Certificate.
The concentration of the substance shall not exceed 15 grams of metsulfuron-methyl per 100 litres water.
The substance shall be applied once.
The spraying shall be undertaken by spot spray application via knapsack or handgun and hose.
When spraying is being undertaken on sites:
- Where residences immediately adjoin the spray site; or
- In and alongside the Ruahorehore Stream where the Stream adjoins Sec 132 BLK XVI Ohinemuri Survey District
Then spraying shall only occur when the wind direction is away from those residences or Sec 132 Blk XVI Ohinemuri Survey District or when wind speed is less than 5 kilometres per hour in the direction of those residences or Sec 132 Blk XVI Ohinemuri Survey District.
Where residences immediately adjoin the site spraying shall only occur when the wind direction is away from the properties or when wind speed is less than 5 kilometres per hour in the direction of the properties.
All discharges of the substance shall cease once wind speeds exceed 10 kilometres per hour.
The discharge of the substance shall be undertaken in such a way that no significant adverse effect of off target drift shall occur beyond the boundary of the treatment area.
Due to scale of the spray operation no special management of the site is required.
Monitoring
Monitoring of the alligator weed will be carried out within a month after application.
General
The controls regarding packaging, identification, storage, transport and disposal of the approved substance (HSNO Approval HSR000242) are applicable to this special emergency approval.
.
7. Other information
Please provide any other information that may be relevant to the application.
7.1. List of appendices
7.2. List of references
Appendix 1: Confidential material
