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New Zealand's National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants

Foreword

Executive Summary

Glossary

Part 1: Introduction

Part 2: New Zealand’s Response to the Articles of the Stockholm Convention

Part 3: An Action Plan for Dioxins and Other Annex C Chemicals

Appendix 1: Government Activity on the Stockholm Convention

Appendix 2: Government Reports on Persistent Organic Pollutants

Appendix 3: Chemicals Listed in Annex C: Definition, Risks, Toxicity

Appendix 4: Reproduction of Article 5, Stockholm Convention

Appendix 5: Reproduction of Annex C, Stockholm Convention

References

Part 2: New Zealand’s Response to the Articles of the Stockholm Convention

Article 3: Eliminate Releases from the Intentional Production and Use of POPs

Article 3 is concerned with establishing the legal and administrative framework for eliminating the intentional production and use of POPs. In this section the history of New Zealand’s past use of POPs is summarised, followed by an outline of the legal and administrative framework established and measures taken in New Zealand to comply with Article 3.

History of organochlorine pesticide use in New Zealand

New Zealand’s past use of POP pesticides from the mid-1940s to the 1960s was mainly in agriculture, horticulture and timber treatment (see Table 3). Smaller amounts were also used in public parks and by home gardeners. The use of POPs to assist food production was progressively restricted by regulation, so that by the mid-1970s their use had largely ceased. All Stockholm Convention POPs pesticides were formally deregistered by the Pesticides Board in 1989. The use of chlordane, dieldrin and pentachlorophenol by the timber treatment and manufacturing industry also ceased about this time.

Table 3: Summary of Stockholm POPs pesticide historical usage in New Zealand [The organochlorines listed in this table were all deregistered by May 1992 and no longer used as pesticides in agriculture, horticulture and industry.]

History of PCB use in New Zealand

Polychlorinated biphenyls (PCBs) were manufactured from 1930 to the late 1970s and used widely in industry throughout the world. PCBs were imported and used (but not manufactured) in New Zealand. Uses were many and varied, including as electrical transformer oils, dielectric fluids, electrical capacitors, heat transfer fluids, hydraulic fluids, solvent extenders, flame retardants, plasticisers, some paints and printing inks, immersion oils and sealants. The unusual industrial versatility of PCBs is directly related to their chemical and physical properties, which include resistance to acids and bases, compatibility with organic materials, resistance to oxidation and reduction, excellent electrical insulating properties, thermal stability, and non-flammability.

A programme to withdraw PCBs from service in New Zealand and to effect their disposal via high-temperature incineration in Europe was initiated in the mid-1980s (see also ‘Activities to manage stockpiles of POP pesticides’, under the Article 6 section). Small quantities of PCBs are exempted to remain in service subject to a monitoring regime. Under national legislation (the Hazardous Substances and New Organisms [HSNO] Act 1996), all PCBs must be completely withdrawn from use and destroyed no later than 2016. The task of administering the existing PCB exemptions register under the Toxic Substances Regulations 1983 has now transferred from the Ministry of Health to ERMA.

Legal measures taken to comply with Article 3

The HSNO Act 1996 is the principal piece of legislation that regulates the use of chemicals in New Zealand. Specifically, the Act regulates the importation, manufacture and use of hazardous substances and imposes life-cycle controls on those substances. The Act was amended in 2003 to bring it into line with the legal requirements of the Stockholm Convention. The HSNO (Stockholm Convention) Amendment 2003 prohibits or restricts imports and the use of certain POP substances. The amendment came into force on 23 December 2004, the same day the Convention came into force for New Zealand. This means that:

• pesticides and industrial chemicals specified as POPs under the Stockholm Convention are banned from importation, production and use in New Zealand
• New Zealand has adopted a timetable to monitor and phase out, by 2016, any PCBs still in use, such as PCBs in electrical transformers, ballasts and capacitors (this timetable is in advance of the Convention deadline of 2025)
• exemptions allow for the importation of POPs for small-scale research and the laboratory use of analytical standards, as provided for under the Stockholm Convention.

The Import Control Act 1988 (renamed the Imports and Exports [Restrictions] Act 1988) was also amended so that import/export controls could be put in place by Order in Council, as required under the Stockholm Convention. Regulations under the Act – the Imports and Exports (Restrictions) Prohibition Order (No. 2) 2004 – came into force on 29 July 2004. The regulations allow for the export of a POP chemical as provided for under Article 3.2 of the convention, and also require that POP waste be administered as a hazardous waste in accordance with the requirements of the Basel Convention, for the purpose of environmentally sound disposal.

The HSNO Act 1996 is administered by ERMA, while the Imports and Exports (Restrictions) Act 1988 is administered by the Ministry of Economic Development. The New Zealand Customs Service (Customs) is the border enforcement agency and monitors the cross-border movement of goods for compliance with the relevant legislative requirements. This includes a requirement for importers and exporters to lodge electronic entries with Customs for goods imported into and exported from New Zealand. In practice, shipments identified as being covered by an import or export prohibition are held by Customs until the importer/exporter produces the required approval from the government agency administering the legislation.

ERMA assesses new substances in accordance with the requirements of Article 3.3 of the Stockholm Convention. In addition, ERMA operates a programme of reassessment of existing approved substances in accordance with the requirements of Article 3.4. Candidate substances are screened against a number of criteria, including hazardous properties such as chronic toxicity and persistence and/or bioaccumulation in the environment. For existing approved substances, a potential candidate list is drawn up and subject to public consultation, and the outcome of this is used to establish a priority listing of substances for reassessment.

Government administration of the above two pieces legislation aims to ensure that the legal requirements of Article 3 are met. These measures are summarised in Table 4 on the following page.

Table 4: Summary of Article 3 obligations and legal measures taken to eliminate the production and use of POPs

Article 4: Register of Specific Exemptions

New Zealand has not registered for any specific exemptions, and so no measures are necessary at this stage.

Article 5: Measures for Annex C Chemicals

A draft Action Plan for Dioxins and Other Annex C Chemicals (unintentional POPs) has been prepared to set out how New Zealand intends to comply with the obligations of Article 5 of the Stockholm Convention. The Plan can be found in Part 3 of this document.

Article 6: Stockpiles and Wastes

In the New Zealand context, measures on stockpiles and wastes can be addressed under three categories: PCBs, POP pesticides and POP-contaminated sites.

Convention obligations for PCBs

In summary, Article 6 requires parties to reduce/eliminate releases of PCBs from stockpiles and wastes. Further and specific obligations relating to PCBs are detailed in Annex A, Part II, encompassing their progressive removal from use, measures to reduce exposures and risk, and identifying and safely managing and disposing of articles and wastes consisting of PCB solids (above 50 ppm) and liquids (consisting of PCBs above 50 ppm and above 50 ml in volume).

The terms used in the Convention text are “make determined efforts” for PCBs greater than 5 litres or 500 ppm, and “endeavour to” identify and remove from use equipment containing PCBs greater than 50 ppm or 50 ml (of greater than 50 ppm). Specifically, the Convention places the following obligation on parties with respect to PCBs (paraphrased from Article 6 and Annex A Part II).

• Take measures, as necessary, for the discovery, identification, collection and disposal of remaining PCB liquids in priority order (concentration, volume) down to 50 ppm and 50 ml, by 2025.
• Identify, collect and manage/dispose of PCB solids greater than 50 ppm (e.g. fluorescent tube ballasts, cable sheaths, caulking and painted products).
• Ensure that POPs as products and articles, on becoming waste, are handled, collected, transported, stored and disposed of in an environmentally sound manner.

Activities to manage PCB stockpiles

A nationwide programme to withdraw PCBs from service in New Zealand and to effect their disposal was initiated in the mid-1980s under the (now repealed) Toxic Substances Act 1979 administered by the Ministry of Health. In June 1988 the Hazardous Wastes Task Group (comprising the Ministry for the Environment, Ministry of Health, Ministry of Energy, Department of Scientific and Industrial Research and the Electricity Corporation) published a report entitled A Strategy for Managing PCBs. This report was the forerunner for the Code of Practice on Safe Management of PCBs, which was published in September 1988 and later reprinted in 1993. The strategy set out in the Code of Practice stated that all PCBs must be withdrawn from service and disposed of within five years, and that owners of PCBs must undertake responsibility for all costs for managing PCBs, including storage, disposal and clean-up costs.

The timeline of the Code of Practice was twice extended, as provided in the Toxic Substances Regulations, to encourage PCB owners to identify and remove PCBs. The need for identification and removal of PCBs from factories in the meat and dairy export sector was highlighted by European Union plant hygiene inspectors, which added further impetus to the programme.

Most bulk stocks of PCBs (i.e. equipment containing greater than 10% PCBs and volumes greater than 5 litres) have now been collected and shipped to Europe for destruction. The programme involved a major effort directed at all industrial sectors, with the following features.

• The programme involved risk management assessment, planning, policy, and implementation phases (see Hazardous Wastes Task Group, 1988).
• The programme targeted electrical generation, transmission and end users, such as the government sector (including education, broadcasting, rail, defence and hospitals), most large commercial buildings, and industries (e.g. ports, airports, meat processing, dairy, timber, pulp and paper, and manufacturing).
• Initial efforts focused on the withdrawal and destruction of high-strength / bulk liquid PCB stocks (starting with PCBs greater than 5000 L or 500 ppm) associated with the use of transformers, including those from power stations and sub-stations.
• A network of collection depots was set up and operated by some electrical contracting companies to deal with small holdings of PCBs. This scheme was very successful in providing a drop-off point, mainly for electricians to dispose of PCB lighting ballasts and small power factor correction capacitors.
• A number of sites were cleaned up where PCBs had escaped due to spillage or electrical equipment malfunction.
• The HSNO Act 1996 Act banned the use and storage of PCBs while allowing for exemptions under a permit scheme to facilitate an ongoing programmed phase-out.
• On being decommissioned, PCBs are classified as hazardous wastes and managed in accordance with the Basel Convention. PCBs presently exempted for use by the electrical supply industry must be completely withdrawn and destroyed no later than 2016.
• A cumulative total of 1467.7 tonnes of PCBs (including oil, capacitors, casings, lighting ballasts) has been collected and destroyed up to 2004 (see Table 5 below).
• Disposal of PCBs has been achieved exclusively via export to Europe and destruction through high-temperature incineration.
• PCB exports for disposal peaked in the mid-1990s and then declined, as reflected in the export tonnages per annum set out in the Table 5.

On current estimates, over 90% of the significant PCB holdings (comprising high volumes and/or high-risk locations such as schools, hospitals and export industries) in New Zealand have now been withdrawn and disposed of. However, small amounts of PCBs (mainly fluorescent tube ballasts) continue to be identified and removed from service for disposal.

Table 5: Tonnes of PCBs exported for disposal up to 2004

Measures for managing PCBs

Stockholm Convention obligation: higher-risk PCBs

The removal and destruction of stocks of medium to high concentration per volume PCBs (greater than 500 ppm / 5 litres) are believed to be substantially completed. A follow-up on exempted use and storage of PCBs should check that Stockholm Convention obligations are being complied with (i.e. Annex A, Part II (i) to (iii): “measures to reduce exposures and risk, to control the use of PCBs”). This could be achieved through a review by ERMA of PCB exemptions for use and storage, with a view to the timely completion of PCB withdrawal and disposal, to be achieved at the very latest by 2016.

Stockholm Convention obligation: lower-risk PCBs

UNEP guidelines indicate a wide range of historical uses of PCBs. Judgement is needed on how New Zealand should act to meet the Stockholm Convention obligation for lower-risk PCB wastes because it is doubtful that the scope and infrastructure of the previous withdrawal programme placed an emphasis on “miscellaneous and minor” stocks.

This category involves PCB fluorescent tube ballasts in older buildings,[Lighting ballasts can be found in fluorescent, mercury, sodium and neon lights as a small capacitor. Ballasts manufactured in the USA post-1978 have stamped on them “No PCBs”. Unlabelled ballasts should be assumed to contain PCBs.] and miscellaneous PCB items, particularly in rural areas, such as power factor correction capacitors and motor-start capacitors[Motor-start capacitors are small capacitors used with single-phase motors to provide starting torque (electrical appliances may include washing machines, water pumps, ventilating fans and air conditioners).] (e.g. for wash-down and bore-water pumps). Present “guestimates” indicate that there may still be more than 100 tonnes of PCBs still in use (fluorescent tube ballasts 75%, other capacitors 25%). As a total this could be considered a significant quantity, although in reality such items may be considered low risk and are dispersed throughout the country. A pilot field survey of pre-1980 buildings and of rural areas could be undertaken in conjunction with stakeholders.

A survey of scrap metal merchants would be a useful cross-check for the presence of PCBs in the waste stream associated with discarded equipment.

Stockholm Convention obligation: collection and disposal

The primary objective of a collection and disposal programme would be to ensure that, as far as practicable, PCB wastes are managed in accordance with the requirements of the Stockholm Convention. In practice, this means maintaining an active collection and disposal network among electrical contractors and the local authority sector. Collectors providing an interim storage service for PCB wastes need an exemption permit from ERMA.

The success of an intervention strategy to prevent inappropriate PCB disposal (e.g. uncontrolled discard, uncontrolled disposal to landfill, entry to the scrap metal or waste oil streams) depends on the awareness and actions of personnel involved in the disposal of obsolete electrical items that have become wastes (e.g. electricians, health protection officers, building demolition contractors, farm workers, operators at transfer stations and landfills, and scrap metal and waste oil merchants).

Such an initiative could be seen as a timely follow-up to the publication Phasing Out Small PCB Holdings (Ministry of Health, 1995). A short, sharp campaign would be more cost-effective than maintaining a specialised collection network for many years to cater for an ongoing dribble of PCB wastes.

A nationwide collection service of spent fluorescent tubes has been initiated by Medi-Chem Waste Service Ltd to recover and recycle mercury and other materials. An allied initiative to properly dispose of old PCB ballasts could potentially utilise this same infrastructure.

Proposed strategy for miscellaneous PCB stocks

The quantity of miscellaneous and minor PCB items still in use is uncertain. The Convention places an obligation on New Zealand to ensure that a collection and disposal network is in place so that such items, on discovery, are managed appropriately. The viability of the existing collection network should be assessed and managed to ensure adequate regional/national coverage.

It is also proposed that stakeholders be consulted (including the electrical and lighting industry, and the scrap metal and waste oil industry) to better estimate remaining miscellaneous PCB stocks and to facilitate the operation of the collection and disposal network. Thereafter, there could be either:

• passive follow up, to establish a level of infrastructure and awareness appropriate to the passive identification, interim storage and environmentally sound disposal of PCB items that trickle in, or
• active follow up, if warranted, involving an intervention strategy to actively identify, remove from use, collect and dispose of miscellaneous items containing PCBs (e.g. fluorescent tube ballasts, capacitors once in common use in farms appliances, and other PCB items not yet considered in a local context).

Activities to manage stockpiles of POP pesticides

Context

Most regional councils have been proactive in dealing with hazardous wastes (which include agrichemical POPs). Significant collection and disposal of agrichemical POPs occurred between 1997 and 1999, when seven councils worked together to collect and ship 120 tonnes of intractable agrichemicals (including POPs) for disposal overseas. Since then, some regions have maintained ongoing collections, while others have run less frequent programmes. Some collections were sponsored by the Ministry for the Environment’s Sustainable Management Fund, but most were funded by local government.

The Ministry for the Environment, in conjunction with regional councils and unitary authorities, has undertaken – and will continue until 2009 to undertake – follow-up collections of unwanted and unused agricultural chemicals, including POP pesticides, in rural New Zealand. Councils fund and co-ordinate the collection of the chemicals and cover the associated marketing, collection, packaging, storage and other additional costs, and the Ministry pays for final disposal costs.

The collection programme has two stages. The first stage is to remove as much as possible of the historical legacy of agrichemicals stored in rural sheds across the country. A key focus is the removal of unwanted POP pesticides. Collections may also focus on smaller quantities of POPs in urban properties using mobile (“hazmobile”) and/or waste transfer stations as collection points. This stage is to continue until 30 June 2009. The second stage is to establish long term systems to ensure that stockpiles of agrichemicals do not build up again.

Under the present collection programme involving 13 regional councils (out of 16), over 290 tonnes of unwanted agrichemicals will have been collected between 2003 and June 2006, of which 228 tonnes were intractable agrichemicals, including POPs. A further 175 tonnes of unwanted intractable agrichemicals are estimated to remain on rural properties among New Zealand’s 16 regions. Eight regions are now considered “effectively clear” of intractable agrichemical stockpiles, and collection efforts will focus on clearing the remaining regions. Information documenting past and present efforts to collect intractable agrichemicals can be viewed on the Ministry for the Environment’s website. [See: http://www.mfe.govt.nz/publications/hazardous/intractable-agricultural-chemicals-feb06/html/ index.html]

In compliance with Article 6.1(a) to (c) of the Stockholm Convention, and pursuant to the HSNO Act 1996, ERMA issued a Storage and Disposal of Persistent Organic Pollutants Notice 2004.[Hazardous Substances (Storage and Disposal of Persistent Organic Pollutants) Notice 2004, New Zealand Gazette 174 (22 Dec), 2004.] The notice sets out the conditions and requirements for ensuring that POP wastes are managed in an environmentally sound manner (handling, collecting, transporting, storing, disposing of chemical stockpiles). The notice directs collectors to comply with all relevant requirements of NZS 8409:2004, including, in particular, section 3 (Land transport of agrichemicals), section 4 (Storage and supply of agrichemicals), and section 7 (Emergency preparedness and management).

The Ministry for the Environment and ERMA have produced a pamphlet entitled Do You Have Banned Pesticides on Your Farm? The pamphlet explains the requirement to store POPs and other unwanted agrichemicals safely until they can be properly disposed of.

Activities to manage POP-contaminated land

Context

Managing land contaminated by POPs is part of the more general issue of managing land contaminated as a result of chemicals use.  Different aspects of contaminated land management are addressed under the Resource Management Act 1991 (RMA), the HSNO Act 1996, the Health Act 1956, the Building Act 2004 and the Health and Safety in Employment Act 1992.  Whereas the Ministry for the Environment is the central government agency having responsibility for overall policy on contaminated land, local authorities (regional, city and district councils) undertake the practical function of administering the legislation.  The policy and legislative framework on contaminated land management is still evolving.

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