PERFORMANCE STANDARD

PERFORMANCE STANDARD

Performance Standard for Issuing Location Test Certificates For test certifiers August 2013 PERFORMANCE STANDARD

2 Performance standard for issuing location test certificates August 2013 EPA0231 Preface This standard is one of a series produced by the Environmental Protection Authority (EPA) to assist test certifiers in their certification work. The EPA expects all test certifiers to operate in accordance with this standard. The performance of test certifiers will be audited against the performance standards issued by the EPA, as will any complaints made against a test certifier.

If through auditing and/or investigation of complaints it is found that test certifiers are not performing their functions in accordance with this standard the EPA may amend or cancel the test certifier’s approval in accordance with its powers under the HSNO Act. This document is not intended to be a comprehensive review of the relevant legislation. It covers those items subject to test certification. If in doubt, refer to the appropriate regulations or site and storage document. This standard does not address the test certification of class 1 explosive substances. This document includes checklists and supporting forms for test certifiers to use.

These checklists (or equivalent documents used by the test certifier) must be completed and kept for future reference and audit. As a test certifier, you must be knowledgeable on the HSNO regulations, relevant codes of practice and guidance material published by the EPA, enforcement agencies A code of practice is a document of formal standing under the Hazardous Substances and New Organisms Act (the Act), and has to be approved by the EPA. Compliance with an approved code of practice is a means of compliance and a defence in law.

A guideline document has no formal standing under the Act.

3 Performance standard for issuing location test certificates August 2013 EPA0231 Introduction This standard establishes the procedure that test certifiers must follow when issuing a location test certificate for classes 2 to 5 substances under the provisions of the Hazardous Substances and New Organisms (HSNO) Act 1996. A location test certificate must be held where flammable and oxidising substances are present in quantities that exceed their respective thresholds. The threshold limits for a hazardous substance location are set out in Schedule 3 and regulations 98 and 120 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 20011 or in the site and storage conditions for the appropriate group standard.

Prior to commissioning a hazardous substance location, a test certifier must certify that hazardous substance locations meet the requirements of the HSNO regulations. A test certifier must therefore carry out a physical inspection of the location and review relevant documentation in accordance with this standard to ensure the requirements are met.

This standard:  identifies the requirements for hazardous substance locations  provides guidance on the steps that shall be taken by test certifiers to confirm the requirements have been met  provides a template that test certifiers should use to keep a record of their assessment  provides a point of reference against which the performance of test certifiers may be audited, and  provides a point of reference for the investigation of any complaint against a test certifier. Hazardous substance location requirements The need for a hazardous substance location test certificate depends on the classes of substances that are being stored or used at a place.

The person in charge of the place must identify the hazardous substance location(s) present and is responsible for ensuring the regulations apply. The person in charge (the applicant) must also ensure that the location has a current location test certificate and engage a test certifier to provide the test certificate.

The test certifier must confirm that the correct requirements have been identified and verify that they have been complied with. Table 1 below provides a summary of the requirements that are relevant to class 2, 3, 4 and 5 substances. Section 3 describes the requirements and the steps that should be taken by the test certifier to verify that these requirements have been met. 1 Threshold values may be varied for specific substances. Test certifiers should refer to the EPA’s database “Controls for approved hazardous substances” or relevant group standards to check if this is the case.

4 Performance standard for issuing location test certificates August 2013 EPA0231 Table 1 Summary of requirements for hazardous substance locations Requirement Classes 2.1.1, 2.1.2 & 3.1 3.2 & 4 5.1.1 & 5.1.2 5.2 Notification to enforcement agency  Approved handler  Hazardous atmosphere zones established  X X X Controls on unintended ignition Ignition sources X  Temperature controls X  Segregation of incompatible substances  Controlled zones  Equipment and clothing X X   Site plan  Signage  Emergency management Documentation X X   Fire extinguishers  Emergency response plan  Secondary containment  Items to be test certified Notification The person in charge of a hazardous substance location must, before commissioning the location, notify the responsible enforcement officer in the area where the hazardous substance location is located.

The notification must be made at least 30 days in advance of the location being commissioned, or 5 days in advance in the case of LPG.

5 Performance standard for issuing location test certificates August 2013 EPA0231 The applicant must be able to demonstrate to the test certifier that they have provided the following information to the appropriate enforcement officer2 :  the street address of the place in which the hazardous substance location(s) is/are located, and  the maximum quantity and hazard classification of each hazardous substance that the hazardous substance location is designed or constructed to accommodate. The test certifier must see copies of the applicant’s letter to the enforcement agency. If the applicant has not notified an enforcement officer, or the record is lost, the test certifier should provide a copy of the notification form for the person in charge to complete and send.

A form is available on the test certifier secure part of the EPA website.

Approved handler controls Approved handlers Approved handler controls apply where the quantity of hazardous substances exceeds the thresholds specified in Table 2 of Schedule 3, Table 3 of Schedule 4 and Table 2 of Schedule 5 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001, or the appropriate group standard. Where these controls apply there must be an approved handler available who is authorised to handle the relevant substances. In order to confirm an approved handler is available the test certifier shall see copies of approved handler test certificates and review them to ensure the approved handler is authorised to handle the substances held on site in the manner that the substances are being used.

The test certifier need not take a copy of the approved handler test certificate but the unique test certificate number(s) should be recorded. The following questions should be asked:  Is the person named on the certificate still an employee of the company?  Are the approved handler certificates valid (what is the date of expiry)?  Are the substances on the certificate the same as those being handled on site?  Is the activity specified on the test certificate consistent with the activities being carried out on site? Security When the approved handler requirements are triggered it is also necessary to confirm that the relevant substance(s) may be secured so that unauthorised people cannot gain access to them.

2 In most cases the enforcement officer will be found at the local office of the Ministry of Business Innovation and Employment Labour Group.

6 Performance standard for issuing location test certificates August 2013 EPA0231 For class 4.1.2A, 4.1.2B, 4.1.2C and 4.1.2D substances the test certifier must confirm that substances are secured in a container that conforms to:  the appropriate construction requirements for containers set out in section 3 of AS 2714:1993, or  another standard approved by the EPA. Where class 5.2A, 5.2B, 5.2C, or 5.2D substance are required to be secured, the test certifier must confirm the substances are secured in a container (not packaging) that conforms to:  the appropriate construction requirements for containers set out in section 3 of AS 2714:1993, or  another standard approved by the EPA.

For all other class 2, 3, 4 and 5 substances the test certifier must confirm that these substances are secured so that no unauthorised people can gain access without tools, keys or any other device for operating locks. Hazardous atmosphere zone A hazardous atmosphere zone must be established where there are class 2.1.1, 2.1.2 or 3.1 substances present in quantities that exceed the thresholds specified in Table 3 of Schedule 3 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001, or the appropriate group standard. Where these requirements apply, the hazardous atmosphere zone(s) must be classified in accordance with AS/NZS 60079.10.1:2009 Classification of Areas – Explosive Gas Atmospheres.

The zone must be documented and the person in charge must ensure operations in the hazardous atmosphere zone comply with either one of regulations 61, 63, 65, 67 or 69 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

The control measures that are required to satisfy the regulations may be generalised as employing one or more of the protection techniques contained in the AS/NZS standards series on Electrical Equipment for Explosive Atmospheres. This may involve measures such as limiting the surface temperature, earthing or protection techniques such as ventilation or the use of special fittings such as flameproof or intrinsically safe equipment. When assessing compliance with the hazardous atmosphere zone requirements, test certifiers must confirm that the zones have been established correctly and that they are being maintained.

In order to do this they must sight and review copies of the following documentation:  Site plan showing the location of the hazardous atmosphere zone(s);  Electrical Certificate of Compliance, and  Periodic inspection report.

Site plan Test certifiers must make enquiries about the establishing of the hazardous atmosphere zone, the extent of the zone, the person who carried out the classification and their qualifications to undertake this work. Responsibility for the accuracy of the hazardous atmosphere zone lies with the person in charge. However, the test certifier is expected to have a good understanding of the zoning requirements. The test certifier

7 Performance standard for issuing location test certificates August 2013 EPA0231 must review the site plan and make judicious enquiry to determine whether this zone has been marked on the site plan correctly and that the plan has been prepared in accordance with the Performance Standard for Site Plans and Drawings issued by the EPA.

Test certifiers need not retain copies of the drawings, but as a minimum they should note the drawing number, the version number and issue date. Electrical documentation If there are any sources of ignition present, the test certifier must confirm that there is a valid electrical certificate of compliance for the location. For sites that are greater than four years old the test certifier must then review the most recent periodic inspection reports to confirm that the site is being maintained. The purpose of reviewing periodic inspection reports is not only to confirm that inspections are being carried out but also to identify any corrective actions raised by the inspector.

The test certifier must consider whether these actions have been completed or if there is a plan in place for their completion when determining whether the site is being properly maintained.

For electrical certificates and inspection reports the test certifier should keep a record of the unique identifiers on the documents and the identity of the issuing organisation. Site inspection Test certifiers must conduct an inspection of the site, identify the hazardous atmosphere zone and:  confirm the accuracy of the site plan  identify any sources of ignition  ensure there are appropriate control measures in place, and  confirm that the hazardous atmosphere zone is being maintained. Controls of unintended ignition Ignition sources In addition to temperature controls the test certifier must confirm that ignition sources are controlled in accordance with the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

Class 3.2 and 4 substances may not be exposed to any ignition source that may release spark energy in a way that could result in an explosion or fire.

A location holding class 5.1.1, 5.1.2 or 5.2 substances shall be designed and managed so that any moisture or any vapour, gas, or particulate matter is not able to make contact with any electrical circuit or equipment within the location. These classifications shall be separated from ignition sources by at least the distances specified in Table 5 of Schedule 4 and Table 7 of Schedule 5 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. Alternatively they may be separated from ignition sources by a wall with a fire resistance rating of 120/120/120 minutes.

8 Performance standard for issuing location test certificates August 2013 EPA0231 Test certifiers must:  inspect the hazardous substance location to determine whether there are any ignition sources present  if ignition sources are present in areas housing class 3.2 or 4 substances the test certifier must obtain a copy of the electrical certificate of compliance to confirm that devices will not release spark energy  for areas housing class 5.1.1, 5.1.2 and 5.2 substances the test certifier must measure the separation distance from the nearest ignition source to confirm the minimum separation distances are in place, and  if the applicant has chosen to install a wall with a fire resistant rating the test certifier must confirm through inspection and by obtaining a copy of ‘as built’ drawings that the wall complies with the FRR required by the legislation.

Temperature control Temperature controls are required for class 3.2, 4.1.1, 4.1.2, 4.1.3, 4.2, 4.3, 5.1.1, 5.1.2 and 5.2 substances. Class 3.2 and 4 substances must be maintained at a temperature below that specified in Table 6 of Schedule 3 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. The requirements for class 5.1.1 and 5.1.2 substances are specified in Regulation 91 and the requirements for class 5.2 substances are specified in Regulation 110 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

A temperature control plan and system must be in place to ensure that substances do not exceed their control temperatures, and this must:  monitor and control the temperature of the space in which the substance is located, and  describe the steps and provide the equipment necessary to restore ambient temperature of the substance to below the control temperature in less than the time it would take for the temperature of the substance to reach the emergency temperature specified in that table.

In order to determine whether these requirements have been met the test certifier must:  obtain a copy of the Temperature Control Plan and any other documentation relating to the system for temperature control  check the plan to ensure that correct control and emergency temperatures have been identified for the substances held on site  review documentation to identify what measures have been put in place to control temperature, and  inspect the location to verify that the relevant equipment specified in the plan is in place. Segregation of incompatible substances Incompatible substances at the location must be segregated from one another.

Where more than one of the substance groupings shown below is present it is also necessary to establish separate hazardous substance locations.

9 Performance standard for issuing location test certificates August 2013 EPA0231 The test certifier must confirm the following through an inspection of the site inventory, the hazardous substance location and the site plan:  Class 2, 3 and 4 substances Incompatible substances are separated by a wall with a fire resistance rating of 120/120/120 minutes, or by a distance of not less than 3 m. In retail stores a distance of 1.5 m may be allowed when separating minor quantities3 of aerosols from incompatible substances.  Class 5.1.1 and 5.1.2 substances Class 5.1.1 and 5.1.2 substances shall be separated from incompatible substances by either:  a wall with a fire resistance rating of 120/120/120 minutes, or  the applicable distance specified in Table 4 of Schedule 4 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

 Class 5.2 substances Class 5.2 substances must be separated from incompatible substances by either:  a wall with a fire resistance rating of 120/120/120 minutes (where the hazardous substance location site boundary abuts an area of low intensity land use);  a wall with a fire resistance rating of 240/240/240 minutes (where the hazardous substance location site boundary abuts an area of high intensity land use);  the applicable distance as specified in Table 5 and Table 6 of Schedule 5 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

Controlled zones A controlled zone is an area abutting a hazardous substance location that is regulated so that within the zone, the adverse effects of a hazardous substance are reduced or prevented, and beyond the zone, members of the public are provided with reasonable protection from those adverse effects.

A controlled zone must be established in a location where class 2 to 5 substances are being stored and used. For class 2.1.1, 2.1.2 and 3.1 substances, these zones must meet the requirements of Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled toxic Substances) Transfer Notice (the transfer notice). For classes 4 and 5 substances the requirements are specified in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. Equivalent requirements are also specified in Group Standards.

The requirements depend upon the classes of substance and also upon whether substances are being stored or used, but the fundamental requirements are that:  access to the controlled zone must be restricted to authorised personnel only  hazardous substances are separated from adjoining land by a minimum separation distance specified in the regulations or by a wall with a specific fire resistance rating, or 3 Code of Practice for Storage of Class 3.1 substances in retail stores conforming to AS/NZS 3833

10 Performance standard for issuing location test certificates August 2013 EPA0231  where class 3.1 substances are held in a storage cabinet or in a room in a building with specific fire ratings, the separation distances are zero.

Test certifiers must determine whether the requirements have been met and, if there are any approved waivers issued by the EPA, whether the conditions of the waiver(s) have been met. Class 2 hazardous substances Cylinders, above ground stationary tanks, transfer points connected to above ground storage tanks and cylinder filling stations containing class 2.1.1 substances and buildings containing flammable aerosols (class 2.1.2) must, as a minimum, be separated from the boundary of the controlled zone by the distances specified in Schedule 10, Parts 3 and 4 of the transfer notice. This is with the exception of cylinders containing

11 Performance standard for issuing location test certificates August 2013 EPA0231 Class 3.1 hazardous substances The requirements for class 3.1 substances depend upon whether the substances are being stored in an above ground stationary tank, stored in packages or are in open packages or being used. Above ground stationary tanks must, as a minimum, be separated from the boundary of the controlled zone by the distances specified in Schedule 10 of the transfer notice or the appropriate group standard. Flammable liquids that are either being stored or used must be held in specific types of buildings or storage cabinets.

These buildings and cabinets must be separated from the boundary of the controlled zone by the distance specified in Schedule 10 of the transfer notice, as a minimum. The exception being Type E buildings, providing they meet the requirements of Part 5 of Schedule 10. Requirements may be varied by the EPA upon application by the person in charge of the hazardous substance location, therefore test certifiers must identify any such ‘waivers’ and confirm that the waiver is being complied with.

Test certifiers must:  identify whether the person in charge holds a waiver, provided by the EPA, varying the standard requirements. If such a waiver is held this shall be sighted and the test certifier must confirm the conditions of this waiver have been complied with  determine whether substances are being stored or used  identify the type(s) of building(s) the substance(s) is/are being stored in (for Type E buildings see below);  establish the quantity being stored in these locations and the size of containers being used for storage  check whether the quantities meet the requirement of clause 29, Part 3, Schedule 10 of the transfer notice  determine whether the neighbouring land is high or low intensity land use  check whether the minimum separation distances are met, and  check whether the buildings and/or cabinets meet the specifications of Schedule 10 of the transfer notice.

Note: If a controlled zone extends beyond the boundary of the site, test certifiers must determine whether there is an agreement in place with the neighbouring property owner to allow this. Where this occurs, evidence of a signed agreement from the neighbouring property owner allowing the controlled zone to extend onto their property must be obtained. This agreement must confirm that the neighbour understands the implications of the controlled zone and agrees to manage the portion within their property. Type E buildings If substances are being stored in a type E building, test certifiers must check the following:  whether a report has been prepared by an approved test certifier confirming that the type E building complies with the requirements of Part 5, Schedule 10 of the transfer notice  a compliance plan has been prepared for the building and this plan has been approved by the EPA, and  the requirements of the compliance plan are being met.

12 Performance standard for issuing location test certificates August 2013 EPA0231 Class 3.2 and 4 hazardous substances Under the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001, class 3.2 and 4 substances must be separated from the boundary of the controlled zone by a minimum distance specified in Table 7 or 8 of Schedule 3 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. Alternatively a fire resistant wall must be installed with the appropriate specification. In either case no unauthorised personnel should be allowed access to the controlled zone.

Test certifiers must:  determine whether the neighbouring land is high or low intensity land use  check whether the minimum separation distances are met, and  check walls that have been constructed between these hazardous substances and adjoining land to determine whether they have the appropriate fire resistance rating.

Class 5 hazardous substances Controlled zones containing class 5 substances must either be separated from adjoining areas by a wall with a minimum fire resistance rating or by a minimum distance specified in either Schedule 4 or 5 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 or the appropriate group standard. Test certifiers must:  determine whether the neighbouring land is high or low intensity land use  check whether the minimum separation distances are met, and  check walls that have been constructed between these hazardous substances and adjoining land to determine whether they have the appropriate fire resistance rating.

Equipment and clothing Personal protective clothing and equipment may be required for handling many classes of hazardous substances. However, test certifiers are specifically required to certify that suitable clothing and equipment is available to people that are likely to be exposed to class 5.1.1, 5.1.2 and 5.2 substances, that this equipment and clothing is designed and constructed of suitable material and that there procedures in place providing instruction on their use and maintenance. Where these requirements are triggered test certifiers shall:  inspect the premises to confirm that suitable clothing and equipment is available  determine where procedures/instructions on use and maintenance of equipment and clothing are held and that these are readily available to people who come into contact with class 5.1.1, 5.1.2 and 5.2 substances, and  request copies of procedures/instructions providing guidance on how and when to use equipment/clothing and how they shall be maintained.

13 Performance standard for issuing location test certificates August 2013 EPA0231 Site plan5 The person in charge of the hazardous substance location must ensure there is a site plan available that shows the physical position, relative to the legal boundaries of the site, of all:  hazardous substance locations within the place that contain classes 2, 3, 4 or 5 substances  hazardous atmosphere zones where classes 2 or 3 substances are located, and  controlled zones within the place. Site plans must be prepared in accordance with the Performance Standard for Site Plans and Drawings issued by the EPA.

Test certifiers must determine whether there is a site plan available for inspection and if the site plan meets the minimum acceptable criteria specified in the Performance Standard for Site Plans and Drawings. Test certifiers should also carry out an inspection of the premises in order to confirm the location and dimensions of all zones and locations marked on the plan.

Signage6 In order to comply with the hazardous substances location requirements, signage shall be in place for hazardous substance locations where the quantity of hazardous substances exceeds the threshold specified in Schedule 3 of the Hazardous Substances (Identification) Regulations 2001. Test certifiers shall check to see if the threshold quantity and controls have been varied. In order to determine whether the signage requirements are met test certifiers should inspect the location to determine whether the signs display the correct information and have been installed in the correct position.

1.1.1.Where must signage be positioned Where substances are stored in a building, but not in a particular room or compartment within the building, signage must be positioned at:  every vehicular and pedestrian access to the land where the building is located  every vehicular and pedestrian access to the building  the entrance to the particular room or compartment where the substance is stored  if hazardous substances are located in a particular room or compartment within a building signage must be positioned at each entrance to the room or compartment, and  where hazardous substances are located outdoors signage must be positioned immediately next to that area.

What must be displayed on signage? If hazardous substances are located in a building, the signage must state:  that hazardous substances are present, and  the general type of hazard of each of them. 5 Refer to Performance Standard for Site Plans and Drawings for Test Certifiers – September 2012 6 Refer to Performance Standard for Signage for Test Certifiers – September 2012

14 Performance standard for issuing location test certificates August 2013 EPA0231 In addition, when hazardous substances are located in a particular room or compartment within a building, or if located in an outdoor area, the signage must state:  the hazardous property of each hazardous substance  in the case of flammable substance, the precautions necessary to prevent unintended ignition  in the case of oxidising substances or organic peroxides, the precautions necessary to prevent unintended combustion, and  the actions to be taken in an emergency.

One useful means of recording the adequacy of compliance is to take a photograph of the signs which may be kept as a record.

Emergency management7 Level 1 emergency management is not subject to test certification. However, Level 2 (documentation and fire extinguishers) and Level 3 (emergency response plans, secondary containment and signage) do require certification. These controls apply where the quantities of hazardous substances exceed the thresholds specified in Schedules 2 to 5 of the Hazardous Substances (Emergency Management) Regulations 2001, or appropriate group standard, unless the threshold is varied for a specific substance. The test certifier must therefore identify which requirements require certification by reviewing their copy of the Hazardous Substances Register for the location and comparing these with the thresholds specified in the regulations and any substance specific variations.

Documentation These controls only require certification when triggered by class 5 hazardous substances. The test certifier must determine whether the person in charge of the hazardous substance location holds copies of Safety Data Sheets for each of the class 5 substances that trigger these requirements. The Safety Data Sheets must provide the following information:  guidance on preparations required for responding to an emergency involving the substance  special training or equipment required  actions to be taken in the event of an emergency, and  where the substances in question are peroxides, this information must include a description of the steps to control a fire involving the substance.

7 Refer to Performance Standard for Secondary Containment – September 2012 and the Performance Standard for Fire Extinguishers and Emergency Response Plans for Test Certifiers – September 2012

15 Performance standard for issuing location test certificates August 2013 EPA0231 Fire extinguishers The test certifier must determine whether fire extinguishers are required by reviewing the Hazardous Substances Inventory for the location (including quantities and classifications of substances) and comparing these with the thresholds in Schedule 3 of the Hazardous Substances (Emergency Management) Regulations 2001.

Where fire extinguishers are required the test certifier must confirm that:  the correct number of fire extinguishers are in place  each of these fire extinguishers must have at least a 30B rating as defined in AS/NZS 1850:1997. A 2 kg ABC dry powder extinguisher or two 9 litre foam extinguishers will meet the requirement  fire extinguishers are located no more than 30 metres from the location where the hazardous substances are stored, and  if an emergency response plan is required, the plan must specify the location and type of fire extinguishers.

Emergency response plan The emergency response plan must cover all reasonably likely emergencies that may arise from breach or failure of the controls for the substance(s) held on site. Test certifiers must ensure there is an Emergency Response Plan (ERP) for the site and review the plan to make sure it contains the following information:  all reasonably likely emergencies  roles and contact details for personnel responsible for responding to emergencies  contact details for external parties (neighbours, emergency services etc.) who may need to be notified of an emergency  the location, nature and quantity of hazardous substances covered by the plan  personal protective equipment – the type and location of equipment, and  actions to be taken in response to emergencies and guidance on how to decide which actions to take.

The test certifier shall then:  determine whether the ERP is available to every person identified in the plan as having a role in its execution, including emergency services providers  inspect the site to confirm that any PPE specified in the plan is in the correct location(s), and  check whether there is a testing programme in place and records to demonstrate that the testing programme is being carried out.

Test certifiers are not expected to confirm that ‘all reasonably likely emergencies’ have been identified, or to evaluate the quality or likely effectiveness of the response measures. Secondary containment When the quantities of hazardous substance exceed those specified in Schedule 4 of the Hazardous Substances (Emergency Management) Regulations 2001 it is necessary to install secondary containment for pooling substances.

16 Performance standard for issuing location test certificates August 2013 EPA0231 The requirements for the containment system depend upon the capacity of the containers in which hazardous substances are held and whether they are held in containers above or below ground.

If two or more containers of different capacities are held at one place, the containment system must have the capacity of at least the sum of each container category. Table 2 Minimum capacity requirements for secondary containment Container size Quantity – Total pooling potential (TPP) Less than 5,000 L Greater than or equal to 5,000 L ≤ 60 L At least 50% TPP 2,500 L or 25% TPP (whichever is the greater) > 60 and up to 450 L At least 100% TPP 5,000 L or 50% TPP (whichever is the greater) > 450 L At least 110% of the capacity of the largest containers Below ground At least 100% TPP The test certifier must determine whether the threshold quantities for secondary containment have been exceeded.

If it is required, the test certifier must carry out an inspection of the location where pooling substances are situated and verify that secondary containment is:  in place  of the correct capacity  will contain the substance, and  allows substances to be recovered. Conforming to, for example, the Code of Practice for Secondary Containment Systems (COP47) is a means of compliance.

In addition to this the test certifier must ensure there are controls in place to exclude any energy or ignition sources and prevent contact between spilled substances and any incompatible substances held on site. Issuing test certificates When a test certifier is engaged to evaluate a location they should follow the procedure set out in the performance standard for test certifier service. It is essential that the test certifier:  collects necessary data in advance  visits the location, or arranges for a suitably qualified person to visit the location to collect information, and  visits the site no more than one month before the expiry date.

17 Performance standard for issuing location test certificates August 2013 EPA0231 Where the test certifier is satisfied the requirements have been met they may issue a test certificate. The test certificate must be:  issued in accordance with the relevant legislation and follow applicable standards, codes of practice, guidelines, rules or directives issued by the EPA  in the format required by the EPA  printed from the test certificate register8  clearly written in plain English, and  the signature shall be the one normally used by the test certifier, not an abbreviated form, or their initials  test certifiers shall not issue certificates for a shorter timeframe than that allowed by the legislation without the approval of the applicant, and  test certifiers shall advise the applicant when there is an option to extend the duration of a test certificate, notably location test certificates and stationary container system test certificates.

Test certifiers must enter data into the EPA test certificate register. They may then print a copy of the test certificate directly from the register in the correct format and issue this to their client. As standard, test certificates should be issued for a period of 12 months. However, test certifiers must inform the person in charge of the hazardous substance location that they may make an application directly to the EPA to extend the duration of the test certificate for a longer period (up to 36 months). If any one or more of the requirements has not been met and the non-compliance is identified as minor and technical in nature, the test certifier may issue a conditional location test certificate.

For further guidance on determining whether non-compliance is minor and technical in nature test certifiers should refer to the Performance Standard for Conditional Location Test Certificates – September 2012. Where the issue of a test certificate is to be refused, the test certifier shall notify:  the applicant, in writing, with reasons, of the refusal and recommended corrective actions within 10 working days, and  the appropriate enforcement agency, unless they are satisfied the issue(s) of non-compliance is minor and technical in nature. They can do so by completing the online notification form available in the test certificate register.

Where non-compliance is more significant, the test certifier must notify the relevant enforcement agency as required by section 82(4) of the Act. 8 This functionality will shortly be available with the launch of an upgrade to the test certificate register.

18 Performance standard for issuing location test certificates August 2013 EPA0231 Conditional location test certificates9 Where the test certifier is not satisfied that the hazardous substance location test certificate requirements have been met they shall evaluate the level of non-compliance in accordance with the Performance Standard for Conditional Location Test Certificates.

If the issue(s) meet(s) the criteria specified in Table 1 of the performance standard the test certifier may issue a conditional location test certificate. However, if the issues do not meet the criteria specified, the test certifier must notify the appropriate enforcement agency. 9 Refer to Performance Standard for Conditional Location Test Certificates for Test Certifiers – September 2012

19 Performance standard for issuing location test certificates August 2013 EPA0231 Definitions Compatible – The definitions for compatibility and incompatibility are specific to the class of the substance(s).  Class 2, 3 or 4 substances - in relation to a class 2, 3, or 4 substance or material, means that, in the absence of an ignition source, that substance or material:  is chemically inert in relation to another class 2, 3, or 4 substance for the range of temperatures and pressures at which the substances are brought into contact; or  if the substance or material does react with the other class 2, 3, or 4 substance, it does so in a way that does not cause or contribute to a fire or explosion; or  when mixed with another class 2, 3, or 4 substance, does not lead to a substance of a different hazardous property, or type or degree of hazard; or  is not listed as incompatible in table 1 of Schedule 3 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

 Class 5.1.1 and 5.1.2 substances - in relation to a class 5.1.1 or 5.1.2 substance and its relationship with any other substance or material, means that the other substance or material:  is chemically inert in relation to the class 5.1.1 or 5.1.2 substance for the range of temperatures and pressures at which it is brought into contact with the class 5.1.1 or 5.1.2 substance; or  if it does react chemically with a class 5.1.1 or 5.1.2 substance, it does so in a way that does not cause or contribute to combustion or the expulsion of steam and hot vapours, or generate an explosion or generate a class 6, 8, or 9 substance.

 Class 5.2 substances - in relation to any class 5.2 substance and its relationship with any other substance or material, means that the other substance or material:  is chemically inert in relation to the class 5.2 substance for the range of temperatures and pressures at which it is brought into contact with the class 5.2 substance; or  if it does react chemically with a class 5.2 substance, it does so in a way that does not cause or contribute to combustion or the expulsion of steam and hot vapours, or generate an explosion or generate a class 6, 8, or 9 substance.

Incompatible – The definition for incompatibility is specific to the class of substance(s)  Class 5.1.1 and 5.1.2 - in relation to a class 5.1.1 or 5.1.2 substance, means another substance or material that is not compatible with the class 5.1.1 or 5.1.2 substance; and includes:  a substance that is not a class 5.1.1 or 5.1.2 substance but that is classified in class 5.2, or in any of classes 1, 2, 3, 4, 6.1A to C, or 8:  any organic matter, or substance that contains carbon, in a form that will combust with the class 5.1.1 or 5.1.2 substance:  zinc or magnesium in any form, and any other metal in powdered form:  any substance or material that will combust with air, or will combust with or catalyse the decomposition of a class 5.1.1 or 5.1.2 substance.

20 Performance standard for issuing location test certificates August 2013 EPA0231  Class 5.2 - in relation to a class 5.2 substance, means another substance or material that is not compatible with the class 5.2 substance, and includes:  a substance that is not a class 5.2 substance but that is classified in any of classes 1, 2, 3, 4, 5.1.1, 5.1.2, 6.1A to C, or 8:  zinc or magnesium in any form, and any other metal in powdered form:  any substance or material that will combust with air, or will combust with or catalyse the decomposition of the class 5.2 substance.

21 Performance standard for issuing location test certificates August 2013 EPA0231 Attachment A - Test Certifier Checklist

22 Performance standard for issuing location test certificates August 2013 EPA0231

23 Performance standard for issuing location test certificates August 2013 EPA0231 Location test certificate check sheet Item Requirement Check Copy LTC Met Comment Recommendation 1 Notification 1.1 Hazardous substances inventory present and complete (quantities, classifications, container size, location). Y/N 1.2 Safety Data Sheets available on site for all hazardous substances. Y/N 1.4 Copy of letter of notification to enforcement agency is available. Y/N 1.5 Letter identifies the appropriate information.

Y/N 1.6 Letter sent at least 30 days before commissioning hazardous substance location. Y/N 2 Approved handlers 2.1 Is an approved handler required? If so, check the following: Y/N 2.2 Approved handler appointed for each hazardous substance location.

Y/N 2.3 Valid test certificates held for approved handlers Y/N 2.4 Certificate relates to site where the substances are being used/held. Y/N 2.5 Substances listed on certificate are the same as those being handled on site. Y/N 2.6 Activity specified on test certificate is consistent with the activities being carried out on site. Y/N

24 Performance standard for issuing location test certificates August 2013 EPA0231 Item Requirement Check Copy LTC Met Comment Recommendation 3 Security 3.1 Substances that trigger approved handler requirements secured so that no unauthorised person can gain access? Y/N 3.2 Class 4.1.2A-D and 5.2A-D substances secured in containers that conform to AS 2714:1993 Y/N 4 Hazardous Atmosphere Zone 4.1 Hazardous atmosphere zone required? Y/N 4.2 Hazardous atmosphere zone classified by competent person Y/N 4.3 Site plan Site plan showing location of hazardous atmosphere zone(s) available.

Y/N Zone is marked correctly on Site plan Y/N 4.4 Site inspection Sources of ignition present? Y/N Control measures in place Y/N Hazardous atmosphere zone is being maintained Y/N 4.5 Electrical documentation Valid electrical certificate of compliance Y/N Periodic inspection report available Y/N Corrective actions in periodic inspection report complete. Y/N

25 Performance standard for issuing location test certificates August 2013 EPA0231 Item Requirement Check Copy LTC Met Comment Recommendation 5 Segregation 5.1 Are there incompatible substances on site Y/N 5.2 Incompatible substances separated Y/N 5.3 Separation walls have correct fire resistance rating Y/N 5.4 Minimum separation distances in place Y/N 6 Controlled Zones 6.1 Class 2 - Check the following: Quantities present Container type (cylinder, tanks, transfer point, building) Neighbouring land (High Intensity Land Use or Low Intensity Land Use) Record land use(s) Minimum separation distances in place Y/N Buildings present within 1 or 2 metres of liquefiable gas cylinders?

Y/N Walls of buildings have correct fire resistance ratings Y/N 6.2 Class 3.1 Substances being stored or used Stored/Used 6.2.1 Storage Type of building substance(s) is/are being stored in (Type A, B, C, D or storage cabinet) Type A, B, C, D or cabinet Building/cabinet meets required specification Y/N Quantity and package sizes

26 Performance standard for issuing location test certificates August 2013 EPA0231 Item Requirement Check Copy LTC Met Comment Recommendation Neighbouring land (High Intensity Land Use or Low Intensity Land Use) Record land use(s) Minimum separation distance in place Y/N 6.2.2 Use Type of building substance(s) is/are being stored in (Type 1, 2 or 3) Type 1, 2 or 3 Building meets required specification Y/N Quantity and container sizes Correct quantities in each building type Y/N Neighbouring land (High Intensity Land Use or Low Intensity Land Use) Minimum separation distance in place Y/N 6.2.3 Class 3.2, 4 and 5 Neighbouring land (High Intensity Land Use or Low Intensity Land Use) Minimum separation distance in place Y/N Separation walls have correct fire resistance rating Y/N 6.2.4 Site plan Controlled zone(s) marked correctly on site plan Y/N 7 Temperature Control 7.1 Temperature controls required? Y/N 7.2 Temperature control plan in place Y/N 7.3 Correct control and emergency temperatures identified Y/N

27 Performance standard for issuing location test certificates August 2013 EPA0231 Item Requirement Check Copy LTC Met Comment Recommendation 7.4 Appropriate temperature control measures identified in plan Y/N 7.5 Relevant control equipment/measures in place Y/N 8 Ignition Source Controls 8.1 Class 3.2 and 4 substances Ignition sources present Y/N Valid electrical certificate of compliance Y/N Periodic inspection report available Y/N Corrective actions in periodic inspection report complete. Y/N 8.2 Class 5.1.1, 5.1.2 and 5.2 Ignition sources present Y/N Minimum separation distance in place Y/N Walls of buildings have correct fire resistance ratings Y/N 9 Site Plan 9.1 Site plan available Y/N 9.2 Site plan is up to date Y/N 9.3 Plan prepared in accordance with Performance Standard for Site Plans and Drawings.

Y/N 9.4 Plan shows location of all:  hazardous substance locations  hazardous atmosphere zones, and  controlled zones. Y/N 9.5 Site inspection confirms accuracy of information illustrated in site plan. Y/N

28 Performance standard for issuing location test certificates August 2013 EPA0231 Item Requirement Check Copy LTC Met Comment Recommendation 10 Signage 10.1 Signage required? Y/N 10.2 Signage in place in correct locations (site entrance, entrance to building, entrance to room or compartment where substance is stored) Y/N 10.3 Signage displays correct information Y/N 11 Emergency Management 11.1 Documentation Safety data sheets available for relevant class 5 substances Y/N Safety data sheets provide information on:  Preparations for responding to an emergency involving the substance  Special training or equipment required, and  Actions to be taken in the event of an emergency.

Y/N 11.2 Fire extinguishers Fire extinguishers required? Y/N Correct number of fire extinguishers in place Y/N Correct type of fire extinguishers available Y/N Fire extinguishers properly positioned Y/N 11.3 Emergency response plan Emergency response plan required? Y/N Emergency response plan (ERP) in place Y/N

29 Performance standard for issuing location test certificates August 2013 EPA0231 Item Requirement Check Copy LTC Met Comment Recommendation ERP addresses:  anticipated emergencies  Roles and contact details for emergency response personnel  Location, nature and quantity of hazardous substances  Personal Protective Equipment (location and type), and  Actions to be taken Y/N Plan available to all emergency response personnel Y/N Evidence of training for emergency response personnel Y/N All PPE identified in ERP is present and in good condition. Y/N ERP is being routinely tested. Y/N 11.4 Secondary containment Secondary containment required Y/N Secondary containment in place Y/N Correct capacity Y/N Complies with COP47 Y/N Allows substances to be recovered Y/N 12 Equipment and Clothing 12.1 Suitable equipment/clothing available Y/N 12.2 Procedures/instructions in place on use of clothing/equipment Y/N

30 Performance standard for issuing location test certificates August 2013 EPA0231

31 Performance standard for issuing location test certificates August 2013 EPA0231

Level 10, 215 Lambton Quay, Wellington 6140, New Zealand