Hazardous Substances and New Organisms Act 1996

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JULY 2017

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Hazardous Substances and New Organisms Act 1996

Hazardous Substances (Classification) Notice 2017

This notice is issued by the Environmental Protection Authority (the Authority) under section 74 of the Hazardous Substances and New Organisms Act 1996 (the Act). It is issued in accordance with section 76C of the Act, having had regard to the matters specified in section 76C(2). The Authority now approves it for publication in the Gazette.

Signed at Wellington

This 27^th day of July 2017

By Kerry Prendergast

Chair

Environmental Protection Authority

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Hazardous Substances (Classification) Notice 2017

This notice is issued by the Environmental Protection Authority (the Authority) under section 74 of the Hazardous Substances and New Organisms Act 1996 (the Act). It is issued in accordance with section 76C of the Act, having had regard to the matters specified in section 76C(2).

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Objective of notice

The objective of this notice, together with the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017, is to carry over the classification system for hazardous substances established prior to the enactment of this notice.

Extent of consultation

The Authority publicly notified its intention to issue this notice on 2 December 2014 by publishing a proposal document on its website. It invited comments by 20 February 2015.

A further consultation was undertaken on 19 September 2016 through the “Proposal for EPA Notices for Classification, Updates on the EPA Notices for Labelling, Safety Data Sheets, and Packaging”. The Authority invited comments by 14 October 2016.

Both proposal documents were also sent to relevant persons and other interested parties in accordance with section 76C(1)(c) of the Act. Comments were received and taken into account by the Authority during the drafting of this notice.

Documents incorporated by reference

Information on how to access material incorporated by reference in this notice is available on the EPA website.

Documents that are incorporated by reference in this notice are also available, on request, for inspection free of charge during normal business hours at the office of the Authority.

Further information about EPA notices

EPA notices are tertiary instruments that are administered by the Authority. They are subject to the Legislation Act 2012 (the Legislation Act) and are classed as disallowable instruments. This means that the notice must be tabled in the House of Representatives who may, by resolution, disallow the notice. The Regulations Review Committee is the select committee responsible for considering instruments such as this notice under the Legislation Act.

At the time of making this notice, the relevant empowering provision in section 74 of the Act has not come into force. However, pursuant to section 11 of the Interpretation Act 1999, the power may be exercised before it comes into force to make this notice. The exercise of this power is necessary or desirable in order to bring the enactment into operation. The notice will not come into force before the power to make the notice comes into force.

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1 Title

This is the Hazardous Substances (Classification) Notice 2017.

2 Commencement

This notice comes into force on 1 December 2017.

3 Interpretation

In this notice, unless the context otherwise requires,—

Act means the Hazardous Substances and New Organisms Act 1996

ASTM has the same meaning as it has in clause 3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

corrosive substance means a substance that meets the minimum degree of hazard prescribed by Schedule 5 of Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 for a substance with corrosive properties

data has the same meaning as in clause 3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

desensitising agent means a substance or material that, when mixed with a class 1, class 4.1.2, or class 5.2 substance, produces a mixture that has reduced hazardous properties (in terms of those classifications) compared with the original class 1, class 4.1.2, or class 5.2 substance

ecotoxic substance means a substance that meets the minimum degree of hazard prescribed by Schedule 6 of Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 for a substance with ecotoxic properties

explosive substance means a substance or article that meets the minimum degree of hazard prescribed by Schedule 1 of Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 for a substance with explosive properties

flammable substance means a substance that meets the minimum degree of hazard prescribed by Schedule 2 of Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 for a substance with flammable properties

gas has the same meaning as in clause 3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

ISO has the same meaning as in Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

liquid has the same meaning as in Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

organic peroxide means a substance that meets the minimum degree of hazard prescribed by Schedule 3 of Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 for a class 5.2 substance

oxidising substance means a substance that meets the minimum degree of hazard prescribed by Schedule 3 of Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 for a substance with oxidising properties that is classified as a class 5.1.1 or 5.1.2 substance; but does not include organic peroxide

SADT has the same meaning as it has in Schedule 2 of the Hazardous Substances

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solid has the same meaning as in Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

Test Series has the same meaning as in clause 3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

toxic substance means a substance that meets the minimum degree of hazard prescribed by Schedule 4 Hazardous Substances (Minimum Degrees of Hazard) Notice 2017 for a substance with toxic properties

UN Manual of Tests and Criteria has the same meaning as in clause 3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

UN Model Regulations has the same meaning as in clause 3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017.

4 Classification system

(1) Except as provided in subclauses (6) and (7), the classification system for hazardous substances comprises—

(a) numbered classes (for example, class 4) indicating the intrinsic hazardous property of a substance:

(b) numbered subclasses (for example, subclass 4.2) indicating the type of hazard of a substance:

(c) lettered categories (for example, category A) indicating the degree of hazard of a substance.

(2) The combination of numbers and letters used in the classification system constitutes the hazard classification of a substance.

(3) Clause 5 sets out the classes for each hazardous property.

(4) Clauses 6 to 11 set out the subclasses for each hazardous property class and also identify the categories of each subclass (except for substances with explosive properties).

(5) The schedules to this notice set out the criteria for each hazard classification (except for substances with explosive properties).

(6) All explosive substances are divided into both a subclass (indicating the type of explosive hazard) and a category (indicating compatibility groupings) in the combinations permitted by clause 6. Categories for explosive substances do not indicate the degree of hazard.

(7) Categories for toxic substances do not necessarily indicate the degree of hazard.

(8) The table set out in Schedule 7 is intended as a guide to the classification system under this notice.

5 Classes of hazardous properties

(1) The classes of hazardous properties are as follows:

(a) class 1—explosiveness:

(b) class 2—flammability, gases:

(c) class 3—flammability, liquids:

(d) class 4—flammability, solids:

(e) class 5—capacity to oxidise:

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(f) class 6—toxicity:

(g) class 8—corrosiveness:

(h) class 9—ecotoxicity.

(2) Class 7 is unallocated.

6 Subclasses and categories for explosive substances

(1) Explosive substances are divided into the subclasses 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 set out in the table in Part 1 of Schedule 1. A substance or article is classified as being in a particular subclass if it meets the criteria set out in that table for that subclass.

(2) Explosive substances are also divided into the categories A to H, J, K, L, N, and S set out in the table in Part 2 of Schedule 1. Categories I, M, O, P, Q, and R are unallocated. A

substance or article is classified as being in a particular category if it meets the criteria set out in that table for that category.

(3) For the purposes of subclass 1.4,—

(a) a substance or an article that meets any one of the criteria of paragraph 16.6.1.4.5 of the UN Manual of Tests and Criteria must be allocated a category other than category S; and

(b) a substance or an article that meets the criteria of paragraph 16.6.1.4.6 of the UN Manual of Tests and Criteria must be allocated to category S; and

(c) a substance or an article that meets the criteria of paragraph 16.6.1.4.7(a)(i) of the UN Manual of Tests and Criteria must be allocated to category S.

(4) No explosive substance may be allocated the following hazard classifications: 1.1H, 1.1K, 1.1N, 1.1S; 1.2A, 1.2N, 1.2S; 1.3A, 1.3B, 1.3D, 1.3E, 1.3N, 1.3S; 1.4A, 1.4H, 1.4J, 1.4K, 1.4L, 1.4N; 1.5A, 1.5B, 1.5C, 1.5E, 1.5F, 1.5G, 1.5H, 1.5J, 1.5K, 1.5L, 1.5N, 1.5S; 1.6A, 1.6B, 1.6C, 1.6D, 1.6E, 1.6F, 1.6G, 1.6H, 1.6J, 1.6K, 1.6L, or 1.6S.

7 Subclasses and categories for flammable substances

(1) Flammable substances are divided into the subclasses 2.1.1, 2.1.2, 3.1, 3.2, 4.1.1, 4.1.2, 4.1.3, 4.2, and 4.3, and each sub-class is divided into 1 or more categories.

(2) A flammable substance is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 2 for that hazard classification.

(3) For the purposes of this notice, substances classified as class 4 (flammable solids) are not necessarily solids.

(4) For the purposes of subclass 4.1.2,—

(a) if a substance does not meet the criteria for a 4.1.2A, 4.1.2B, or 4.1.2C hazard

classification, a 4.1.2D hazard classification applies unless sufficient data are provided that show the substance meets the criteria for hazard classification 4.1.2E, 4.1.2F, or 4.1.2G:

(b) Test Series A, B, C, D, E, F, and G refer to UN Tests for Self-Reactive Substances and Organic Peroxides in sections 21, 22, 23, 24, 25, 26, and 27 respectively of the UN Manual of Tests and Criteria.

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8 Subclasses and categories for oxidising substances and organic peroxides

(1) Oxidising substances are divided into the subclasses 5.1.1 and 5.1.2, organic peroxides are

subclass 5.2, and each subclass is divided into 1 or more categories.

(2) An oxidising substance or organic peroxide is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 3 for that hazard classification.

(3) For the purposes of subclass 5.2,—

(a) if a substance does not meet the criteria for a 5.2A, 5.2B, or 5.2C hazard

classification, a 5.2D hazard classification applies unless sufficient data are provided that show the substance meets the criteria for hazard classification 5.2E, 5.2F, or 5.2G:

(b) Test Series A, B, C, D, E, F, and G refer to UN Tests for Self-Reactive Substances and Organic Peroxides in sections 21, 22, 23, 24, 25, 26, and 27 respectively of the UN Manual of Tests and Criteria.

9 Subclasses and categories for toxic substances

(1) Toxic substances are divided into the subclasses 6.1, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, and 6.9, and each subclass is divided into 1 or more categories.

(2) A toxic substance is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 4 for that hazard classification.

(3) For the purposes of subclass 6.1, toxic substances that meet the criteria for more than 1 category must be classified in the category with the highest degree of hazard.

(4) Subclass 6.2 is unallocated.

10 Subclasses and categories for corrosive substances

(1) Corrosive substances are divided into the subclasses 8.1, 8.2, and 8.3, and each subclass is divided into 1 or more categories.

(2) A corrosive substance is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 5 for that hazard classification.

11 Subclasses and categories for ecotoxic substances

(1) Ecotoxic substances are divided into the subclasses 9.1, 9.2, 9.3, and 9.4, and each subclass is divided into 1 or more categories.

(2) An ecotoxic substance is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 6 for that hazard classification.

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cl 6

Schedule 1: Classification criteria for explosive substances

Part 1 Subclasses for explosive substances and articles

1 Interpretation

In this Part, unless the context otherwise requires, detonate has the same meaning as it has in clause 3 of Hazardous Substances (Minimum Degrees of Hazard) Notice 2017.

2 Subclasses

Explosive substances and articles are classified in the sub-classes set out in the first column of the table in this Schedule.

3 Criteria

The criteria for each subclass are set out in the second column of the table in this Schedule.

Table of subclasses and criteria

Subclasses Criteria for each subclass 1.1—Substances and

articles that have a mass explosion hazard

A substance that—

(a) meets the criteria of paragraph 16.4.1.4 of the UN Manual of Tests and Criteria when an individual article or package is tested as prescribed in Test Series 6 type (a) of paragraph 16.4 of that manual;

or

(b) meets the criteria of paragraph 16.5.1.8 of the UN Manual of Tests and Criteria when a stack of articles or packages is tested as prescribed in Test Series 6 type (b) of paragraph 16.5 of that manual;

or

(c) meets the criteria of paragraph 16.6.1.4.2 of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual.

1.2 Substances and articles that have a projection hazard but not a mass explosion hazard

A substance that does not meet the criteria a for subclass 1.1, but meets any one of the criteria in paragraph 16.6.1.4.3 of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual.

1.3 Substances and articles that have a fire hazard and either a minor blast hazard or a minor projection hazard, or both, but not a mass explosion hazard

A substance that does not meet the criteria for each of subclasses 1.1 and 1.2, but meets any one of the criteria of paragraph hazard - 16.6.1.4.4 of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual.

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Subclasses Criteria for each subclass 1.4 Substances and articles

that present no significant explosive hazard Note: see clause 6(3) for substances and articles that must or must not be allocated category S

A substance that—

(a) does not meet the criteria for each of subclasses 1.1, 1.2, and 1.3, but meets any one of the criteria of paragraph 16.6.1.4.5 of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual; or

(b) does not meet the criteria for each of subclasses 1.1, 1.2, and 1.3, or for paragraph (a), but meets the criteria of paragraph 16.6.1.4.6 of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual;

or

(c) does not meet the criteria of each of subclasses 1.1, 1.2, and 1.3, or for paragraph (a) or paragraph (b), but meets the criteria of paragraph 16.6.1.4.7(a)(i) of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual.

1.5 Very insensitive substances that have a mass explosion hazard:

Note: if a substance meets any one of the criteria specified in Test Series 5, it must be tested and allocated according to Test Series 6

A substance that is a very insensitive explosive substance that—

(a) does not meet any one of the criteria for a positive result in paragraph 15.4.1.4 of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 5 type (a) of paragraph 15.4 of that manual; and

(b) does not meet any one of the criteria for a positive result in any one of paragraphs 15.5.1.4, 15.5.2.4, and 15.5.3.4 of the UN Manual of Tests and Criteria when tested as prescribed in the respective tests of Test Series 5 type (b) of paragraph 15.5 of that manual; and (c) does not meet the criterion for a positive result in paragraph 15.6.1.4 when tested as prescribed in Test Series 5 type (c) of paragraph 15.6 of the UN Manual of Tests and Criteria.

1.6 Extremely insensitive articles that do not have a mass explosion hazard

An article that—

(a) is manufactured from a substance that is an extremely insensitive detonating substance if that substance fails to meet any one of the criteria for a positive result in any of paragraphs 17.4.1.4, 17.5.1.4, 17.6.1.4, 17.6.2.4, 17.7.1.4, 17.7.2.4, 17.8.1.4, and 17.9.1.4 of the UN Manual of Tests and Criteria when tested as prescribed in the respective tests of Test Series 7 type (a), (b), (c), (d), (e), and (f) of section 17 of that manual; and

(b) fails to meet any one of the criteria for a positive result in any of paragraphs 17.10.1.4, 17.11.1.4, 17.12.1.4, and 17.13.1.4 of the UN Manual of Tests and Criteria when tested as prescribed in the respective tests of Test Series 7 type (g), (h), (j), and (k) of section 17 of that manual.

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Part 2 Categories for explosive substances and articles

1 Interpretation

In this Part, unless the context otherwise requires,—

deflagrate has the same meaning as it has in clause 3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2016

effective protective feature means a device incorporated into an explosive article that will prevent accidental functioning during normal conditions of transport, storage, or handling primary explosive substance means a substance that—

(a) has the necessary sensitivity to heat, friction, or shock to make it suitable for initiating secondary detonating explosive substances and articles; and

(b) when incorporated into an explosive article, is known as a primer or detonator propellant explosive substance means a substance that deflagrates

pyrotechnic effect has the same meaning as it has in clause3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2016

pyrotechnic substance means a substance that produces pyrotechnic effects

secondary detonating explosive substance means a substance designed to detonate that requires stimulation equivalent to the detonation of a primary explosive substance to initiate it.

2 Table of categories

Explosive substances and articles are also classified in categories according to the criteria set out in the following table. The categories are set out in the first column and the criteria for each category are set out in the second column.

Table of Categories

Category Criteria for each category

A A primary explosive substance that is very sensitive to heat, impact, or friction, or able to transmit detonation or deflagration to secondary detonating explosive substances close to it, as measured by the criteria in any of paragraphs 13.4.1.4, 13.4.2.4, 13.4.3.4, 13.4.4.4, 13.4.5.4, 13.4.6.4, 13.5.1.4, 13.5.2.4, 13.5.3.4, and 13.7.1.3 of the UN Manual of Tests and Criteria in the respective tests of Test Series 3 type (a), (b), and (d) of section 13 of that manual.

B An article that—

(a) contains a primary explosive substance, and less than 2 effective protective features; or

(b) is designed to be a primer, detonator, or detonator assembly for blasting.

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C A propellant explosive substance or an article containing a propellant explosive substance.

D (a) a secondary detonating explosive substance that—

(i) is less sensitive than primary explosive substances and more sensitive than substances falling into category N; and

(ii) is without a means of initiation and without a propelling charge;

or

(b) an article containing those secondary detonating explosive

substances that is without a means of initiation and without a propelling charge; or

(c) an article containing a primary explosive substance and 2 or more effective protective features.

E An article containing a secondary detonating explosive substance that is without a means of initiation but with a propelling charge (other than a charge containing a flammable liquid, or hypergolic liquids).

F An article containing a secondary detonating explosive substance that—

(a) has its own means of initiation (being an article containing a primary explosive substance designed to initiate the secondary explosive substance); and

(b) is with or without a propelling charge (other than a charge containing a flammable liquid or hypergolic liquids).

G (a) a pyrotechnic substance; or

(b) an article that contains a pyrotechnic substance; or (c) an article containing both an explosive substance and an

illuminating, incendiary, tear, or smoke-producing substance (other than a water-activated article or an article containing white phosphorus, a phosphide, a pyrophoric substance, a flammable liquid, or hypergolic liquids).

H An article containing both an explosive substance and white phosphorus.

J An article containing both an explosive substance and a flammable liquid.

K An article containing both—

(a) an explosive substance; and

(b) a substance with a hazard classification of 6.1A, 6.1B, or 6.1C.

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L A mixture or an article that contains both—

(a) an explosive substance; and (b) a substance that—

(i) spontaneously combusts, detonates, or deflagrates, when exposed to air, water, oxidising substances, or flammable substances; or

(ii) generates a substance that spontaneously combusts, detonates, or deflagrates when exposed to air or water.

N An article containing only extremely insensitive detonating substances as defined in the criteria for subclass 1.6.

S

Note: see clause 6(3) for cases where category S applies

A substance, or an article, that meets the criteria of either paragraph 16.6.1.4.6 or paragraph 16.6.1.4.7(a)(i) of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of

paragraph 16.6 of that manual.

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cl 7

Schedule 2: Classification criteria for flammable substances

1 Interpretation

In this schedule, unless the context otherwise requires,—

aerosol has the meaning set out in item 2.1.2A of the table in clause 2

flammable ingredient has the same meaning as it has in Schedule 2 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

flammable range has the same meaning as it has in Schedule 2 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

flash point has the same meaning as it has in clause 3 of the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017

IBP (initial boiling point) means the temperature at which a flammable substance begins to boil at a pressure of 101.3 kilo-pascals absolute

self-reactive substance means a substance that does not meet the criteria for classes 1 or 5, but—

(a) has a SADT less than or equal to 75 degrees Celsius in a quantity of 50 kilograms and has a heat of decomposition greater than or equal to 300 joules per gram; or

(b) is listed in paragraph 2.4.2.3.2.3 of the UN Model Regulations as having a class or division of self-reactive.

2 Table of hazard classifications

Flammable substances are classified according to the criteria set out in the table in this schedule. The hazard classifications are set out in the first column and the criteria for each hazard classification are set out in the second column.

Table of hazard classifications Hazard classification Criteria for each hazard classification 2.1.1A—Flammable gases:

high hazard

(a) a gas or gas mixture that, at 20 degrees Celsius and at a pressure of 101.3 kilopascals absolute, is ignitable when in a mixture of 13% or less by volume with air; or

(b) a gas or gas mixture that, at 20 degrees Celsius and at a pressure of 101.3 kilopascals absolute, has a flammable range with air of at least 12 percentage points regardless of the lower flammability limit, where flammability is determined when tested in accordance with the test procedure for determining the flammability of gases and gas mixtures as prescribed in section 5 ISO 10156:1996.

2.1.1B—Flammable gases:

medium hazard

A gas or gas mixture, other than one of high hazard, that is sufficiently flammable to be capable of ignition when mixed with air in a proportion within a flammable range at 20 degrees Celsius and at a pressure of 101.3 kilopascals absolute.

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Table of hazard classifications Hazard classification Criteria for each hazard classification

2.1.2A—Flammable aerosols An aerosol comprising 45% or more by mass of flammable ingredients.

An aerosol is a substance packed under pressure in a way that is designed to be released as solid or liquid particles in suspension in a gas, as a foam, paste, or powder, or in a liquid or in a gaseous state.

3.1A—Flammable liquids:

very high hazard

A flammable liquid that has a flash point of less than 23 degrees Celsius and has an IBP of less than or equal to 35 degrees Celsius.

3.1B—Flammable liquid:

high hazard

A flammable liquid that has a flash point of less than 23 degrees Celsius and has an IBP of greater than 35 degrees Celsius.

3.1C—Flammable liquids:

medium hazard

A flammable liquid that has a flash point of greater than or equal to 23 degrees Celsius, but less than or equal to 60 degrees Celsius.

3.1D—Flammable liquids:

low hazard

A flammable liquid that has a flash point of greater than 60 degrees Celsius, but less than or equal to 93 degrees Celsius.

3.2A—Liquid desensitised explosives: high hazard

(a) a substance that—

(i) is listed in paragraph 2.3.1.4 of the UN Model Regulations as a liquid desensitised explosive; and

(ii) is assigned Packing Group I in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations; or

(b) a liquid desensitised explosive that—

(i) is formed from an explosive of Class 1 by adding a desensitising agent to form a liquid substance that no longer meets the threshold for Class 1; and

(ii) is not listed in the UN Model Regulations, and is not assigned a packing group in the UN Model Regulations.

3.2B—Liquid desensitised explosives: medium hazard

A substance that—

(a) is listed in paragraph 2.3.1.4 of the UN Model Regulations as a liquid desensitised explosive; and

(b) is assigned Packing Group II in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations.

3.2C—Liquid desensitised explosives: low hazard

A substance that—

(a) is listed in paragraph 2.3.1.4 of the UN Model Regulations as a liquid desensitised explosive; and

(b) is assigned Packing Group III in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations.

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Table of hazard classifications Hazard classification Criteria for each hazard classification 4.1.1A—Readily combustible

solids and solids that may cause fire through friction:

medium hazard

(a) a substance (other than a metal powder) that, when tested as prescribed in the burning rate test of Test Series N.1, paragraph 33.2.1.4 of the UN Manual of Tests and Criteria, has a burning time of less than 45 seconds and the flame passes the wetted zone; or (b) a powder of metal or metal alloys that produces a zone of reaction that spreads over the whole length of the sample in 5 minutes or less when tested as prescribed in the burning rate test of Test Series N.1, paragraph 33.2.1.4 of the UN Manual of Tests and Criteria; or (c) a substance that is listed in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations with the serial number UN 1343; or (d) any other substance that may cause fire through friction and where, when tested as prescribed in Test Series 3 type (b), paragraph 13.5 of the UN Manual of Tests and Criteria, the amount of friction required to cause ignition is less than 120% of that for any of the substances in paragraph (c).

4.1.1B—Readily combustible solids and solids that may cause fire through friction:

low hazard

(a) a substance (other than a metal powder) that, when tested as prescribed in the burning rate test of Test Series N.1, paragraph 33.2.1.4 of the UN Manual of Tests and Criteria, has a burning time of less than 45 seconds and the wetted zone stops the flame propagation for at least 4 minutes; or

(b) a powder of metal or metal alloys that, when tested as prescribed in the burning rate test of Test Series N.1, paragraph 33.2.1.4 of the UN Manual of Tests and Criteria, produces a reaction which spreads over the whole length of the sample in more than 5 minutes, but not more than 10 minutes; or

(c) a substance that is listed in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations with one of the following UN serial numbers: UN 1331, UN 1944, UN 1945, or UN 2254; or

(d) any other substance that may cause fire through friction and where, when tested as prescribed in Test Series 3 type (b), paragraph 13.5 of the UN Manual of Tests and Criteria, the amount of friction required to cause ignition is less than 120% of that for any of the substances in paragraph (c).

4.1.2A—Self-reactive substances: type A

(a) a substance that—

(i) propagates a detonation when tested as prescribed in Test Series A; and

(ii) propagates a detonation when detonated under confinement as prescribed in Test Series B; or

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(b) a substance that—

(ii) does not propagate a detonation when detonated under confinement as prescribed in Test Series B; and

(iii) propagates a rapid deflagration when tested as prescribed in Test Series C; and

(iv) propagates a rapid deflagration when ignited under confinement as prescribed in Test Series D; or

(c) a substance that—

(i) propagates a partial detonation when tested as prescribed in Test Series A; and

(ii) propagates a rapid deflagration when tested as prescribed in Test Series C; and

(iii) propagates a rapid deflagration when ignited under confinement as prescribed in Test Series D; or

(d) a substance that—

(i) does not propagate a detonation when tested as prescribed in Test Series A; and

(iii) propagates a rapid deflagration when ignited under confinement as prescribed in Test Series D.

4.1.2B—Self-reactive substances: type B

(a) a substance that is listed in the UN Model Regulations as having a class or division of 4.1 and is designated as type B; or

(iv) does not propagate a rapid deflagration when ignited under confinement as prescribed in Test Series D; and

(v) exhibits violent effect when heated under confinement as prescribed in Test Series E; and

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(vi) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or

(iii) either propagates a slow deflagration or does not propagate a deflagration when tested as prescribed in Test Series C; and (iv) exhibits violent effect when heated under confinement as prescribed in Test Series E; and

(v) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or

(iii) does not propagate a rapid deflagration when ignited under confinement as prescribed in Test Series D; and

(iv) exhibits a violent effect when heated under confinement as prescribed in Test Series E; and

(e) a substance that—

(ii) either propagates a slow deflagration or does not propagate a deflagration when tested as prescribed in Test Series C; and (iii) exhibits violent effect when heated under confinement as prescribed in Test Series E; and

(iv) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or

(f) a substance that—

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(iv) exhibits violent effect when heated under confinement as prescribed in Test Series E; and

(g) a substance that—

(ii) propagates a slow deflagration when tested as prescribed in Test Series C; and

(iii) exhibits violent effect when heated under confinement as prescribed in Test Series E; and

(iv) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or

(h) a substance that—

(ii) does not propagate a deflagration when tested as prescribed in Test Series C; and

(iv) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G.

4.1.2C—Self-reactive substances: type C

(a) a substance that is listed in the UN Model Regulations as having a class or division of 4.1 and is designated as type C; or

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(vi) does not undergo a thermal explosion when heated under confinement as prescribed in Test Series G; or

(v) does not undergo a thermal explosion when heated under confinement as prescribed in Test Series G; or

(v) exhibits medium effect, low effect, or no effect when heated under confinement as prescribed in Test Series E; or

(e) a substance that—

(iii) either propagates a slow deflagration or does not propagate a deflagration when tested as prescribed in Test Series C; and (iv) exhibits medium effect, low effect, or no effect when heated under confinement as prescribed in Test Series E; or

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(f) a substance that—

(g) a substance that—

(iv) exhibits medium effect, low effect, or no effect when heated under confinement as prescribed in Test Series E; or

(h) a substance that—

(ii) propagates a slow or no deflagration when tested as prescribed in Test Series C; and

(iv) does not undergo a thermal explosion when heated under confinement as prescribed in Test Series G; or

(i) a substance that—

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(j) a substance that—

(k) a substance that—

(l) a substance that—

(iv) does not undergo a thermal explosion when heated under confinement as prescribed in Test Series G.

4.1.2D—Self-reactive substances: type D

Note: see regulation 7(4)(a) for cases where category D applies

(a) a substance that is listed in the UN Model Regulations as having a class or division of 4.1 and is designated as type D; or

(iii) exhibits medium effect, low effect, or no effect when heated under confinement as prescribed in Test Series E; or

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(iii) exhibits medium effect, low effect, or no effect when heated under confinement as prescribed in Test Series E; or

(iii) exhibits medium effect when heated under confinement as prescribed in Test Series E.

4.1.2F—Self-reactive substances: type F

(a) a substance that is listed in the UN Model Regulations as having a class or division of 4.1 and is designated as type F; or

(iii) exhibits low effect, or no effect, when heated under confinement as prescribed in Test Series E; and

(iv) when tested for bulk containers, exhibits a low effect when heated under confinement as prescribed in Test Series E; and (v) when tested for bulk containers, exhibits no explosive power when tested as prescribed in Test Series F; or

(iv) is intended to be stored or transported in bulk; and

(v) exhibits low explosive power when tested as prescribed in Test

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(iii) exhibits no effect when heated under confinement as prescribed in Test Series E, including when assessed for bulk containers; and (iv) exhibits no explosive power when tested as prescribed in Test Series F; and

(v) has a SADT less than 60 degrees Celsius for a 50 kg quantity of the substance or, if the substance is a mixture that contains a solvent or desensitising agent, that solvent or desensitising agent has a boiling point less than 150 degrees Celsius.

4.1.2E—Self-reactive substances: type E

(a) a substance that is listed in the UN Model Regulations as having a class or division of 4.1 and is designated as type E; or

(iv) is not intended to be stored or transported in bulk, or no data is available for Test Series F; or

(iv) is intended to be stored or transported in bulk; and

(v) exhibits a “not low” explosive power when tested as prescribed in Test Series F, or no data is available for Test Series F.

4.1.2G—Self-reactive substances: type G

A substance that—

(a) does not propagate a detonation when tested as prescribed in Test Series A; and

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(b) does not propagate a deflagration when tested as prescribed in Test Series C; and

(c) exhibits no effect when heated under confinement as prescribed in Test Series E, including when assessed for bulk containers; and (d) exhibits no explosive power when tested as prescribed in Test Series F; and

(e) has a SADT greater than or equal to 60 degrees Celsius for a 50 kg quantity of the substance and, if the substance is a mixture that contains a solvent or desensitising agent, that solvent or desensitising agent is a liquid that has a boiling point greater than or equal to 150 degrees Celsius.

4.1.3A—Solid desensitised explosives: high hazard

(a) a substance that is listed in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations with one of the following UN serial numbers:

UN 1310, UN 1320, UN 1321, UN 1322, UN 1336, UN 1337, UN 1344, UN 1347, UN 1348, UN 1349, UN 1354, UN 1356, UN 1357, UN 1517, UN 1571, UN 2852, or UN 3317; or

(b) a solid desensitised explosive that is formed from an explosive of Class 1 by adding a desensitising agent to form a solid substance that no longer meets the threshold for Class 1.

4.1.3B—Solid desensitised explosives: medium hazard

(a) a substance that is listed in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations with one of the following UN serial numbers:

UN 2555, UN 2556, UN 2557, UN 2907, UN 3319, or UN 3344; or (b) a substance listed in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations with UN serial number UN 3242.

4.1.3C—Solid desensitised explosives: low hazard

A substance that is listed in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations with one of the following UN serial numbers:

UN 2956, UN 3241, or UN 3251.

4.2A—Spontaneously combustible substances:

pyrophoric substances: high hazard

(a) a solid substance that does not meet the criteria for subclass 4.1.2, but ignites within 5 minutes on contact with air when tested as

prescribed in Test Series N.2, paragraph 33.3.1.4 of the UN Manual of Tests and Criteria; or

(b) a substance that does not meet the criteria for subclass 4.1.2, but is a liquid and—

(i) ignites when tested as prescribed in Test Series N.3, paragraph 33.3.1.5.3.1 of the UN Manual of Tests and Criteria; or

(ii) ignites or chars the filter paper when tested as prescribed in

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Table of hazard classifications Hazard classification Criteria for each hazard classification 4.2B—Spontaneously

combustible substances:

self-heating substances:

medium hazard

A substance that does not meet the criteria for subclass 4.1.2, but meets the criteria of paragraph 33.3.1.6.4.3 when tested as prescribed in Test Series N.4, paragraph 33.3.1.6 of the UN Manual of Tests and Criteria.

4.2C—Spontaneously combustible substances:

self-heating substances: low hazard

(a) a substance that does not meet the criteria for subclass 4.1.2, but is in a volume of more than 3 cubic metres and gives a positive result when tested using a 100 millimetre sample cube at 140 degrees Celsius as prescribed in Test Series N.4, paragraph 33.3.1.6 of the UN Manual of Tests and Criteria; or

(b) a substance that does not meet the criteria for subclass 4.1.2, but is in a volume of more than 450 litres and gives a positive result when tested using a 100 millimetre sample cube at 140 degrees Celsius, and gives a positive result when tested using a 100 millimetre sample cube at 120 degrees Celsius, which tests are as prescribed in Test Series N.4, paragraph 33.3.1.6 of the UN Manual of Tests and Criteria; or (c) a substance that does not meet the criteria for subclass 4.1.2, but gives a positive result when tested using a 100 millimetre sample cube at 140 degrees Celsius, and gives a positive result when tested using a 100 millimetre sample cube at 100 degrees Celsius, which tests are as prescribed in Test Series N.4, paragraph 33.3.1.6 of the UN Manual of Tests and Criteria.

4.3A—Solids that emit flammable gas when in contact with water: high hazard

(a) a substance that emits a gas that ignites when a small quantity of the substance is brought into contact with water as prescribed in Test Series N.5, paragraph 33.4.1.4 of the UN Manual of Tests and Criteria;

or

(b) a substance that reacts readily with water at ambient temperatures so that the rate of evolution of flammable gas is greater than or equal to 10 litres per kilogram of substance over any 1 minute when tested as prescribed in Test Series N.5, paragraph 33.4.1.4 of the UN Manual of Tests and Criteria.

4.3B—Solids that emit flammable gas when in contact with water: medium hazard

A substance that reacts readily with water at ambient temperatures so that the maximum rate of evolution of flammable gas is greater than or equal to 20 litres of gas per kilogram of substance per hour, but less than 10 litres per kilogram per minute, when tested as prescribed in Test Series N.5, paragraph 33.4.1.4 of the UN Manual of Tests and Criteria.

4.3C—Solids that emit flammable gas when in contact with water: low hazard

A substance that reacts slowly with water at ambient temperatures so that the maximum rate of evolution of flammable gas is equal to or greater than 1 litre of gas per kilogram of substance per hour, but less than 20 litres per kilogram per hour, when tested as prescribed in Test Series N.5, paragraph 33.4.1.4 of the UN Manual of Tests and Criteria.

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cl 8

Schedule 3: Classification criteria for oxidising substances and organic peroxides

1 Form of substance for testing

If any solid substance is tested for the purposes of determining its hazard classification, the result must be determined using either—

(a) the finest particle form in which that substance is reasonably capable of being used or rendered; or

(b) if it is likely or known that more than 10% of the mass of the substance will crumble into a finer particle form, then that finer form.

2 Table of hazard classifications

Oxidising substances are classified according to the criteria set out in the table in this schedule. The hazard classifications are set out in the first column and the criteria for each hazard classification are set out in the second column.

Table of hazard classifications Hazard classification Criteria for each hazard classification 5.1.1A—Oxidising sub-

stances that are liquids or solids: high hazard

(a) a substance that is listed in the UN Model Regulations as having a class, division, or subsidiary risk of 5.1, and is assigned Packing Group I; or

(b) a solid that when mixed with dried cellulose forms a mixture that either spontaneously ignites or exhibits a mean burning time less than the mean burning time of a 3:2 reference mixture by mass of potassium bromate and cellulose under the same conditions when tested as prescribed in Test Series O.1, paragraph 34.4.1 of the UN Manual of Tests and Criteria; or

(c) a liquid that when mixed with dry cellulose forms a mixture that either spontaneously ignites or exhibits a mean pressure rise time less than the mean pressure rise time of a 1:1 reference mixture by mass of 50% perchloric acid and cellulose under the same

conditions when tested as prescribed in Test Series O.2, paragraph 34.4.2 of the UN Manual of Tests and Criteria.

5.1.1B—Oxidising

substances that are liquids or solids: medium hazard

(a) a substance that is listed in the UN Model Regulations as having a class, division, or subsidiary risk of 5.1, and is assigned Packing Group II; or

(b) a solid that does not meet the criteria of category A and that when mixed with dry cellulose forms a mixture that exhibits a mean burning time equal to or less than the mean burning time of a 2:3 reference mixture by mass of potassium bromate and cellulose

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under the same conditions when tested as prescribed in Test Series O.1, paragraph 34.4.1 of the UN Manual of Tests and Criteria; or (c) a liquid that does not meet the criteria of category A and that when mixed with dry cellulose forms a mixture that exhibits a mean pressure rise time less than or equal to the mean pressure rise time of a 1:1 reference mixture by mass of 40% aqueous sodium chlorate solution and cellulose under the same conditions when tested as prescribed in Test Series O.2, paragraph 34.4.2 of the UN Manual of Tests and Criteria.

5.1.1C—Oxidising

substances that are liquids or solids: low hazard

(a) a substance that is listed in the UN Model Regulations as having a class, division, or subsidiary risk of 5.1, and is assigned Packing Group III; or

(b) a solid that does not meet the criteria of category A or category B and that when mixed with dry cellulose forms a mixture that exhibits a mean burning time equal to or less than the mean burning time of a 3:7 reference mixture by mass of potassium bromate and cellulose under the same conditions when tested as prescribed in Test Series O.1, paragraph 34.4.1 of the UN Manual of Tests and Criteria; or (c) a liquid that does not meet the criteria of category A or category B and that when mixed with dry cellulose forms a mixture that exhibits a mean pressure rise time less than or equal to the mean pressure rise time of a 1:1 reference mixture by mass of 65% aqueous nitric acid and cellulose under the same conditions when tested as prescribed in Test Series O.2, paragraph 34.4.2 of the UN Manual of Tests and Criteria.

5.1.2A—Oxidising substances that are gases

(a) a gas that is listed in the UN Model Regulations as having a class, division, or subsidiary risk of 5.1; or

(b) a gas that causes or contributes to combustion of other material at a faster rate than air when tested in accordance with the test procedure for determining the oxidising power of gases and gas mixtures as set out in section 5 of ISO 10156:1996.

5.2A—Organic peroxides:

type A

(a) an organic peroxide that—

(ii) propagates a detonation when detonated under confinement as prescribed in Test Series B; or

(b) an organic peroxide that—

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(iv) propagates a rapid deflagration when ignited under confinement as prescribed in Test Series D; or (c) an organic peroxide that—

(iii) propagates a rapid deflagration when ignited under confinement as prescribed in Test Series D; or (d) an organic peroxide that—

(iii) propagates a rapid deflagration when ignited under confinement as prescribed in Test Series D.

5.2B—Organic peroxides:

type B

(a) a substance that is listed in the UN Model Regulations as having a class or division of 5.2 and is designated as type B; or

(vi) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or (c) an organic peroxide that—

(i) propagates a detonation when tested as prescribed in Test

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(v) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or (d) an organic peroxide that—

(v) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or (e) an organic peroxide that—

(ii) either propagates a slow deflagration or no deflagration when tested as prescribed in Test Series C; and

(iv) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or (f) an organic peroxide that—

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(vi) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or (g) an organic peroxide that—

(iv) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G; or (h) an organic peroxide that—

(iv) undergoes a thermal explosion when heated under confinement as prescribed in Test Series G.

5.2C—Organic peroxides:

type C

(a) a substance that is listed in the UN Model Regulations as having a class or division of 5.2 and is designated as type C; or

(vi) does not undergo a thermal explosion when heated under confinement as prescribed in Test Series G; or

(c) an organic peroxide that—

(i) propagates a detonation when tested as prescribed in Test

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(iii) propagates a slow deflagration or no deflagration when tested as prescribed in Test Series C; and

(d) an organic peroxide that—

(v) exhibits medium effect, low effect, or no effect when heated under confinement as prescribed in Test Series E; or

(e) an organic peroxide that—

(iii) propagates a slow deflagration or no deflagration when tested as prescribed in Test Series C; and

(f) an organic peroxide that—

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(g) an organic peroxide that—

(h) an organic peroxide that—

(i) an organic peroxide that—

(j) an organic peroxide that—

(iii) does not propagate a rapid deflagration when ignited under

Hazardous Substances and New Organisms Act 1996

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Hazardous Substances and New Organisms Act 1996

Hazardous Substances (Classification) Notice 2017

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Hazardous Substances (Classification) Notice 2017

Table of Contents

SUPERSEDED

Objective of notice

Extent of consultation

Documents incorporated by reference

Further information about EPA notices

SUPERSEDED

1 Title

2 Commencement

3 Interpretation

SUPERSEDED

4 Classification system

5 Classes of hazardous properties

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6 Subclasses and categories for explosive substances

7 Subclasses and categories for flammable substances

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8 Subclasses and categories for oxidising substances and organic peroxides

9 Subclasses and categories for toxic substances

10 Subclasses and categories for corrosive substances

11 Subclasses and categories for ecotoxic substances

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Schedule 1: Classification criteria for explosive substances

Part 1 Subclasses for explosive substances and articles

1 Interpretation

2 Subclasses

3 Criteria

SUPERSEDED

SUPERSEDED

Part 2 Categories for explosive substances and articles

1 Interpretation

2 Table of categories

SUPERSEDED

SUPERSEDED

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Schedule 2: Classification criteria for flammable substances

1 Interpretation

2 Table of hazard classifications

SUPERSEDED

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Schedule 3: Classification criteria for oxidising substances and organic peroxides

1 Form of substance for testing

2 Table of hazard classifications

SUPERSEDED

SUPERSEDED

SUPERSEDED

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