New Zealand’s Updated National Implementation Plan Under the Stockholm Convention on Persistent Organic Pollutants

Article 7 of the Convention requires each party to develop, implement and update a national implementation plan (NIP). New Zealand submitted a substantial NIP in 2006, to implement the Convention, and an Addendum in 2014, to implement the amendment agreed at the fifth Conference of the Parties in 2013 to list endosulfan. The second NIP published in 2018 (NIP2) addressed amendments to the Convention since New Zealand's first NIP (NIP1) and referenced the chemicals added to the Convention in 2017. This update (NIP3), addresses amendments to the Convention made in 2019 to Annex A; specifically, the addition of dicofol and perfluorooctanoic acid (PFOA), its salts and PFOA- related compounds. In addition, it addresses Decision SC-9/4, which amended and removed certain acceptable purposes and specific exemptions for perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl fluoride (PFOSF), which are listed in Annex B (chemicals with restricted uses). NIP3 also provides an update on the overall domestic system and the strategic issues faced in New Zealand. NIP3 updates New Zealand's current and planned activities to address its obligations under the Convention. The updated measures are outlined under each relevant article and summarised in table 1. Table 1: National Implementation Plan 2022 summary of New Zealand measures Article Responsibility Function – including measures

Article 3: Eliminate Environmental EPA administers the Hazardous Substances and New releases from the Protection Authority Organisms (HSNO) Act 1996 in matters relating to: intentional production (EPA) • prohibition on import, production, use, storage and and use of persistent disposal of POPs organic pollutants • assessing new and existing chemicals that exhibit (POPs) POP characteristics • permitting the appropriate use of POPs for laboratory-scale research or as a reference standard. EPA and New Zealand EPA and Customs: Customs Service • administer and enforce the Imports and Exports (Customs) (Restrictions) Prohibition Order (No 2) 2004 and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) • control movements of POP chemicals and POP hazardous waste across the border.

Article 4: Register of MfE MfE will register specific exemptions, as appropriate. specific exemptions

Article 5: Action plan to MfE To protect human health and the environment by reduce or eliminate continuing the minimisation and, where feasible, releases of dioxins and ultimate elimination of release of dioxins and other other Annex C chemicals Annex C chemicals, MfE will continue to: 8 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Article Responsibility Function – including measures • review and update five yearly a New Zealand Inventory of Dioxin Emissions to Air, Land and Water, and Reservoir Sources • monitor laws and policies to manage releases of dioxins and other Annex C chemicals • identify strategies to minimise releases of dioxins and other Annex C chemicals • promote information (where appropriate) to support the above programmes • report progress under the Action Plan for Dioxins and Other Annex C Chemicals every five years • continue to implement the Action Plan for Dioxins and Other Annex C Chemicals to achieve release reduction or source elimination.

Article 6: Stockpiles and EPA and MfE To reduce or eliminate releases from stockpiles and wastes wastes: EPA: • enforces any bans on POPs under the HSNO Act 1996 • promotes the safe interim storage and disposal of POPs through the Hazardous Substances (Storage and Disposal of Persistent Organic Pollutants) Notice 2004 • grants permits to export POPs or POP wastes for destruction under the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004. MfE: • administers the Contaminated Sites Remediation Fund to help local government to assess and clean up contaminated sites throughout the country • provides national direction through the Resource Management (National Environmental Standards for Air Quality) Regulations 2004 and Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 • administers the Waste Minimisation Act 2008, which provides funding for chemical (including POPs) recovery schemes through the Waste Minimisation Fund, and for product stewardship schemes.

Article 7: NIP MfE MfE will: • review and update the NIP in accordance with the requirements of Article 7 • submit New Zealand's updated NIP to the Secretariat of the Stockholm Convention (Convention Secretariat) by 03 December 2022.

Article 8: Listing of new EPA and MfE EPA and MfE will continue to: POPs under the • monitor international assessments of potential POP Convention chemicals and participate in forums, as appropriate; and, subject to resources, collect information about these POP candidates in New Zealand • consult with stakeholders in developing a New Zealand position on chemicals recommended by the New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 9 Article Responsibility Function – including measures POPs Review Committee to the Conference of the Parties to the Convention for listing under the Convention.

Article 9: Information MfE MfE will continue to provide and exchange information exchange with parties to the Convention, either directly or via the Convention Secretariat.

Article 10: Public MfE MfE will continue to consider the requirements of Article information, awareness 10 when undertaking projects relevant to the and education Convention.

Article 11: Research, MfE, Ministry of Health MfE and MOH will continue, subject to resources, a development and (MOH), Ministry for biomonitoring programme (serum) appropriate for monitoring Primary Industries (MPI) tracking the New Zealand population’s exposure to POPs. MfE will continue to monitor the effectiveness of the NIP (relating to dioxin reduction, waste stocks and contaminated sites management) and monitor POPs in the environment. MfE and the EPA have a joint work programme to implement the recommendations of the Parliamentary Commissioner for the Environment’s report on improving chemicals management and the fate of chemicals in the environment Knowing what’s out there - Regulating the environmental fate of chemicals. MPI will monitor relevant POPs in the food chain (through the New Zealand Total Diet Study and the National Chemical Contaminants Programme, as appropriate).

Article 12: Technical MfE, Ministry of Foreign MfE, in conjunction with MFAT, and subject to assistance Affairs and Trade (MFAT) resources, will address requests for technical assistance. Articles 13 and 14: MFAT MFAT will consider New Zealand’s level of commitment Financial resources to the Global Environment Facility replenishment rounds.

Article 15: Reporting MfE and EPA MfE and the EPA will collect the necessary information and prepare and submit future New Zealand reports, in accordance with the requirements of the Convention.

Article 16: Effectiveness MfE MfE will continue to: evaluation • maintain international liaison and collaborate with the Convention Secretariat, as appropriate and subject to resources, in contributing to a global monitoring programme • provide to the Convention Secretariat information gained from existing POP monitoring programmes and from any future research programmes. Articles 17–30 The remaining articles concern the international administration of the Convention and are not considered relevant to this updated NIP. 10 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Chapter 1: National implementation plan process and the Stockholm Convention This chapter summarises the national implementation plan (NIP) process in New Zealand and the persistent organic pollutants (POPs) listed under the Stockholm Convention on Persistent Organic Pollutants (the Convention) since 2001. 1.1 New Zealand and the Stockholm Convention The Convention is a multilateral environmental agreement committing governments to take measures to protect human health and the environment from the negative effects of POPs. Its goal is to reduce and, where feasible, eliminate the production and environmental release of the chemicals listed under the Convention. New Zealand signed the Convention in 2001 and ratified it in 2004. The Ministry for the Environment (MfE) leads New Zealand’s participation in the Convention and coordinates the Convention’s implementation across government. Contact point National Focal Point Stockholm Convention Ministry for the Environment PO Box 10362 Wellington 6143 0800 499 700 or +64 4 439 7400 stockholm@mfe.govt.nz 1.2 National implementation plan process in New Zealand

Article 7 of the Convention requires each party to develop an NIP. The NIP outlines how a country will address its obligations under the Convention. New Zealand submitted its first NIP in 2006, followed by an Addendum in 2014 and the release of a second National Implementation Plan (NIP2) in 2018. 1.2.1 National Implementation Plan 2006 (NIP1) NIP1 is available on either the Convention or MfE websites. NIP1 outlined how New Zealand implemented measures to meet Convention obligations on the initial 12 chemicals listed under the Convention in 2001 and which entered into force in New Zealand in 2004 (see tables 2–4 for the relevant Convention annexes for these listed chemicals). 1.2.2 National Implementation Plan Addendum 2014 (NIP Addendum) New Zealand submitted an Addendum to NIP1 concerning the 2011 listing of technical endosulfan and its related isomers. The Addendum is available on the Convention website. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 11 1.2.3 National Implementation Plan 2018 (NIP2) NIP2 outlines New Zealand's implementation measures in relation to the chemicals added to the Stockholm Convention since New Zealand completed its NIP1. 1.2.4 National Implementation Plan 2022 (NIP3) NIP3 outlines New Zealand's implementation measures in relation to the chemicals listed to the Stockholm Convention since New Zealand submitted its NIP2. NIP3 also reports on New Zealand’s achievements in phasing out the 12 initial POPs and additions from NIP2. Developing National Implementation Plan 3 NIP3 was developed by a working group led by MfE, with participation from the Environmental Protection Authority, Ministry for Primary Industries, Ministry of Health, and Ministry of Foreign Affairs and Trade. Context for this plan Previous implementation plans outlined New Zealand’s historical importation, manufacture and use of POP chemicals. It presented New Zealand’s efforts in: • eliminating releases from intentional production and use of POPs • reducing and eliminating releases from unintentional production of POPs • reducing and eliminating stockpiles, and waste management • research, development and monitoring the effects of POPs on New Zealanders and the environment. New Zealand had banned all original POPs by the time it signed the Convention. By 2006, New Zealand already had laws and regulations in place to tightly control the import, export, manufacture and use of POPs and the disposal of POP hazardous waste, including its collection, handling and transport. All the controls on listings added since 2004 are in force. However, in 2010 New Zealand lodged a notice of non-acceptance for nine POPs added to the Convention in 2009, due to an issue with residual ‘articles in use’ for some of those POPs. New Zealand filed another notice of non-acceptance in 2014 for hexabromocyclododecane (HBCD), which was added to the Convention in 2013. New Zealand withdrew the two notices of non-acceptance in December 2016. The 2015 listings of hexachlorobutadiene (HCBD), pentachlorophenol (PCP) and polychlorinated naphthalenes (PCNs) in the Convention entered into force for New Zealand in December 2016 and were added in NIP2. The controls on POPs added to the Convention in 2017 came into force in New Zealand on 18 December 2018 and are also included in NIP2. In 2019, the Conference of the Parties agreed to list dicofol and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex A of the Convention (Elimination). Parties also amended and removed certain acceptable purposes and specific exemptions for perfluorooctane sulfonic acid (PFOS), its salts, and perfluorooctane sulfonyl fluoride (PFOSF), that are listed in Annex B (Restriction). An updated NIP (NIP3) must therefore be submitted to the Secretariat of the Stockholm Convention (Convention Secretariat) within two years of the new listings coming into effect for New Zealand and will be submitted by 03 December 2022. 12 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Goal NIP3’s goal is to protect human health and the environment from POPs, by implementing the Convention. Objectives New Zealand’s objectives for NIP3 are to: • communicate the actions taken to implement the Convention • assess progress taken to date to eliminate and reduce the use of POPs in New Zealand • identify actions needed to eliminate and reduce the use of ‘new POPs’ • update and continue to implement New Zealand’s action plan for dioxins and other unintentionally produced POPs • dispose of POP stockpiles and manage sites contaminated by POPs • comply with the Convention. Outcomes New Zealand’s anticipated outcomes for NIP3 are to: • continue to protect human health from POPs as body burdens decline, as shown from previous biomonitoring studies • continue to safeguard the present high quality of New Zealand primary products (especially meat and dairy foods) • manage the effects of POPs on New Zealand’s environment and continue to protect New Zealand’s environment from POPs • fully comply with the Convention. 1.3 Persistent organic pollutants listed under the Stockholm Convention The Convention requires parties to apply control measures on the POPs listed. Tables 2–4 outline the chemicals listed under the Convention, when they were listed under the Convention, and when New Zealand implemented the measures. Listed chemicals are divided into three groups (annexes) according to how each is produced and the level of restriction required. Annex A of the Convention contains a list of POPs to be eliminated (table 2). Convention parties have an obligation to eliminate production and use as well as imports and exports of these chemicals, except for when a country has registered for a specific exemption when accepting the listing. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 13 Table 2: Chemicals listed in Annex A of the Convention – to be eliminated Year listed under Date entered into Chemical Stockholm force for New Zealand Aldrin 2001 2004 Chlordane 2001 2004 Dieldrin 2001 2004 Endrin 2001 2004 Heptachlor 2001 2004 Hexachlorobenzene (HCB) 2001 2004 Mirex 2001 2004 Polychlorinated biphenyls (PCBs) 2001 2004 Toxaphene 2001 2004 Alpha hexachlorocyclohexane (alpha-HCH) 2009 2016 Beta hexachlorocyclohexane (beta-HCH) 2009 2016 Chlordecone 2009 2016 Hexabromobiphenyl 2009 2016 Hexabromodiphenyl ether (hexaBDE) and 2009 2016 heptabromdiphenyl ether (heptaBDE) Lindane 2009 2016 Pentachlorobenzene (PeCB) 2009 2016 Tetrabromodiphenyl ether (tetraBDE) and 2009 2016 pentabromodiphenyl ether (pentaBDE) Technical endosulfan and its related isomers 2011 2012 Hexabromocyclododecane (HBCD) 2013 2016 Hexachlorobutadiene (HCBD) 2015 2016 Pentachlorophenol (PCP) and its salts and esters 2015 2016 Polychlorinated naphthalenes (PCNs) 2015 2016 Decabromodiphenyl ether (decaBDE) (commercial mixture, 2017 2018 c-decaBDE) Short-chain chlorinated paraffins (SCCPs) 2017 2018 Dicofol 2019 2020 Perfluorooctanoic acid (PFOA), its salts and PFOA-related 2019 2020 compounds Annex B of the Convention lists POPs to be restricted to uses contained in the annex (table 3). Table 3: Chemicals listed in Annex B of the Convention – restricted use Year listed under Date entered into Chemical Stockholm force for New Zealand 1,1,1-trichloro-2, 2-bis (4-chlorophenyl) ethane (DDT) 2001 2004 Perfluorooctane sulfonic acid (PFOS), its salts and 2009 2016 perfluorooctane sulfonyl fluoride (PFOS-F) 14 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Annex C of the Convention lists POPs produced and released as unintentional by-products of specific processes (table 4). The obligation is to take measures to avoid the unintentional production and release of the listed POPs. Table 4: Chemicals listed in Annex C of the Convention – avoid unintentional production and release Year listed under Date entered into Chemical Stockholm force for New Zealand Hexachlorobenzene (HCB) 2001 2004 Polychlorinated biphenyls (PCBs) 2001 2004 Polychlorinated dibenzo-p-dioxins (PCDDs) 2001 2004 Polychlorinated dibenzofurans (PCDFs) 2001 2004 Pentachlorobenzene (PeCB) 2009 2016 Polychlorinated naphthalenes (PCNs) 2015 2016 Hexachlorobutadiene (HCBD) 2017 2018 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 15 Chapter 2: Overview of New Zealand and its regulatory framework to implement the Stockholm Convention This chapter provides an overview of New Zealand and its historical use of persistent organic pollutants (POPs). It outlines the regulatory framework to control POPs in New Zealand in the broader context of hazardous substances management. 2.1 Country profile and history of use in New Zealand New Zealand’s low population density, strong agricultural and natural resource-based economy means implementing the Stockholm Convention on Persistent Organic Pollutants (the Convention) presents different challenges and opportunities, compared with other countries Historically, the predominant use of POPs in New Zealand has been as pesticides. In most cases, limited amounts of industrial POPs were manufactured in New Zealand and, where this occurred, it was much smaller in scale compared with elsewhere in the world. Most POPs were imported, often as part of consumer products. In recent times, the predominant use has shifted towards manufactured articles (eg, flame retardants) and products like fire-fighting foams. New Zealand’s pesticide use had already substantially ceased before the Stockholm Convention commenced in 2004. This means New Zealand faces challenges in the ongoing implementation of the Convention and protecting the environment and human health from POPs. Generally, POPs still present in New Zealand are as a result of in 'articles in use' for example, flame retardants in electrical equipment, and there is a growing challenge in the management of POPs in products used and consumed here. Historical use of the 12 initial POPS is presented in New Zealand’s 2006 National Implementation Plan (NIP1). New Zealand’s use of POP pesticides from the mid-1940s to the 1960s was mainly in agriculture, horticulture and timber treatment. Smaller amounts were also used in public parks and by home gardeners. Only few instances of POPs being produced in New Zealand have been reported. Of note is the Dow AgroSciences site in New Plymouth (formerly Ivon Watkins Dow) which manufactured the herbicide 2,4,5-T from 1962 to 1988, and the key raw material trichlorophenol (TCP) from 1969 to 1987. A particular dioxin called 2,3,7,8-TCDD is a known contaminant of these products, although this dioxin also occurs from other sources. The manufacture of dioxin and the impact on human health has been investigated in 11 successive studies by agencies such as the Ministry of Health, the Royal Society of New Zealand and the Ministry for the Environment between 1972 and 1989. Find out more on PCE’s website. Another example of historical production of POPs as active ingredients is the Fruitgrowers Chemical Company in Māpua, where POP’s such as the organochloride insecticides DDT, dieldrin and aldrin were produced until the site closed in 1988 after 56 years of manufacturing. After the closure of this factory, responsibility for the clean-up was taken on jointly by the Tasman District Council and the Ministry for the Environment but was later taken on as the sole responsibility of MfE in 2004. For more information read Cleaning up Mapua: The story of the Fruitgrowers’ Chemical Company site. 16 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants The use of some well-known initial POPs, such as 1,1,1-trichloro-2, 2-bis (4-chlorophenyl) ethane (DDT), chlordane and dieldrin, ceased from the mid-1970s to late 1980s. Under the Hazardous Substances and New Organisms (HSNO) Act 1996, all polychlorinated biphenyls (PCBs) were required to be withdrawn from use and destroyed no later than 2016. It is likely small amounts remain, particularly on rural properties where the owners may not realise they have PCBs stored. Some POPs listed under the Convention since 2001 have never been manufactured (end- use formulation) or used in New Zealand. Others, such as lindane, bromodiphenyl ethers (BDEs), hexabromocyclododecane (HBCD) and pentachlorophenol (PCP), have been prevalent, predominately through imported products rather than manufacture. Use of perfluorooctane sulfonic acid (PFOS) firefighting foams was banned in 2006. The Government investigated cases of non-compliant use of PFOS firefighting foams and legacy contamination and found no intentional non-compliance, but the investigation under the lead of the EPA found supplies of PFOS across New Zealand. The EPA sought to ensure that any non-compliant foam was removed and disposed of safely. It also required that any places or equipment in contact with the foam were decontaminated, and that clean-up materials were appropriately disposed of. Where PFOS-contaminated foam was unable to be replaced immediately (eg, for public safety in the event of an air crash), the EPA allowed organisations to store it (in compliance with applicable EPA hazardous substances requirements) until a replacement could be found. Read the Findings of the EPA national investigation into firefighting foams containing PFOS report. This historical import, manufacture and use of POP chemicals has impacted New Zealand’s environment and people. 2.2 Domestic policy and regulatory controls

Article 3 of the Convention requires parties to establish the legal and administrative framework for eliminating the intentional production and use of POPs. This section updates New Zealand’s policy and regulatory framework relating to the Convention’s implementation. 2.2.1 Policy framework across government The Convention and management of POPs require cross-government coordination. Each relevant agency’s main functions, and their contribution to the Convention’s implementation, are summarised below. Ministry for the Environment The Ministry for the Environment (MfE) leads New Zealand’s participation in the Convention. Its role is to advise the New Zealand Government on environmental issues. MfE is responsible for environmental legislation relevant to POPs, in particular the Resource Management Act 1991 (RMA), HSNO Act 1996 and Waste Minimisation Act 2008 (WMA). MfE also monitors the performance of the Environmental Protection Authority (EPA) on behalf of the Minister for the Environment. As such, MfE is responsible for coordinating the implementation of the Convention across government and leads participation in the Convention’s Conference of the Parties. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 17 New Zealand Customs Service The New Zealand Customs Service (Customs) is the border enforcement agency. Where practicable it monitors the cross-border movement of goods for compliance with relevant legislative requirements. Importers and exporters are required to lodge electronic entries with Customs for goods imported into and exported from New Zealand. Such entries are lodged in accordance with global Customs rules and are classified in accordance with the harmonised Customs’ nomenclature system. In practice, shipments identified by their classification as being covered by an import or export restriction are held by Customs until the importer or exporter produces the required approval from the government agency administering the legislation. If approval is not given, the goods, as unlawful imports/exports, are forfeit and may be seized by Customs. Environmental Protection Authority EPA (previously the Environmental Risk Management Authority) has regulatory responsibilities for contributing to the efficient, effective and transparent management of New Zealand’s environment and natural and physical resources. It also has the function of enabling New Zealand to meet its international obligations. In relation to the Convention’s implementation, EPA is responsible for regulating hazardous substances (including POPs) under the HSNO Act 1996. This includes pesticides, industrial chemicals, household chemicals, cosmetics, and other dangerous goods. EPA is responsible for approving new hazardous substances for use in New Zealand and implementing rules to manage any risks to people and the environment associated with the use of hazardous substances. EPA is also responsible for regulating and enforcing any domestic bans on POPs listed under the HSNO Act 1996. Regulation of storage, handling and disposal is done through the Hazardous Substances (Disposal) notice 2017 . This Notice is currently being revised and an updated version will be published in 2023. Under the HSNO Act, the EPA issued the Fire Fighting Chemicals Group Standard 2021. This implements the phase out of fire-fighting foam products containing PFOA, it salts and PFOA- related compounds in accordance with the specific exemption in the listing of that POP in Annex A of the Convention. Under the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 (I&E Order 2004), EPA is authorised to grant permits for exportation of POPs and hazardous waste (including POP wastes) in accordance with New Zealand’s obligations under the Convention and other international agreements. Ministry of Health The Ministry of Health (MOH) is responsible for advising on health policy, including environmental health, health protection criteria for POPs in drinking water and the impact on public health from exposure to POPs. MOH periodically commissions biomonitoring studies of the concentrations of POPs in the New Zealand population (see chapter 7). Taumata Arowai Taumata Arowai was formed in 2021 and has the regulatory responsibility for drinking water in New Zealand, with the introduction of the Water Services Act 2021. This new agency is 18 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants responsible for protecting people and communities from serious risk to their health due to the quality or quantity of drinking water being supplied and support the water services sector to improve its performance and environmental outcomes. This also includes monitoring for several POPs in drinking water supply. Ministry of Foreign Affairs and Trade The Ministry of Foreign Affairs and Trade (MFAT) advises on New Zealand’s international involvement on POP issues. It coordinates the New Zealand Government’s financial support to the Convention (via the Global Environment Facility). Ministry for Primary Industries The Ministry for Primary Industries (MPI) is responsible for issues relating to POPs in foods, particularly dioxins. Agricultural compound-based POPs used in historic products need to comply with the Food Act 2014 and its regulations relating to maximum residue levels for agricultural compounds. In addition, the Animal Products Act 1999 sets requirements including limits for agricultural compounds and contaminants in animal produce for export and an associated monitoring and surveillance programme. MPI works closely with Food Standards Australia New Zealand to protect consumers from any risk posed by POPs not used as agricultural compounds in food by making sure appropriate food standards are included in the joint Australia New Zealand Food Standards Code. MPI is also responsible for policy and regulation of agricultural compounds and veterinary medicines (ACVMs), including their import, manufacture, and sale. This includes prohibiting the use of POPs as agricultural compounds via regulations. MPI periodically releases studies relating to New Zealand's primary industry and POPs (see chapter 7). Ministry of Business, Innovation and Employment The Ministry of Business, Innovation and Employment (MBIE) is responsible for policy relating to workplace safety, including administration of the Health and Safety at Work Act 2015 (HSWA). MBIE also has policy oversight of the Imports and Exports (Restrictions) Act 1988 (although MfE has oversight of the I&E Order 2004). WorkSafe New Zealand WorkSafe is New Zealand’s primary workplace health and safety regulator. WorkSafe is responsible for the use, storage and handling of hazardous substances in workplaces, which can include POPs. 2.2.2 Regulatory framework New Zealand has a largely decentralised system of environmental governance. Many regulatory and compliance functions are undertaken by local government within a policy framework set nationally by central government. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 19 Hazardous Substances and New Organisms Act 1996 The HSNO Act 1996 is the primary legislation that implements New Zealand’s principal obligations under the Convention. The Act’s purpose is to protect the environment and health and safety of people and communities by preventing or managing the adverse effects of hazardous substances and new organisms. The passing of the HSNO Act in June 1996 represented one of the most significant reforms of environmental legislation since the RMA in 1991.

Schedule 1AA under the HSNO Act contains the verbatim of the Convention and its annexes. When the Convention is amended, this schedule also needs to be updated. Prohibitions on the import, manufacture, use and storage of POPs are in listed in sections 25A and 25B of this Act and the exceptions are provided for by sections 29B and 30. Schedule 2A of the HSNO Act 1996 lists all POPs added to the Convention between 2001 and 2020. Schedule 2A will be updated as New Zealand implements future amendments to the Convention.

Schedule 2A-listed POPs, including wastes and unused stocks of POPs, are subject to rules relating to collection, storage and disposal, as specified in the Hazardous Substances (Storage and Disposal of POPs) Notice 2004, which is administered by EPA. EPA is the decision-making body for hazardous substances (including POPs) under the HSNO Act. Several agencies undertake enforcement, depending on where the hazardous substance is being used. EPA has an explicit enforcement role in respect of POPs. HSNO Act enforcement agencies include EPA, WorkSafe, MOH, New Zealand Transport Agency, New Zealand Police, Civil Aviation Authority of New Zealand, Maritime New Zealand, regional government and territorial authorities. A report from the Parliamentary Commissioner for the Environment in 2022, Knowing what's out there: Regulating the environmental fate of chemicals, made recommendations to MfE and EPA to improve and strengthen the hazardous substances compliance system, to better manage chemicals (including POPs) in New Zealand. MfE and the EPA have initiated a joint work programme to implement those recommendations. Food Act 2014 The purpose of the Food Act 2014 is to achieve safety and suitability of food for sale and provide confidence in New Zealand’s food safety regime. The Food Act sets out maximum residue limits of agricultural compounds. All foods sold in New Zealand or intended for export must comply with this notice. It ‘captures’ the presence of POPs in food only at the end of production. Animal Products Act 1999 The objective of the Animal Products Act 1999 is to minimise and manage risks to human or animal health arising from the production and processing of animal material and products by instituting measures that ensure, as far as is practicable, that all traded animal products are fit for their intended purpose. It also is to facilitate the entry of animal material and products into overseas markets by providing the controls and mechanisms needed to give and to safeguard official assurances for entry into those markets. The Animal Products Act sets out a contaminant monitoring and surveillance plan and specifies sampling requirements for monitoring regimes of animal material. 20 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Resource Management Act 1991 The RMA is New Zealand’s primary legislation that outlines how the environment should be managed. The Act provides an overarching guide for environmental management, with national direction on significant issues, including the Resource Management (National Environmental Standards for Air Quality) Regulations 2004 and Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, which are important mechanisms in New Zealand’s implementation of the Convention. In February 2021, the Government announced it would repeal the RMA and enact new legislation based on the recommendations of an expert review panel. The three proposed Acts are the: • Natural and Built Environments Act (NBA), as the main replacement for the RMA, to protect and restore the environment while better enabling development • Spatial Planning Act (SPA), requiring the development of long-term regional spatial strategies (RSSs) to help coordinate and integrate decisions made under relevant legislation • Climate Adaptation Act (CAA), to address complex issues associated with managed retreat. Find out more about the resource management reform on our website. The Resource Management (National Environmental Standards for Air Quality) Regulations 2004 set seven standards banning activities that discharge significant quantities of dioxins and other toxins into the air. This includes banning the burning of insulated copper wire, oil or tyres in the open, burning road seal, and high-temperature incineration of hazardous wastes. Changes to the RMA relating to hazardous substances The RMA was amended in 2017 to remove the control of hazardous substances as an explicit function of councils under sections 30 and 31 of this Act. This means councils no longer have an explicit obligation to regulate hazardous substances in RMA plans, policy statements or resource consents. The changes, however, still allow councils to set planning controls or conditions on resource consents in relation to hazardous substances. Councils still have a responsibility to achieve integrated management of the natural and physical resources of the region or district. This includes safeguarding the life-supporting capacity of air, water, soil and ecosystems and avoiding, remedying or mitigating any adverse effects of activities on the environment. Councils can use this function to place additional controls on hazardous substance use or any discharge of hazardous substances to the environment under the RMA. Councils do this if existing HSNO Act or HSWA regulations are not adequate to address specific environmental effects of hazardous substances in any particular case (including managing the risk of potential effects on the local environment). The areas not specifically addressed by the HSNO Act and HSWA are, in general, location or area-specific issues, such as sensitive environments, or unique ecological areas or issues, such as discharge to air of hazardous waste by-products (ie, dioxins). The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 set planning controls and soil contaminant values. The regulations ensure that land affected by contaminants (including POPs) in the soil is appropriately identified and assessed before it is developed and, if necessary, that the land is remediated or the contaminants contained to make the land safe New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 21 for human use. More information about the contaminated land regulatory framework is given in chapter 6. Health and Safety at Work Act 2015 The Health and Safety at Work Act 2015 is New Zealand’s workplace health and safety law. It came into effect on 4 April 2016. The Act governs how hazardous substances are used in the workplace, which can include controls relevant to POPs and their handling by workers. Working Safer reforms The system for managing hazardous substances in workplaces changed in December 2017, following the passage of the HSWA. The reforms resulted in changes to the management of hazardous substances in the workplace, which is now covered by both the HSWA administered by WorkSafe and the HSNO Act 1996 administered by EPA. WorkSafe has taken over the setting of rules for use of hazardous substances in the workplace. This includes controls such as handling, signage, storage and tracking of hazardous substances. These rules have been moved to the Health and Safety at Work Act (Hazardous Substances) Regulations 2017 and are overseen by WorkSafe. Since December 2017, EPA became the main enforcement agency for checking whether chemicals are approved and for setting environmental controls (including rules relating to disposal of POPs). WorkSafe is still the primary enforcement agency of HSNO rules for disposal and environmental protection in workplaces. Agricultural Compounds and Veterinary Medicines Act 1997 The ACVM Act’s purpose is to prevent or manage risks associated with the use of agricultural compounds. The Act ensures the provision of sufficient consumer information about agricultural compounds, and that their use does not result in breaches of domestic food residue standards. Many products under the ACVM Act have hazardous substance components. As such, an approval under the HSNO Act 1996 is required first before an approval can be given under the ACVM Act. This means no products approved under the ACVM Act should contain POPs, because a HSNO approval will not be given to a POP or POP-containing product (except in limited circumstances). In addition, the ACVM (Exemptions and Prohibited Substances) Regulations 2011 prohibit the use of POPs as agricultural compounds. Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 New Zealand is party to several multilateral agreements relating to the management, import and export of certain chemicals and hazardous waste, such as the Basel, Rotterdam and Stockholm conventions (see below). The Imports and Exports (Restrictions Prohibition Order (No 2) 2004 controls the export of the POPs covered by the Stockholm Convention (Schedule 1). The Schedule includes all of the Stockholm Convention POPs up to and including 2019. The I&E Order 2004 legislates restrictions on the export of goods covered by the Rotterdam, Stockholm and Basel Conventions. It requires that a permit issued by the EPA is in place prior to the export. It also prescribes that EPA must issue such a permit providing the legislated conditions are met. 22 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Waste Minimisation Act 2008 MfE administers the Waste Minimisation Act 2008. This Act encourages a reduction in the amount of waste generated and disposed of in New Zealand. It aims to protect the environment from harm and provide environmental, social, economic and cultural benefits. MfE is proposing new and more comprehensive legislation on waste to replace the Waste Minimisation Act 2008 to create the tools to deliver the waste strategy and ensure MfE uses funds generated by the expanded waste disposal levy efficiently. The update also aims to reset the purpose, governance arrangements, and roles and responsibilities in legislation and strengthen and clarify regulatory and enforcement powers. MfE aims to present a final waste strategy to Cabinet later this year and release it by early 2023. More specific actions will be set out in action and investment plans every three years. Find out more about waste legislation and strategy under development on our website. In July 2020, the Government announced six products to be declared ‘priority products’ for the establishment of regulated product stewardship schemes under the Waste Minimisation Act 2008 (WMA). The products are: • plastic packaging • tyres • electrical and electronic products (e-waste including large batteries) • agrichemicals and their containers • refrigerants • farm plastics. MfE is working with stakeholders to co-design product stewardship schemes for each priority product group. We will consult on any regulations under the WMA that may be required to implement those schemes. Under the WMA, the Minister for the Environment can also grant accreditation to recognised product stewardship schemes. One initiative is the Agrecovery rural recycling programme to manage hazardous chemicals in rural New Zealand. Agrecovery has been funded to enable POPs and other hazardous substances to be collected and disposed of safely (see more in chapter 6). Local Government Act 2002 The Local Government Act 2002 empowers councils to promote the well-being of communities. The purpose of local government is to: • enable democratic local decision-making and action by, and on behalf of, communities • promote the social, economic, environmental and cultural well-being of communities in the present and for the future. Local authorities have regulatory responsibilities under the HSNO Act, RMA, WSA and WMA. Water Services Act 2021 The Water Services Act 2021 establishes drinking water standards and regulates all persons and organisations that supply drinking water. The Act commenced on 15 November 2021 but will fully come into force over the next seven years. It is administered by Taumata Arowai which is required to undertake engagement and New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 23 consultation on significant regulations under the Act, including on the water standards themselves. Read more about the legislation regarding Taumata Arowai on their website. In early 2022, Taumata Arowai released draft water standards and rules. The new rules provide the minimum requirements drinking water suppliers must comply with to demonstrate they are supplying safe drinking water. The new drinking water standards will set maximum acceptable values for contaminants in drinking water. These proposed values won’t be allowed to be exceeded at any time and apply to all suppliers regardless of how many people they supply. See the Water Services (Drinking Water Standards for New Zealand) Regulations 2022. Wider multilateral agreements New Zealand also implements other international conventions relevant to POPs. These are discussed below. Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal (Basel Convention) New Zealand ratified the Basel Convention in December 1994. The Imports and Exports (Restrictions) Prohibition Order (No 2) 2004, established under the Imports and Exports (Restrictions) Act 1988, allows imports and exports of hazardous wastes only when permitted in circumstances that comply with the Basel Convention. Improper treatment or disposal of a waste consisting of, containing or contaminated with POPs can lead to releases of POPs. Some disposal technologies can also lead to the unintentional formation and release of POPs. Therefore, wastes consisting of, containing or contaminated with POPs are listed as wastes in Annexes I and VIII of the Basel Convention. See the Updated general technical guidelines for the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants (POPs). Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention) New Zealand ratified the Rotterdam Convention in 2003. The Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 controls the export of chemicals listed under the Rotterdam Convention. New Zealand’s decisions on the import of hazardous substances, including Rotterdam chemicals, are made under the HSNO Act. 2.2.3 Non-regulatory initiatives In addition to a comprehensive regulatory framework, New Zealand has developed non-regulatory initiatives that have contributed to the implementation of the Stockholm Convention. These include the Contaminated Sites Remediation Fund, Waste Minimisation Fund and product stewardship initiatives (see more in chapter 6). 24 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Chapter 3: Initial Annex A and Annex B persistent organic pollutants This chapter summarises the measures in annexes A and B of the Stockholm Convention on Persistent Organic Pollutants (the Convention) for persistent organic pollutants (POPs) since the NIP2 was published. It also provides an update on New Zealand’s efforts to eliminate polychlorinated biphenyls (PCBs) and legacy pesticides, such as 1,1,1-trichloro-2, 2-bis (4- chlorophenyl) ethane (DDT), since the 2006 National Implementation Plan (NIP1). 3.1 Convention obligations Article 3 of the Convention requires that parties eliminate releases from the intentional production and use of POPs. When New Zealand ratified the Convention in 2004, 12 initial POPs were listed. Full details of New Zealand’s approach to these POPs are found in NIP1. 3.2 Initial persistent organic pollutants For reference, table 5 shows the measures New Zealand needs to comply with for the initial POPs listed in annexes A and B. Table 5: Initial persistent organic pollutants and their historical use in New Zealand Annex A chemicals Measure Year Description Aldrin Restriction in accordance with Annex A 2004 Introduced in New Zealand in Prohibition on production 2004 1954 as stock remedy in sheep sprays or dips for controlling Prohibition on all uses 2004 sheep ectoparasites. Used to Prohibition on import 2004 control horticultural pests and in Prohibition on export 2004 limited quantities to control household spiders. Chlordane Restriction in accordance with Annex A 2004 A broad-spectrum agricultural Prohibition on production 2004 insecticide. Also used in the timber industry as a treatment Prohibition on all uses 2004 against termites and borer, and Prohibition on import 2004 as an insecticide in glues used for Prohibition on export 2004 the manufacture of plywood, finger jointed and laminated timber. Dieldrin Restriction in accordance with Annex A 2004 Introduced in New Zealand in Prohibition on production 2004 1954 as stock remedy in sheep sprays or dips for controlling Prohibition on all uses 2004 sheep ectoparasites. Used to Prohibition on import 2004 control agricultural pests and Prohibition on export 2004 used for timber preservation (mostly in plywood glues) and to mothproof carpets. Endrin Restriction in accordance with Annex A 2004 Only small amounts were ever Prohibition on production 2004 used in New Zealand. Prohibition on all uses 2004 Prohibition on import 2004 Prohibition on export 2004 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 25 Annex A chemicals Measure Year Description Heptachlor Restriction in accordance with Annex A 2004 Only small amounts were ever Prohibition on production 2004 used in New Zealand. Prohibition on all uses 2004 Prohibition on import 2004 Prohibition on export 2004 Hexachlorobenzene Restriction in accordance with Annex A 2004 Used experimentally between (HCB) Prohibition on production 2004 1970 and 1972 as a seed-dressing fungicide for cereal grain. Prohibition on all uses 2004 Prohibition on import 2004 Prohibition on export 2004 Mirex Restriction in accordance with Annex A 2004 Only limited quantities were used Prohibition on production 2004 for control of public health pests. Prohibition on all uses 2004 Prohibition on import 2004 Prohibition on export 2004 Polychlorinated Restriction in accordance with Annex A 2004 Manufactured from 1930 to late biphenyls (PCBs) Prohibition on production 2004 1970s. Used widely in industry throughout the world. Imported Prohibition on all uses 2016 and used (but not manufactured) Prohibition on import 2004 in New Zealand. Uses were many Prohibition on export 2004 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. Toxaphene Restriction in accordance with Annex A 2004 Only small amounts were ever Prohibition on production 2004 used in New Zealand. Prohibition on all uses 2004 Prohibition on import 2004 Prohibition on export 2004 Annex B chemicals Measure Year 1,1,1-trichloro-2, 2- Restriction in accordance with Annex B 2004 Used mainly as a pasture bis (4-chlorophenyl) Prohibition on production 2004 insecticide to control grass grub ethane (DDT) (Costelytra zealandica) and Prohibition on all uses 2004 porina (Wiseana sp.) caterpillars. Prohibition on import 2004 It was frequently mixed with Prohibition on export 2004 fertiliser or lime and applied to agriculture pastures, as well as to lawns, market gardens and parks. 26 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 3.3 Progress since previous National Implementation Plans New Zealand has not produced chemicals listed in annexes A or B since their phase out in the late 1980s. See chapter 6 for information about the waste management of POPs. 3.3.1 Phasing out polychlorinated biphenyls New Zealand’s PCB inventory and disposal programme pre-dates the Convention (refer to New Zealand’s NIP1). All uses of PCBs were initially banned under the Toxic Substances Act 1979, with some registered exemptions, until this Act was repealed. The Hazardous Substances and New Organisms (HSNO) Act 1996, which followed, banned the importation, manufacture, use and storage of PCBs in New Zealand while allowing for the continuation of exemptions to facilitate a programmed phase-out. All PCBs in New Zealand had to be withdrawn from use and destroyed no later than 31 December 2016. Before that date, management and disposal of PCBs were covered by the Hazardous Substances (Storage and Disposal of Polychlorinated Biphenyls) Notice 2007 (PCBs Notice). The New Zealand PCB phase-out is now complete, ahead of the Convention’s deadline of 2025. Between 2010 and 2016, almost NZ$2 million was allocated by the Ministry for the Environment (MfE) the Waste Minimisation Fund for the collection and environmentally sound disposal of PCBs, and 174.188 tonnes of PCBs were disposed of (table 6). New Zealand’s national reports (available on the Convention website) include four-yearly reporting on PCBs. (New Zealand’s most recent report was submitted in September 2020). Table 6: Polychlorinated biphenyls waste disposal (in tonnes) Year Total quantity of disposal (t) 2010 109.400 2012 12.556 2014 48.664 2016 3.568 It is possible that small amounts of PCBs (as with other POPs) will continue to be found. PCBs must now be managed similarly to other POPs, and a framework is in place to manage their storage and disposal. The Hazardous Substances (Disposal) Notice 2017 sets requirements for: • the storage of PCBs • notification by collectors of PCBs to the Environmental Protection Authority (EPA) • specific controls to be met in relation to packaging, emergency management, and identification duties of collectors. A practical guide is available for anyone involved in the handling, storage, transport and disposal of PCBs. New Zealand has taken seriously its efforts to reduce the levels of PCBs. In addition to facilitating the collection and disposal of PCBs, prosecution mechanisms have also been used, when necessary. For example, in July 2014, a company was fined NZ$10,000 for storing 36 tonnes of PCBs and failing to provide a management plan to EPA that adequately provided for the PCB’s ultimate disposal, as required by a compliance notice served in 2013. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 27 Because New Zealand has no suitable facilities for the destruction of PCBs and PCB-containing equipment, such material must be sent to an approved overseas facility for destruction. This requires a permit from EPA for the export of hazardous waste, in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. See www.epa.govt.nz/industry-areas/hazardous-substances/rules-for-hazardous- substances/polychlorinated-biphenyls-pcbs for more information. 3.3.2 ‘DDT Muster’ NIP1 refers to a range of recovery programmes of POPs. In 2014, MfE funded the ‘Identification, Collection and Offshore Disposal of POPs and Unknown Agrichemicals’ project, commonly known as the ‘DDT Muster’. The project was initiated because of a concern that at least 5 tonnes of DDT along with other legacy POP pesticides remained on rural properties because people were unsure of how to dispose of them. The muster provided the opportunity for individuals and businesses still holding any amount of DDT and other legacy POP pesticides on their property to make a confidential booking for them to be collected and sent off-shore for disposal. Table 7 shows the volumes of DDT and other legacy POP pesticides transported overseas for destruction from 2013 to 2019. Table 7: Volume of legacy persistent organic pollutant pesticides exported for destruction (kilograms per year) Year Total quantity of disposal (kg) 2013 8,337 2014 8,128 2015 15,876 2016 17,418 2017 17,766 MfE funding for the DDT Muster is now concluded. 28 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Chapter 4: New Annex A and Annex B persistent organic pollutants This chapter addresses the new chemicals added to annexes A and B of the Stockholm Convention on Persistent Organic Pollutants (the Convention) since 2009. 4.1 Convention obligations Article 3 of the Convention requires that parties eliminate releases from the intentional production and use of persistent organic pollutants (POPs). Since the first National Implementation Plan (NIP1), 16 chemicals have been added to the Convention by the Conference of the Parties. 4.2 New persistent organic pollutants Table 8 shows the measures New Zealand needs to comply with for the POPs added to annexes A and B of the Convention since NIP1. These POPs were used in New Zealand as pesticides and/or industrial chemicals. Table 8: Persistent organic pollutants listed 2009–19, and New Zealand’s implementation measures Annex A chemicals Measure Year Exemption/articles in use Alpha hexachlorocyclohexane Restriction in accordance with Annex A 2016 N/A (alpha-HCH) Prohibition on production 2011 Prohibition on all uses 2011 Prohibition on import 2011 Prohibition on export 2011 Beta hexachlorocyclohexane Restriction in accordance with Annex A 2016 N/A (beta-HCH) Prohibition on production 2011 Prohibition on all uses 2011 Prohibition on import 2011 Prohibition on export 2011 Chlordecone Restriction in accordance with Annex A 2016 N/A Prohibition on production 2011 Prohibition on all uses 2011 Prohibition on import 2011 Prohibition on export 2011 Decabromodiphenyl ether Restriction in accordance with Annex A 2018 Specific exemptions for: (commercial mixture, Prohibition on production 2018 • parts for use in vehicles, c-decaBDE) Prohibition on all uses 2018 specified in paragraph 2 Prohibition on import 2018 of Part IX of Annex A of the Convention. (Expires Prohibition on export 2018 end of the service life of vehicles or in 2036, whichever comes earlier) • aircraft for which type approval has been New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 29 Annex A chemicals Measure Year Exemption/articles in use applied for before December 2018 and has been received before December 2022 and spare parts for those aircraft (Expires end of the service life of those aircraft). Articles in use notifications for articles where c- decaBDE has been used as an additive in plastics (such as in electrical and electronic equipment, wires, cables and pipes), in textiles (such as in carpets, upholstery, window blinds and curtains, and mattresses) and in adhesives, sealants and coatings – present in New Zealand before 18 December 2018. (No expiry date). Endosulfan Restriction in accordance with Annex A 2011 Prohibition on production 2011 Prohibition on all uses 2011 Prohibition on import 2011 Prohibition on export 2011 Hexabromobiphenyl Restriction in accordance with Annex A 2016 N/A Prohibition on production 2011 Prohibition on all uses 2011 Prohibition on import 2011 Prohibition on export 2011 Hexabromocyclododecane Restriction in accordance with Annex A 2016 Articles in use notification (HBCD) Prohibition on production 2016 for expanded polystyrene Prohibition on all uses 2016 and extruded polystyrene, which were manufactured Prohibition on import 2016 before 1 January 2017. (No Prohibition on export 2016 expiry date). Hexabromodiphenyl ether Restriction in accordance with Annex A 2016 N/A (hexaBDE) and Prohibition on production 2011 heptabromodiphenyl ether Prohibition on all uses 2011 (heptaBDE) (commercial Prohibition on import 2011 octabromodiphenyl ether (c-octaBDE)) Prohibition on export 2011 Hexachlorobutadiene (HCBD) Restriction in accordance with Annex A 2016 Prohibition on production 2016 Prohibition on all uses 2016 Prohibition on import 2016 Prohibition on export 2016 Lindane Restriction in accordance with Annex A 2016 Exemption for human Prohibition on production 2011 health pharmaceutical for 30 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Annex A chemicals Measure Year Exemption/articles in use Prohibition on all uses 2015 control of head lice and Prohibition on import 2011 scabies second-line Prohibition on export 2011 treatment, which ended 25 August 2015. Pentachlorobenzene (PeCB) Restriction in accordance with Annex A 2016 N/A Prohibition on production 2011 Prohibition on all uses 2011 Prohibition on import 2011 Prohibition on export 2011 Pentachlorophenol (PCP) and Restriction in accordance with Annex A 2016 N/A its salts and esters Prohibition on production 2008 Prohibition on all uses 2008 Prohibition on import 2008 Prohibition on export 2016 Polychlorinated naphthalenes Restriction in accordance with Annex A 2016 N/A (PCNs) Prohibition on production 2016 Prohibition on all uses 2016 Prohibition on import 2016 Prohibition on export 2016 Short-chain chlorinated Restriction in accordance with Annex A 2018 Articles in use notification paraffins (SCCPs) Prohibition on production 2018 for articles where SCCPs Prohibition on all uses 2018 have been used as additives in rubber and plastic goods, Prohibition on import 2018 in adhesives and sealants, Prohibition on export 2018 and as water-proofing and flame-retardant agents for textiles – present in New Zealand before 18 December 2018. (No expiry date). Tetrabromodiphenyl ether Restriction in accordance with Annex A 2016 N/A and pentabromodiphenyl Prohibition on production 2011 ether (commercial Prohibition on all uses 2011 pentabromodiphenyl ether) Prohibition on import 2011 Prohibition on export 2011 Dicofol Restriction in accordance with Annex A 2020 N/A Prohibition on production 2020 Prohibition on all uses 2020 Prohibition on import 2020 Prohibition on export 2020 Perfluorooctanoic acid Restriction in accordance with Annex A 2020 New Zealand has adopted (PFOA), its salts and PFOA- Prohibition on production 2020 the specific exemptions for related compounds Prohibition on all uses 2020 PFOA, its salts, and PFOA- Prohibition on import 2020 related compounds for the following: Prohibition on export 2020 • photographic coatings applied to films. (Expires 3 December 2025) • fire-fighting foam for liquid fuel vapour suppression and liquid New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 31 Annex A chemicals Measure Year Exemption/articles in use fuel fires (Class B fires) in installed systems, including both mobile and fixed systems, in accordance with paragraph 2 of Part X of Annex A of the Stockholm Convention. (Expires 3 December 2025) • articles where PFOA, its salts and PFOA-related compounds have been in use, such as in coated textiles, papers, fluoropolymer membranes, or medical devices, in New Zealand on or before 3 December 2020. (No expiry date). Annex B chemicals Measure Year Exemption/articles in use Perfluorooctane sulfonic acid Restriction in accordance with Annex A 2016 N/A (PFOS), its salts and Prohibition on production 2011 perfluorooctane sulfonyl Prohibition on all uses 2011 fluoride (PFOS-F) 1 Prohibition on import 2011 Prohibition on export 2011 4.3 Overview of regulatory controls Section 2.2.1 outlines the regulatory controls that apply to the elimination of POPs. Once the chemicals have been added to Schedule 2A of the HSNO Act 1996, their production, import and use is prohibited in New Zealand. However, the manufacture or import of POPs in containment in small amounts for use as laboratory analytical standards or research and development may be allowed under section 30 of the HSNO Act. Hazardous Substances (Disposal) Notice 2017 applies to all these chemicals. Controls on the export of POPs as chemicals, and the import and export of POP hazardous wastes are set under Schedules 1 and 3 of the I&E Order 2004. 4.4 Eliminating releases from intentional production and use The main information relevant to Article 3 is summarised for each chemical. The information is organised by the year in which the chemical was added to the Convention. 1 This chemical is regulated by the HSNO Act 1996 as perfluorooctane sulfonic acid (PFOS) (CAS No: 1763- 23-1), its salts and any derivatives of the formula C8F17SO2X, where X = halide, amide, esters and other derivatives, including polymers. 32 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 4.4.1 Persistent organic pollutants added to the Convention in 2009 Alpha hexachlorocyclohexane and beta hexachlorocyclohexane The intentional use of alpha hexachlorocyclohexane (alpha-HCH) and beta hexachlorocyclohexane (beta-HCH) as an insecticide was phased out many years ago. These chemicals are produced as an unintentional by-product of lindane. The manufacture of alpha-HCH, beta-HCH and lindane has not occurred in New Zealand (table 9). Table 9: History of use and controls of alpha hexachlorocyclohexane and beta hexachlorocyclohexane Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues Major by-product of Prohibited, as listed in Schedule Registration of hexachloro- n/a lindane manufacture 2A of the HSNO Act in 2011. cyclohexane as agricultural in other countries, compounds or as ingredients but not used in in agricultural compounds New Zealand. has been prohibited since September 2004. Chlordecone Internationally, chlordecone, a synthetic chlorinated organic compound, was used mainly as an agricultural pesticide. It was first produced in 1951 and introduced commercially in 1958. No use or production of chlordecone in New Zealand has been reported (table 10). Trade names for chlordecone include Kepone® and GC-1189. Table 10: History of use and controls of chlordecone Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues No reported use in Prohibited, as listed in Schedule Registration of chlordecone n/a New Zealand. 2A of the HSNO Act in 2011. as agricultural compounds or as ingredients in agricultural compounds is prohibited under the Agricultural Compounds and Veterinary Medicines Act 1997. Hexabromobiphenyl Hexabromobiphenyl belongs to the group of polybrominated biphenyls. This industrial chemical has been used as a flame retardant in synthetic fibres and plastics, mainly in the 1970s. According to available information, hexabromobiphenyl is no longer produced or used in most countries, including New Zealand (table 11). Alternatives are available for all uses. Trade names include FireMaster BP-6 and FireMaster FF-1. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 33 Table 11: History of use and controls of hexabromobiphenyl Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues No significant use in Prohibited, as listed in Schedule n/a n/a New Zealand. 2A of the HSNO Act in 2011. Endosulfan Endosulfan, a synthetic organochlorine compound, was widely used as an agricultural insecticide. It was introduced into the market in the mid-1950s but plant production products containing endosulfan are still used in several countries. There is a large amount of scientific literature available dealing with (eco)toxicity, environmental fate, residues in food and feedstock, and environmental concentrations of endosulfan. In addition several reviews have been published in the recent past. In New Zealand, the use, import and manufacture of endosulfan and products containing endosulfan is controlled by a reassessment decision of the EPA under the Hazardous Substances and New Organisms Act 1996 (HSNO Act). In line with Article 3(4) of the Stockholm Convention, the reassessment prohibited any further use, importation or manufacture of endosulfan and revoked all existing approvals. The Authority’s decision came into effect on 16 January 2009 (28 days after publication of Hazardous Substances (Endosulfan Direction Prohibiting Use and Storage Disposal Control) Notice 2008 (Notice) in the New Zealand Gazette. The Notice imposed controls on the disposal of endosulfan stocks and required total disposal by 16 January 2010. The reassessment decision was entrenched in New Zealand legislation in 2011 through its listing as a persistent organic pollutant under the HSNO Act, and regulations were amended to prohibit the import and export of endosulfan except as permitted in the Stockholm Convention and in compliance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention). Registrations for endosulfan-based products under the Agricultural Compounds and Veterinary Medicines Act 1997 were also revoked in January 2009 and prohibited in 2011. Table 12: History of use and controls of Endosulfan Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues Endosulfan was Prohibited, as listed in Schedule Registration of endosulfan as Residues in some imported into New 2A of the HSNO Act in 2011. an agricultural compound or sites resulting Zealand and used as an ingredient in from historic use. from 1963 to 2009 as agricultural compounds is an insecticide. prohibited under the Agricultural Compounds and Endosulfan has never Veterinary Medicines (ACVM) been manufactured in Act 1997. New Zealand. Four products using emulsifiable concentrate formulations 34 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues containing 350 g/l endosulfan were approved and available in New Zealand in 2009. No endosulfan formulations were marketed for domestic use and aerial application of endosulfan did not take place in New Zealand. Hexabromodiphenyl ether and heptabromodiphenyl ether (commercial octabromodiphenyl ether) Hexabromodiphenyl ether (hexaBDE) and heptabromodiphenyl ether (heptaBDE) are the main components of commercial octabromodiphenyl ether (c-octaBDE). These chemicals belong to the bromodiphenyl ether (BDE) family. Polybromodiphenyl ether congeners (including tetrabromodiphenyl ether (tetraBDE), pentabromodiphenyl ether (pentaBDE), hexaBDE and heptaBDE) inhibit or suppress combustion in organic materials and, therefore, were used as additive flame retardants. The main former use of c‐octaBDE was in acrylonitrile‐butadiene‐styrene thermoplastics, particularly those used for electronic goods, such as computer monitor and television casings, photocopiers, microwave ovens, laptops and printers. It was also used in coatings and lacquers, and in polyurethane foam for auto upholstery. Production of c‐octaBDE stopped in the European Union (EU), United States of America and Pacific Rim in 2004, and no information is available indicating it is being produced in developing countries. New Zealand is likely to have had a lower level of BDEs in imported and exported products than the EU and North America. This is due to the absence of a regulation that required household goods to contain flame retardants in New Zealand (compared with EU countries and the United Kingdom of Great Britain and Northern Ireland, which had this requirement introduced in the late 1980s). The main source of BDEs in New Zealand has come from imports of finished consumer products imported within the past decades (mainly from developing countries), polymer resin used in the manufacture of New Zealand products, and in chemical compound form for production of polymer products for specific applications. Such applications include drapes, furnishings and furniture in hospitals, schools, cinemas and other public places. BDEs were never manufactured in New Zealand. Consumer products that may contain BDEs include electrical and electronic equipment (televisions, stereos, computers, printers, faxes, switches, plugs), household appliances (electrical heaters, hairdryers, hair tongs, dishwashers, fridges, kettles, toasters) and furniture and upholstery (curtains, drapes, car interiors) (table 13). New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 35 Figure 1 lists estimated quantities of BDEs in various sources in the New Zealand environment between 1978 and 2010. Figure 1: New Zealand bromodiphenyl ether profile, 1978–2010 New Zealand BDE Profile (tonnes) 3,500 Being Recycled 3,000 Cumulative landfill total 2,500 Entering Landfill 2,000 In-Use Tonnes ` Exports Total 1,500 Used in NZ 1,000 made products Imported in 500 finished goods - 19 19 19 19 19 19 78 80 82 84 86 88 19 19 19 19 19 20 90 92 94 96 98 00 20 20 20 20 02 04 06 08 Source: Keet et al, 2010 Note: All figures in the graph are annual tonnages, except for the landfill figures, which represent the cumulative tonnages of bromodiphenyl ethers present in landfills. Annual ‘in-use’ tonnages comprise the net amount in any one year made up from (i) the imported goods still in use plus (ii) the products made in New Zealand and still in use in New Zealand (ie, both (i) and (ii) are accumulated over the product lifetimes) minus (iii) any exports and (iv) articles disposed to land. Very few articles containing commercial pentaBDE and octaBDE are recycled in New Zealand (table 13). Table 13: History of use and controls of hexabromodiphenyl ether and heptabromodiphenyl ether Relevant controls under Ongoing Hazardous Substances and New implementation History of use in New Zealand Organisms (HSNO) Act 1996 Other controls issues Not manufactured in New Prohibited, as listed in Schedule n/a Management of Zealand but used in articles 2A of the HSNO Act in 2011. existing articles, and imported and manufactured waste-stream because was present as flame management when retardants in plastics (for they become waste. example, casings of electronic equipment). Lindane Lindane is the common name for the gamma isomer of hexachlorocyclohexane. It has been used as a broad-spectrum insecticide for seed and soil treatment, foliar applications, tree and wood treatment, and against ectoparasites in both veterinary and human applications. Its household use included fly spray, flea control and carpet moth. The Pesticides Act 1979 banned lindane’s use as an agricultural pesticide in 1989. The Agricultural Compounds and Veterinary Medicines (ACVM) Regulations 2001 were amended in 2004 to prohibit lindane as an agricultural compound or ingredient in agricultural compounds. 36 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants The ACVM (Exemptions and Prohibited Substances) Regulations 2011 revoked and replaced the ACVM Regulations 2001. All uses were prohibited when lindane was added to Schedule 2A of the HSNO Act in 2011, except for a specific exemption as a treatment for human head lice and scabies. Pharmaceutical products were formulated in New Zealand with imported lindane active ingredients, but this manufacture ceased before the expiry of the exemption on 25 August 2015 (table 14). Table 14: History of use and controls of lindane Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues Before 1989, used as a Prohibited, as listed in Schedule Registration as Residues in some broad-spectrum insecticide. 2A of the HSNO Act in 2011. The agricultural compounds sites resulting Its use was more generally listing had an exemption for use or ingredients in from historic use. prohibited in New Zealand on human head lice and scabies, agricultural compounds in 2011, but, until 25 August but this expired on 25 August prohibited since 2015, it was used in human 2015. September 2004 under health pharmaceuticals the Agricultural (medicated shampoo under Compounds and prescription) to control Veterinary Medicines scabies and lice under an (ACVM) Act 1997. exemption. Pentachlorobenzene Pentachlorobenzene (PeCB) belongs to a group of chlorobenzenes. It was used in polychlorinated biphenyl (PCB) products, in dyestuff carriers, as a fungicide, a flame retardant and as a chemical intermediate, particularly to produce quintozene. PeCB might still be produced unintentionally during combustion, thermal and industrial processes. It may also be present as impurities in products such as solvents or pesticides. In 2011, the Environmental Risk Management Authority (the Environmental Protection Authority’s (EPA’s) predecessor) reassessed and then revoked the approval for quintozene. Reasons for the decision included that the revocation would remove an avoidable source of POPs and be consistent with New Zealand’s commitment under the Convention. No use is reported in New Zealand (table 15). Table 15: History of use and controls of pentachlorobenzene Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues No significant use in Prohibited, as listed in Schedule Registration as agricultural n/a New Zealand. 2A of the HSNO Act in 2011. compounds or ingredients in agricultural compounds prohibited from September 2004. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 37 Perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride Perfluorooctane sulfonic acid (PFOS) and its closely related compounds are members of the large family of perfluoroalkyl sulfonate substances. PFOS is both intentionally produced and an unintended degradation product of related chemicals. Intentional use of PFOS was widespread globally and included: the electronic and semi-conductor industry, electroplating industry, certain medical devices, firefighting foams, photo imaging, aviation hydraulic fluids, and coatings for textiles, carpets, leather, upholstery, paper and packaging, rubber, and plastics, and insect baits for control of ants and termites. In New Zealand, PFOS was used in several of the above applications but the most dispersive use was in firefighting foams. Globally, the firefighting foams based on PFOS chemistry were only ever produced by one manufacturer (3M), and it ceased this manufacture by 2003. PFOS- based foams were prohibited in New Zealand by the HSNO Act 1996 Fire Fighting Chemicals Group Standard 2006. A submission to a public consultation process led by the Environmental Risk Management Authority in 2006 indicated that 3M had already by then ceased importing PFOS-based firefighting foams into New Zealand. In 2017, PFOS was found in soil and groundwater at some New Zealand air force bases and airports, likely originating from the historic use of firefighting foams (table 16). An investigation was subsequently undertaken by EPA, to determine whether stocks of non- compliant PFOS firefighting foams were still present in New Zealand. This investigation covered all commercial airports, petroleum production and storage facilities, chemical plants, ports and local shipping. In a small number of cases, EPA identified legacy stocks of PFOS foams as still being in use. A small number of cases were also identified of contamination of equipment and foam product with residues from past use of PFOS foams. Where PFOS foams, or high levels of PFOS contamination of foams, have been identified, operators have been required to remove this product and to decontaminate their equipment. PFOS wastes, above the low POPs content level of 50 milligrams per kilogram, are being exported for high temperature incineration overseas, because New Zealand has no domestic facilities capable of treating these wastes. These shipments are permitted under the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Table 16: History of use and controls of perfluorooctane sulfonic acid (PFOS) Relevant controls under History of use in Hazardous Substances and New Ongoing implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues Many of the known All uses prohibited, as listed in n/a Investigation of non- applications of PFOS Schedule 2A of the HSNO Act in compliant use of PFOS- products were used in New 2011, and no exemptions were containing firefighting foam Zealand, including in provided. was conducted in 2018- firefighting foams. 2019. Operators possessing Before listing in Schedule 2A, Firefighting foam such foams, or products the HSNO Act Fire Fighting manufactured with PFOS contaminated with PFOS, Chemicals Group Standard of was the standard since the were subject to compliance 2006 prohibited all known PFOS 1970s until the early 2000s and enforcement action by containing foams. in international aviation, EPA under the provisions of because these foams put The wording of the listing under the HSNO Act. This involved out liquid fuel fires quickly, the Imports and Exports requirements to prepare a thus improving safety for (Restrictions) Prohibition Order compliance plan that details (No 2) 2004 was updated in how the PFOS foam will be 38 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Relevant controls under History of use in Hazardous Substances and New Ongoing implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues passengers, air crew and fire December 2018, to reflect the removed and disposed of, fighters. intention of the Convention and how equipment will be more accurately. This cleaned to remove residues All known PFOS-based amendment does not affect its of PFOS contamination. All firefighting foams were listing status. wastes containing PFOS prohibited in 2006 by the above the Stockholm HSNO Act Fire Fighting Convention low POPs Chemicals Group Standard, content level of by when all relevant 50 milligrams per kilogram importation had already are required to be exported ceased. from New Zealand for high- temperature incineration, in accordance with provisions of the Basel Convention. Tetrabromodiphenyl ether and pentabromodiphenyl ether (commercial pentabromodiphenyl ether) Tetrabromodiphenyl ether (tetraBDE) and pentabromodiphenyl ether (pentaBDE) are the main components of commercial pentabromodiphenyl ether (c-pentaBDE). They inhibit or suppress combustion in organic materials and, therefore, were used as additive flame retardants. Between 90 per cent and 95 per cent of the use of c‐pentaBDE was for the treatment of polyurethane foam. These foams were used mainly in automotive and upholstery applications, such as vehicle seats and fittings and foams used for furniture, mattresses, carpet underlay, and electronic equipment. Production of c-pentaBDE stopped around 2004. In that year, Europe and North America banned the use of c-pentaBDE and c-octaBDE. TetraBDE and pentaBDE were not manufactured in New Zealand (table 17). Table 17: History of use and controls of tetrabromodiphenyl ether and pentabromodiphenyl ether Relevant controls under History of use in Hazardous Substances and New Ongoing implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues Not manufactured in Prohibited, as listed in Schedule n/a Management of existing New Zealand. Imported as 2A of the HSNO Act in 2011. articles and waste-stream flame retardants in, and for management when they the manufacture of, flexible become waste. polyurethane foam (furniture, upholstery and packaging) and non-foam polyurethane in casings, building materials, furniture, textiles and packaging. 4.4.2 Persistent organic pollutants added to the Convention in 2013 Hexabromocyclododecane The main uses of hexabromocyclododecane (HBCD) globally are as a flame-retardant additive in expanded polystyrene (EPS) and extruded polystyrene (XPS), while its use in textile back- New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 39 coating applications and electric and electronic appliances is smaller. EPS and XPS are used in insulation for buildings and refrigerated trucks and containers. HBCD provides fire protection to EPS and XPS during the service life of these products in buildings, vehicles, and other materials, as well as protection while stored. Its production has decreased in recent years, and raw material suppliers have transitioned to non-HBCD-containing alternative flame retardants in EPS and XPS, as well as in other applications. New Zealand made a notification of non-acceptance in 2014, under Article 22(4) of the Convention, relating to the listing of HBCD because of its continued use as a flame retardant in polystyrene products, principally EPS. The continued use was because of the unavailability in New Zealand of sufficient and reliable supplies of EPS containing an alternative flame retardant at that time. Because of the small size of most EPS product producers in New Zealand, and the range of products they produce, accepting the listing and registering for the specific exemption provided for EPS and XPS used in buildings was impractical. MfE and EPA worked with Plastics New Zealand, which represented the EPS product manufacturers, to establish a voluntary industry accord (the Accord) whereby industry undertook to phase out all use of HBCD-flame-retarded EPS by 1 January 2017, in place of an immediate acceptance of the listing. From this date, it was intended that all obligations of the listing would be met, but without the need to register for the specific exemption. In this way, all use of HBCD-containing EPS could cease in New Zealand almost three years earlier than would be required if the listing was initially accepted with the five-year exemption period. Industry was able to meet the terms of the Accord, and all imports of HBCD-containing EPS ceased before the end of 2016. Consequently, the notification of non-acceptance was withdrawn in December 2016, when this chemical was listed in Schedule 2A of the HSNO Act 1996. An articles in use notification was sent to the Convention Secretariat, to allow the continued use of existing articles containing HBCD manufactured before 1 January 2017 (table 18). Table 18: History of use and controls of hexabromocyclododecane (HBCD) Relevant controls under Hazardous Substances and New Ongoing History of use in New Zealand Organisms (HSNO) Act 1996 Other controls implementation issues HBCD was never Prohibited, as listed in Schedule n/a Management of existing manufactured in New Zealand 2A of the HSNO Act in 2016 with articles and waste and no records exist of it being allowance for continued use of disposal, when those imported as a chemical. It was articles in use manufactured articles become waste. imported incorporated in before 1 January 2017. polystyrene resin for Previously was approved provided manufacture into expanded it was used in accordance with polystyrene (EPS) foam relevant group standard. packaging and in various EPS construction products, and in manufactured EPS and extruded polystyrene products from the 1990s until 2016. 40 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants It was estimated in a 2013 study that an average of 4800 tonnes per year of HBCD-containing EPS was used in New Zealand during 2004–10. This represented an annual usage of between 24 tonnes and 48 tonnes of HBCD (based on a content in EPS of between 0.5 per cent and 1 per cent). An additional 5 tonnes to 10 tonnes per year of HBCD was estimated to be imported in sheets of XPS over the same period. 2 No evidence was found that any HBCD was being used in coating of textiles made in New Zealand, although it may have been present in imported textiles. The 2013 study also presented a simple ‘model’ of annual EPS production rates and annual HBCD-containing wastes arising over time (see figure 2). 3 The model was based on several assumptions. • Widespread use of EPS construction products started in the mid-1990s, and the production rate had doubled by 2010. • All production of EPS construction materials containing HBCD would cease in 2018 (this was taken to be the end of the Convention-specific exemption period, but, under the Accord discussed above, was able to be brought back to the end of 2016). • Most of the construction products are expected to have a usable life of up to 50 years, although some will be taken out of service well before that time because of building modifications and demolition. • The following waste generation rates were used to produce the waste plots: 10 per cent of the construction products were assumed to be taken out of service after 10 years, followed by a further 15 per cent at 20 years, 20 per cent at 30 years, 25 per cent at 40 years and 25 per cent at 50 years. The model was based on the annual manufacturing quantities for EPS construction products (average 4400 tonnes per year), because this is the main category for HBCD use, but it could be considered there would be an additional 10 per cent of HBCD-containing EPS used in packaging. Also, the annual imports of XPS sheets may contribute an additional 15 per cent to the total quantities of flame retarded polystyrene. Although the model is intended to be purely indicative, the main points are: • in 2018, the total quantities of wastes arising from the use of HBCD-containing EPS in construction products will be about 2000 tonnes per year, and the total quantities of HBCD-containing wastes will be about 2500 tonnes per year (assuming an additional 25 per cent contribution from flame retardant packaging wastes and imported XPS products) • by 2038, the waste quantities will increase to about 3300 tonnes per year of EPS construction products, plus an additional 1125 tonnes per year of other HBCD-containing wastes • by 2017, there is no significant production of HBC containing wastes due to a gradually decline of annual waste quantities.. 2 Environmental Protection Authority, 2013, Graham B. 2013. Lifecycle analysis of the brominated flame retardant hexabromocyclododecane (HBCD) in New Zealand. 3 Environmental Protection Authority, 2013, Graham B. 2013. Lifecycle analysis of the brominated flame retardant hexabromocyclododecane (HBCD) in New Zealand. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 41 Figure 2: Simple model of expanded polystyrene construction product manufacturing in New Zealand, and the associated hexabromocyclododecane-containing wastes arising over time Source: Graham, 2013 4.4.3 Persistent organic pollutants added to the Convention in 2015 Pentachlorophenol Pentachlorophenol (PCP) and its salts were used globally as a biocide, pesticide, disinfectant, defoliant, anti-sapstain agent, anti-microbial agent, and wood preservative in the agriculture and forestry sectors (for wooden utility poles and railway sleepers and trays used in mushroom farming). In New Zealand, PCP salts were widely used as an anti-sapstain fungicide on freshly sawn timber. Timber was either lightly sprayed or dipped in a PCP solution (table 19). PCP was also used at a limited number of sites in a mixture with diesel oil in the pressure treatment of poles and sleepers as a timber preservative. In addition, limited use of sodium PCP was made in the 1960s and 1970s for the preservation of building timbers. New Zealand set up special support services in 2010 for former sawmill workers exposed to PCP (see more in chapter 7). The use of PCP as an anti-sapstain chemical for timber and as a preservative ended in 1988. In 1991, PCP was deregistered as a pesticide by the New Zealand Pesticides Board. In 2008, it was reassessed under the HSNO Act 1996, and approval for all uses was revoked. Records of PCP use in New Zealand are incomplete. However, for the 40 years from 1950, around 5500 tonnes to 6000 tonnes of PCP were imported and used in the timber industry. At the height of its use during the 1970s, nearly 200 tonnes per year were used for anti-sapstain treatment of green timber and 100 tonnes per year for preservative treatment. 4 4 Tonkin and Taylor Ltd and SPHERE. 2008. Assessment of Dioxin Contamination at Sawmill Sites. Report for Ministry for the Environment. Wellington: Ministry for the Environment. 42 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants PCP-treated timber is still in use, notably in some poles used with power or telephone lines. Total stock is not known, and alternatives, such as concrete and chromated-copper-arsenate treated timber, are now used for poles and railway sleepers. In 2016, New Zealand notified the Convention Secretariat of existing PCP-treated timber utility poles, cross-arms and railway sleepers as articles in use. Table 19: History of use and controls of pentachlorophenol Relevant controls under Hazardous Substances and New Organisms Ongoing History of use in New Zealand (HSNO) Act 1996 Other controls implementation issues Previously used as an herbicide, Prohibited, as listed in Deregistered in New Management of existing insecticide, fungicide, algaecide, Schedule 2A of the HSNO Zealand by the articles in use, and disinfectant and in antifouling Act in 2016. (then) Pesticides environmentally sound paint. It was used as a timber Board in 1991. management of these treatment product from the at end of their current 1950s to 1980s. use when they become Use as a timber preservative and waste. Example of timber anti-sapstain treatment in known use includes New Zealand ceased in 1988. Its existing railway sleepers pesticide registration ceased in (ties) and power poles. 1991, and approval of all other See case study in uses was revoked in 2008. chapter 6. Hexachlorobutadiene Hexachlorobutadiene (HCBD) is a halogenated aliphatic compound, created mainly as a by-product in the manufacture of chlorinated aliphatic compounds. It is most commonly used as a solvent for other chlorine-containing compounds. HCBD is no longer intentionally produced, and alternatives are available. HCBD was not produced or significantly used in New Zealand (table 20). Table 20: History of use and controls of hexachlorobutadiene Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues Never produced or Prohibited, as listed in Schedule No record in Environmental No known issues. used significantly in 2A of the HSNO Act in 2016. Protection Authority New Zealand. databases of it being No approval for use before the present as a component in listing in Schedule 2A. products in New Zealand. Polychlorinated naphthalenes Commercial polychlorinated naphthalenes (PCNs) are mixtures of up to 75 chlorinated naphthalene congeners plus by-products. Production of PCNs for high-volume uses started around 1910 in both Europe and the United States of America. PCNs make effective insulating coatings for electrical wires. Some were used as wood preservatives, as rubber and plastic additives, for capacitor dielectrics, and in lubricants. They are also unintentionally generated during high-temperature industrial processes in the presence of chlorine, including release as by-products of waste incineration. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 43 No information is available on historic uses of PCNs in New Zealand (table 21). However, based on overseas information, the global production of PCNs stopped in the 1970s and 1980s, which indicates that PCNs are likely to have been substituted by other chemicals. Table 21: History of use and controls of polychlorinated naphthalenes Relevant controls under Ongoing History of use in Hazardous Substances and New implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues Never produced or Prohibited, as listed in Schedule No record in Environmental No known issue. used significantly in 2A of the HSNO Act in 2016. Protection Authority New Zealand. databases of it being present No approval for use before the as a component in products in listing in Schedule 2A. New Zealand. 4.4.4 Persistent organic pollutants added to the Convention in 2017 Decabromodiphenyl ether Like other BDEs, commercial mixture decabromodiphenyl ether (c-decaBDE) was used mainly as an additive flame retardant. Its consumption peaked in the early 2000s. Available production data indicates about 75 per cent of all world production of BDEs was c-decaBDE. Today, c-decaBDE is manufactured in only a few countries. Many countries have already restricted or initiated voluntary programmes to phase out c-decaBDE production. Total production of c-decaBDE from 1970 to 2005 was between 1.1 million tonnes to 1.25 million tonnes. C-decaBDE has a variety of applications, including in plastics, textiles, adhesives, sealants, coatings and inks. C-decaBDE-containing plastics are used in electrical and electronic equipment, wires and cables, pipes, and carpets. In textiles, c-decaBDE was used mainly in upholstery, window blinds, curtains and mattresses for public and domestic buildings, and in the transportation sector. The amount of c-decaBDE used in plastics and textiles globally varies, but up to about 90 per cent of c-decaBDE ends up in plastic and plastics used in electronics, while the remainder is used in coated textiles, upholstered furniture and mattresses. Several non-POP chemical alternatives are already on the market for the substitution of c-decaBDE in plastics and textiles. Furthermore, non-chemical alternatives and technical solutions, such as non-flammable materials and physical barriers, respectively, are also available. Trade names for decaBDE include DE-83R, DE-83, Bromkal 82-ODE, Bromkal 70-5, Saytex 102E, FR1210, Flamecut 110R and FR-300-BA. While decaBDE has been phased out globally, it is possible it is present in New Zealand in some of the existing and currently imported products, including older cars and electronic equipment. Therefore, New Zealand notified the Convention Secretariat of existing articles in use containing decaBDE and registered specific exemptions for parts for use in vehicles, and aircraft and aircraft parts under Article 4 of the Convention. This means New Zealand can continue to use decaBDE for a particular purpose (table 22). Figure 1 contains estimated quantities of BDEs in various sources of the New Zealand environment between 1978 and 2010. 44 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Table 22: History of use and controls of commercial mixture decabromodiphenyl ether (c-decaBDE) Relevant controls under History of use in Hazardous Substances and New Ongoing implementation New Zealand Organisms (HSNO) Act 1996 Other controls issues Never produced in Prohibited, as listed in Schedule 2A n/a Management of legacy New Zealand. of the HSNO Act from and imported products, 18 December 2018, with specific and waste disposal when Included as a component in exemptions for: those products become products imported from • parts for use in vehicles waste. other countries. Products include plastics in vehicles, specified in paragraph 2 of Part electrical equipment and IX of Annex A of the textiles. Convention • aircraft for which type Limited import of flame approval has been applied for retardant masterbatches before December 2018 and has containing decaBDE took been received before place until 2017. December 2022, and spare parts for those aircraft • and articles in use notifications for articles where decaBDE has been used as an additive in plastics (such as in electrical and electronic equipment, wires, cables and pipes), in textiles (such as in carpets, upholstery, window blinds and curtains, and mattresses) and in adhesives, sealants and coatings – present in New Zealand before 18 December 2018. Before listing, it was allowed to be used as a component chemical in products, in accordance with relevant group standard. Short-chain chlorinated paraffins Chlorinated paraffins, including short-chain chlorinated paraffins (SCCPs), have been produced commercially since the 1930s. At present, China is the largest producer of chlorinated paraffins. SCCP production has decreased globally as countries have established control measures. Use of SCCPs in metalworking and for fat liquoring of leather was prohibited in the EU in 2003. From 13,000 tonnes per year in 1994 (in 15 EU countries), use decreased to an estimated 530 tonnes per year in 2010 (in 27 EU countries). In 2012, use of SCCPs in the EU was further restricted to fire retardants in rubber used in conveyor belts in the mining industry and fire retardants in dam sealants. The United States of America prohibited use of SCCPs in 2013. Japanese industry voluntarily discontinued use in metalworking in 2007. In Canada, the production of chlorinated paraffins stopped in 2008, and the manufacture, use, sale, offer for sale and import of SCCPs were prohibited in 2013. See the revised draft guidelines. Main SCCP applications have been as a plasticizer in polyvinylchloride (PVC), in metal-working fluids, paints, coatings, sealants, rubber, as a fire retardant or a water repellent. They have also New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 45 been used in leather production. SCCPs have been used to replace PCBs, and many uses are similar. SCCPs have, however, been reported as unsuitable for uses requiring high heat stability (eg, capacitors and transformers). SCCPs have been used in the production of flame-resistant, water-repellent and rot-preventing textile finishes in sail cloths, industrial protective clothing and tarpaulins that could be bought by the public. The major historical use of chlorinated paraffins was in military tenting and other textile applications where fire risk must be controlled. SCCPs were applied mainly as a flame retardant for back-coating of textiles in the EU and less so for waterproofing. In New Zealand, it is possible that existing fire-resistant clothing and equipment may contain SCCPs. Therefore, New Zealand notified the Convention Secretariat of existing articles in use containing SCCPs and reflected this in domestic law (table 23). Table 23: History of use and controls of short-chain chlorinated paraffins Relevant controls under Hazardous History of use in Substances and New Organisms Ongoing New Zealand (HSNO) Act 1996 Other controls implementation issues Never produced in Prohibited, as listed in Schedule 2A of n/a Management of existing New Zealand. the HSNO Act from 18 December 2018, articles such as with articles in use notifications for: firefighting clothing and Many of the applications • articles where short-chain equipment, and waste listed above in the chlorinated paraffins (SCCPs) have disposal when they paragraph text have been used as additives in rubber become waste. been used in New Zealand. and plastic goods, in adhesives and sealants, and as water-proofing and flame-retardant agents for textiles—present in New Zealand before 18 December 2018. Before listing, there was an approval for this chemical under CAS No: 85535- 84-8 (trade name: Witaclor 149). In addition, some chemicals were allowed to be used as components in products under relevant group standards. 4.4.5 Persistent organic pollutants added to the Convention in 2019 Dicofol Dicofol is an organochlorine pesticide, used to control mites on a variety of crops. It was introduced commercially in 1955. Intended uses of dicofol cover fruits, vegetables, ornamentals, field crops, cotton, tea, and Christmas tree plantations. Between 2000 and 2007, global production of dicofol was estimated to have been 2,700–5,500 tonnes annually. Production has declined sharply since then as countries have phased out production and usage. There are no specific examples of critical uses given as specific exemptions in the listing Decision SC-9/11 by the Conference of the Parties. A range of chemical and non-chemical alternatives to dicofol are available and accessible. Considered technically feasible, these include more than 25 chemical pesticides, biological controls (pathogens and predators), botanical preparations (plant extracts), and agroecological practices (such as used in 46 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants agroecology, organics and integrated pest management). In New Zealand, before its listing in Annex A of the Convention, there were approvals under the HSNO Act for Dicofol as an active ingredient and for a formulated product – “wettable powder containing 350 g/kg dicofol”. This product was subject to a control (rule) that it must not be applied in or on water. At the time of the Annex A listing, no trade name product containing dicofol was registered on the Agricultural Compounds and Veterinary Medicines Register under the ACVM Act. This meant dicofol and its products were not being used in New Zealand at that time. The HSNO approvals were revoked once dicofol was listed as a POP on Schedule 2A of the HSNO Act. Table 24: History of use and controls of dicofol Relevant controls under History of use in Hazardous Substances and New Ongoing New Zealand Organisms (HSNO) Act 1996 Other controls implementation issues Approvals for Dicofol as Prohibited, as listed in Schedule 2A Registration as Residues in some sites an active ingredient and of the HSNO Act in December 2020. agricultural resulting from historic for a formulated compounds or use. product, “wettable ingredients in powder containing 350 agricultural g/kg dicofol”, were compounds transferred to the HSNO prohibited since Act in 2006 and 2004, December 2020 respectively, from under the predecessor legislation. Agricultural Compounds and In 2020, there were no Veterinary trade name products Medicines registered on the (Exemptions and Agricultural Compounds Prohibited and Veterinary Substances) Medicines Register Regulations 2011. under the ACVM Act meaning Dicofol was no longer being used in New Zealand at that time. Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds means: • perfluorooctanoic acid (PFOA; CAS No: 335-67-1), including any of its branched isomers • its salts • PFOA-related compounds which, for the purposes of the Convention, are any substances that degrade to PFOA, including any substances (including salts and polymers) having a linear or branched perfluoroheptyl group one of the structural elements. PFOA, its salts and PFOA-related compounds are used in a wide variety of applications and consumer products across many sectors PFOA and its salts are, or were, most widely used as processing aids in the production of fluoroelastomers and fluoropolymers, with polytetrafluoroethylene (PTFE, Teflon), fluorinated ethylene propylene, PFA (perfluoroalkoxy alkane) and PVDF (polyvinylidene fluoride) being important fluoropolymers. Fluoropolymers are used to manufacture hoses, cables and gaskets; New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 47 non-stick coatings on cookware and personal care products; medical devices and filter membranes. PFOA is also used as a surfactant and processing aid in the photolithographic and etching processes in the manufacture of semi-conductors, in photographic film coatings, and in the textile coating industry. PFOA-related compounds, including side-chain fluorinated polymers, are used as surfactants and surface treatment agents (eg, in textiles, paper, paints, and inks). PFOA-related compounds have also been used in the manufacture of fire-fighting foam for liquid fuel vapour suppression and liquid fuel fires. PFOA-related compounds have also been used in the manufacture of fire-fighting foam for liquid fuel vapour suppression and liquid fuel fires. PFOA-related products provide water, grease and soil protection for textiles and related products such as outdoor clothing and carpets, and for products such as the paper of microwave popcorn bags. Releases occur from past and ongoing production, use and disposal. The main emissions of PFOA and its salts are to wastewater and as particles or aerosols. Indirect releases of PFOA occur from the biotic and abiotic (photo-) degradation or transformation of precursor PFOA-related compounds. Steps to phase out PFOA and related substances have been widely implemented overseas. Regulatory action to prohibit manufacture or severely restrict use of PFOA, its salts and PFOA- related compounds are already implemented or under way in many jurisdictions, including Norway, the European Union, the United States, and Canada. New Zealand has adopted the specific exemptions for PFOA, its salts, and PFOA-related compounds for the following: • photographic coatings applied to films (expires 3 December 2025) • fire-fighting foam for liquid fuel vapour suppression and liquid fuel fires (Class B fires) in installed systems, including both mobile and fixed systems, in accordance with paragraph 2 of Part X of Annex A of the Stockholm Convention (expires 3 December 2025) • articles where PFOA, its salts and PFOA-related compounds have been in use, such as in coated textiles, papers, fluoropolymer membranes, or medical devices, in New Zealand on or before 3 December 2020 (no expiry date). 48 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Table 25: History of use and controls of perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds Relevant controls under History of use in Hazardous Substances and New Ongoing New Zealand Organisms (HSNO) Act 1996 Other controls implementation issues The HSNO Act 1996 Prohibited, as listed in Schedule 2A n/a Uses of fire-fighting regulates the use of of the HSNO Act in December 2020, foam in uncontained PFOA, its salts and except for specific exemptions for: applications must PFOA-related (a) photographic coatings applied cease by 31 December compounds. to films 2022 and all remaining contained uses must There are no approvals (b) fire-fighting foam for liquid fuel cease by 3 December under the Act for any vapour suppression and liquid 2025. Users are chemicals containing fuel fires (Class B fires) in currently implementing (PFOA), its salts and installed systems, including these requirements PFOA-related both mobile and fixed systems, which involve plans for compounds. However, in accordance with paragraph 2 how PFOA-containing they may be imported of Part X of Annex A of the foam will be removed as component Stockholm Convention: from use and disposed chemicals in products and articles in use notifications for of, and how equipment under an appropriate articles where PFOA, its salts and will be cleaned to group standard (NZ PFOA-related compounds have remove residues of Inventory of Chemicals). been in use, such as in coated PFOA contamination. The Fire Fighting textiles, papers, fluoropolymer All wastes containing Chemicals Group membranes, or medical devices, in significant levels of Standard 2017 (clause New Zealand on or before 3 PFOA contamination 4(5)), originally issued in December 2020. are required to be 2006, states that PFOA exported from New The phase-out of fire-fighting foam (but not its salts or Zealand for high- in accordance with paragraph 2 of PFOA-related temperature Part X of Annex A of the Stockholm compounds) is excluded incineration, in Convention is managed under the from the group accordance with Fire Fighting Chemicals Group standard. This means provisions of the Basel Standard 2021. that PFOA itself was not Convention. approved for use in fire- Management of fighting foams from existing articles in use, 2006, meaning they and environmentally could no longer be sound management of imported into New these at end of their Zealand. current use when they become waste. MfE and EPA are undertaking research to identify the non- foam industries and activities in New Zealand that may have used PFOA. This research will help regional councils with the identification of potentially PFOA- contaminated sites in the region. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 49 Chapter 5: New Zealand implementation of the Stockholm Convention: Part 3 Annex C persistent organic pollutants This chapter updates New Zealand’s activities to reduce or eliminate releases of unintentionally produced persistent organic pollutants (POPs). 5.1 Convention obligations Article 5 of the Convention requires parties to take measures to reduce or eliminate releases of unintentionally produced POPs. These are listed in Annex C of the Convention and are chemicals produced and released as unintended by-products of specific processes. The goal is to continue to minimise, and where feasible, eliminate these releases. 5.2 Annex C persistent organic pollutants Table 26 shows the chemicals listed in Annex C of the Convention and when they entered into force in New Zealand. Hexachlorobutadiene (HCBD) was adopted as a new Annex C listing at the 2017 Conference of the Parties and came into force in New Zealand legislation on 18 December 2018 (this chemical is already listed in Annex A). Table 26: Chemicals listed in Annex C of the Convention Year listed under Date entered into force for Chemical Stockholm Convention New Zealand Hexachlorobenzene (HCB) 2001 2004 Polychlorinated biphenyls (PCB) 2001 2004 Polychlorinated dibenzo-p-dioxins (PCDD) 2001 2004 Polychlorinated dibenzofurans (PCDF) 2001 2004 Pentachlorobenzene (PeCB) 2009 2016 Polychlorinated naphthalenes (PCNs) 2015 2016 Hexachlorobutadiene (HCBD) 2018 2018 5.3 Progress since National Implementation Plan 1 NIP1 outlines New Zealand’s Action Plan for Dioxins and Other Annex C Chemicals. MfE is responsible for the Action Plan’s implementation and oversight. In summary, the Action Plan to minimise and, where feasible, eliminate releases of unintentional POPs to air, has been compiled in accordance with the measures set out in box 1. The main activities under the Action Plan are to undertake a five-yearly New Zealand Inventory of Dioxin Emissions to Air, Land and Water, and Reservoir Sources (see section 5.3.1). 50 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Box 1: Updated action plan for dioxins and other Annex C chemicals • Review and update every five years the New Zealand Inventory of Dioxin Emissions to Air, Land and Water, and Reservoir Sources. • Monitor and periodically evaluate laws and policies to manage releases of dioxins and other Annex C chemicals. • Identify strategies to minimise releases of dioxins and other Annex C chemicals. • Promote information where appropriate to support the above programmes. • Report progress under the Action Plan for Dioxins and Other Annex C Chemicals every five years. • Implement the Action Plan for Dioxins and Other Annex C Chemicals to: • maintain and promote the implementation schedule • promote the measures of the action plan • take account of guidance prepared by the Conference of the Parties • provide consideration of best available techniques/best environmental practices (BAT/BEP) requirements for any new Annex C, Part II installations • provide consideration of BAT/BEP requirements for all existing installations (sources) in accordance with Part II and Part III of Annex C. The Ministry for the Environment has: • submitted the New Zealand Action Plan for Dioxins and Other Annex C Chemicals (as a component of the National Implementation Plan (NIP) to the Secretariat of the Stockholm Convention on Persistent Organic Pollutants (Convention Secretariat in December 2018 • reported the New Zealand Inventory of Dioxin Emissions to Air, Land and Water, and Reservoir Sources containing estimates of releases of dioxin from 49 different sources in New Zealand for the reference year of 2020 to provide an update for New Zealand’s Dioxin Inventory previously published for the reference years of 2008, 2012 and 2016 on 31 August 2022. 5.3.1 New Zealand Inventory of Dioxin Emissions to Air, Land and Water, and Reservoir Sources NIP3 outlines the Action Plan for Dioxins and other Annex C Chemicals. This includes the requirement to update the New Zealand Inventory of Dioxin Emissions to Air, Land and Water, and Reservoir Sources every five years. The New Zealand inventory measures polychlorinated dibenzo-p-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) because they are considered to constitute a sufficient basis for identifying and prioritising sources of all such substances, as well as for devising applicable control measures for all Annex C POPs and evaluating their efficacy. For ease of reference, PCDDs and PCDFs are collectively referred to as ‘dioxins’ in this NIP. New Zealand has not developed an inventory of polychlorinated biphenyl (PCB), pentachlorobenzene (PeCB), hexachlorobenzene (HCB) or polychlorinated naphthalene (PCN) because of the complexity and cost of testing and sampling. This is in line with the guidance provided by the Convention. The New Zealand Government managed a register of exemptions to keep PCB stocks until the end of 2016 (see chapter 3 for PCB phase-out). A separate New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 51 inventory is not deemed necessary. HCB was used experimentally in New Zealand between 1970 and 1972. A separate inventory for this substance is not deemed necessary. The first inventory of dioxin emissions was published in 2000 from 1998 data). Since NIP1, New Zealand has completed further inventories measuring dioxins on a regular basis. The second inventory update was published in 2011 using 2008 data, and a third update was published in 2014 using 2012 data. This was followed by a fourth update, referencing the years up to 2015. The most up-to-date report was published in 2022, referencing the years from 2016 – 2020. The methodology for New Zealand's inventories is based on the Standardised Toolkit for Identification and Quantification of Dioxin and Furan Releases (the United Nations Environment Programme (UNEP) Toolkit). 5.3.2 Changes in the dioxin release estimates over time The dioxin release estimates for 2012 and 2016 and 2020 are summarised in table 27 below. This summary is based on nine of the toolkit major source categories, which is the summary level used for country reports under the Stockholm Convention. As shown in the table the total release of dioxin in New Zealand for 2020 was 36.60 g TEQ (toxic equivalents). This can be compared with releases of 36.99 g TEQ in 2012 and 37.10 g TEQ in 2016. Dioxins are generally found in mixtures containing several kinds of dioxins and dioxin-like compounds, each having its own degree of toxicity. (To express the overall toxicity of such a mixture as a single number, the concept of “International Toxic Equivalents” (TEQ) has been established. This metric scheme weighs the toxicity of the less toxic compounds as fractions of the toxicity of the most toxic TCDD (tetrachlorodibenzo p dioxin), one of the most potent toxic dioxins and used as a reference for all other dioxins.) The 2020 report shows that that about 60% of New Zealand’s estimated dioxin releases can be attributed to two main categories – the disposal of municipal waste in landfills and sewage treatment. Combined with seven other categories (secondary aluminium processing, industrial wood combustion, industrial coal combustion, structure fires, metal shredding, landfill fires, heating and cooking with wood, and structure fires), the nine sources comprise 87% of total dioxin releases of New Zealand. We can see an increasing trend of dioxin release from New Zealand’s landfill deposition, although, fortunately, at a declining rate. In contrast, a decreasing national trend is evident for secondary metal activities (such as secondary aluminium and steel production, iron foundries, and brass and bronze production) due to recent plant closures. Sewage treatment and crematoria have shown a trend of increasing dioxin releases as their activities are based on the steadily growing population numbers of New Zealand. Asphalt production in New Zealand also shows an increasing trend reflecting the fact that major new roads continue to be built while existing roads require maintenance, hinting again at issues based on continuous population growth. 52 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Household heating and cooking with biomass (wood) and coal both show a gradual decline in dioxin releases as burners and stoves are slowly replaced with devices requiring alternative, more modern forms of energy such as electricity. There are no official recommendations for ‘acceptable’ levels of national dioxin releases, and it is also not possible to relate the release estimates to any potential health effects. Nevertheless, important work has been implemented to lower dioxin emissions in New Zealand. As landfills are by far the greatest source of dioxins for New Zealand, the ongoing replacement of the current Waste Minimisation Act is expected to bring well needed positive change as this proposed legislation will place much greater emphasis on a circular economy where resources are kept at their highest value use for as long as possible, reducing the volume of landfills eventually – leading to lowered dioxin releases in the long run. Table 27: Summary of previous and current annual dioxin release inventories 1998, 2008, 2012 by source category Annual releases (g TEQ/a) Major source Air Water Land Residue categories 2012 2016 2020 2012 2016 2020 2012 2016 2020 2012 2016 2020 Waste 0.79 0.37 0.49 0.00 0.00 0.00 0.00 0.00 0.00 0.05 0.03 0.010 Incineration Ferrous and 0.40 0.26 0.20 0.01 0.02 0.02 0.21 0.27 0.09 9.71 5.54 4.37 Non-Ferrous Metal Production Heat and 3.33 3.24 3.72 0.00 0.00 0.00 0.41 0.07 0.27 0.75 0.79 0.91 Power Generation Production of 0.07 0.08 0.07 0.00 0.00 0.00 0.18 0.06 0.04 0.03 0.04 0.05 Mineral Products Transportation 0.66 0.67 0.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Uncontrolled 2.44 2.60 2.75 0.00 0.00 0.00 0.78 0.86 0.48 0.00 0.00 0.00 Combustion Production of 0.05 0.07 0.044 0.01 0.01 0.00 0.09 0.15 0.048 0.00 0.00 0.00 Chemicals and Consumer Goods Miscellaneous 0.19 0.20 0.22 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 53 Annual releases (g TEQ/a) Major source Air Water Land Residue categories 2012 2016 2020 2012 2016 2020 2012 2016 2020 2012 2016 2020 Waste 0.00 0.00 0.00 1.39 1.80 1.83 12.57 17.03 17.25 2.43 2.60 2.81 Treatment Totals 7.94 7.47 8.32 1.41 1.82 1.85 14.24 18.44 18.17 12.97 9.00 8.14 Totals for all 2012 2016 2020 release vectors 36.99 37.10 36.60 Source: Ministry for the Environment, 2020 Notable changes and developments The most notable changes from the current Inventory are outlined below. Releases to air categories which had increases in release estimates for 2020 compared with 2016 Compared with 2016 levels, releases from combustion of wood waste in industrial boilers have increased due to improvements in consumption estimates. There was also an increase of releases due to more unpredictable events, such as landfill fires, forest fires and vehicle fires which will, by nature, fluctuate from year to year. Dioxin releases from metal shredding have also increased due to a rising number of shredder operators and material throughput. In the energy sector, releases from coal-fired electricity generation have increased because more coal was burned to cover hydro electricity shortages and maintenance of the Cook Strait cable in 2020. Already mentioned above were the increased releases from landfill deposition, sewage treatment and crematoria, all to be attributed to population increase. Other increases are due to general improvements throughout estimates, such as dioxin releases from pet cremators (improvements in throughput estimation following a regional council survey) and releases from 2-stroke engines, which are greater following increased fuel consumption estimates in the recreational marine sector. Lastly, increased releases from diesel engines resulting from increased diesel consumption which may be related to heavy fuel oil replacement by diesel in the marine transport industry. Categories which had decreases in release estimates for 2020 compared to 2016 Recent plant closures and decreases in production quantities were the cause of the release reductions for secondary aluminium, copper, brass, and bronze production and iron foundries. Releases from open burning of domestic wastes have reduced due to a decrease in the estimate 54 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants of the amount of waste burnt following a regional council survey. Pulp and paper sludge disposal releases have decreased due to a reduction in bleached pulp production. Releases from primary iron and steel production have decreased because a greater proportion of waste materials are being recycled through the process. The reductions for household heating and cooking with biomass (wood) reflect a decrease in the number of wood burners. Heavy oil-fired engine release reductions follow a drop in fuel consumption of this type by the marine transport industry which may be related to international controls on sulphur emission levels. Fewer schools operating incinerators is the reason for the release drop in the wood and biomass incineration category. Lime production release reductions reflect a downward trend in lime production. Petroleum production releases have reduced because throughput of crude oil at the Marsden Point refinery reduced as COVID-19 travel restrictions impacted fuel consumption, particularly in the aviation industry, in 2020. Black liquor combustion release reductions are due to reduced kraft pulp production in 2020. Other decreases in releases are due to unforeseeable events, such as the decrease of industrial and commercial coal use due to drops in coal consumption caused by COVID-19 lock downs in 2020. Structure fires are equally unpredictable events which will vary from year to year, similar to the extent of agricultural residue burning fluctuates from year to year. 5.3.3 New Zealand initiatives leading to reductions in dioxin releases Waste reduction strategies Landfills are by far the greatest source of dioxins for New Zealand. As the types of waste deposited in municipal landfills are so diverse only a very general emission factor can be applied to estimate dioxin releases from this source. Where the waste total is comprised of significant volumes of inert materials such as food wastes, clean fill, and garden waste it is probable that the dioxin release is being over-estimated and reducing their volume will result in a reduction in the dioxin estimation for landfills. There are currently several government initiatives which are aimed at reducing waste volumes. See Waste reduction work programme on our website. Changes in production focus Oji Fibre Solutions closed its bleaching operations at its Tasman Mill, located in Kawerau, Bay of Plenty, in March 2019 to allow the company to produce more fibre cement pulp and other unbleached kraft pulp products (Climate Leaders Coalition, 2022). Pulp bleaching is a source of dioxins, and this contribution is now being removed from the plant’s output. On 1 April 2022, Refining New Zealand ceased refining operations at Marsden Point Oil Refinery in Northland, the country’s only oil refinery, and became an import only terminal for refined fuels. This move will remove sources of dioxin emissions such as the combustion of volatile process gases in flares, wastewater, and solid wastes. Global and national perspectives A review of the current state and main sources of dioxins around the world was conducted in 2015. Industrialised countries in North America, Europe and South and East Asia are generally considered the biggest producers of dioxins. For many industrialised countries, following peak dioxin emissions in the 1970s and 80s, emissions decreased after the implementation of policies of flue gas treatment, social New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 55 awareness campaigns and application of strict legislative emission controls. On the other hand, in countries where non-industrial sources have been traditionally high contributors, emissions have remained constant because it is more difficult to control this type of process. It is possible to estimate a global per capita release of 38.7 g TEQ per million people per year based on the world’s dioxin release of 287 kg TEQ and its 2016 population of 7.42 billion. 5 A predictive global dioxin release model has also been developed. 6 This used markers of human social economic activities including gross national income and per capita national income, carbon dioxide emissions per GDP (Gross Domestic Product) combined with land area to estimate releases for individual nations. The total dioxin release for 189 countries was estimated based on this formula to TEQ per year, giving a global per capita average release of 15.4 g TEQ per million people per year. In comparison, we can see New Zealand’s comparatively low 2020 release of 36.6 g TEQ combined with a population of 5.025 million gives a per capita value of 7.3 g TEQ per million people, which places it in line with other countries of similar population size and economic status, such as Cyprus 7.6 TEQ per million or Portugal with 6.7 TEQ per million. 7 5 Population Reference Bureau. (2016). 2016 World Population Datasheet. Population Reference Bureau. 6 Wang, B.,H,F.,J, H.,D,S.,W, Y., & Y, G. (2016). A primary estimate of global PCDD/F release based on the quantity and quality of national economic and social activities. Chemosphere, 303 - 309. 7 Saral, A., Gunes G., and Demir S. (2014). Atmospheric PCDD/PCDF Emission Inventory for Turkey. Atmospheric Pollution Research, 5 (1), 24 - 33. 56 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Chapter 6: Stockpiles, waste disposal and contaminated sites This chapter outlines measures on stockpiles and wastes relating to POPs. In the New Zealand context, these measures are addressed under three categories: stockpiles, waste disposal, and contaminated sites. 6.1 Convention obligations Article 6 of the Stockholm Convention on Persistent Organic Pollutants (the Convention has measures to reduce or eliminate releases from stockpiles and wastes. Clear regulations and guidelines are in place for how to store, handle and dispose of POPs safely in the few situations where they are still present in New Zealand. The regulations and guidelines are set out in the Hazardous Substances (Storage and Disposal of POPs) Notice 2004. In February 2018, the Environmental Protection Authority (EPA) published a consolidated version of this Notice, to provide easy access to all obligations and responsibilities for affected persons, which is currently being revised with a view to having an updated version in place in 2023. 6.2 Stockpiles 6.2.1 Legacy chemicals Once POPs are banned (or restricted) under the HSNO Act 1996, it can take time to reduce or eliminate releases from stockpiles. These POPs become known as ‘legacy chemicals’. Significant efforts have been made to ensure all remaining POPs and POP-containing products are identified and disposed of appropriately. Successful activities to remove legacy POPs from New Zealand have included a phase-out programme and destruction of polychlorinated biphenyls (PCBs) (see chapter 3), and government-funded national collection programmes for POPs used in the past (especially in agriculture). Removal and disposal of remaining stockpiles relies largely on individuals identifying POPs on their properties and taking the necessary action to dispose of these chemicals safely. This makes it difficult to accurately ascertain the levels of POPs still likely to be present in New Zealand. New Zealand’s large farming industry means that POPs are often found on farming properties where the landowners have not realised they are present, do not know what to do with them or have been unwilling to pay for collection to ensure correct disposal. However, the high uptake of free collection services, such as the ‘DDT Muster’ described in chapter 3, indicates that individuals are willing to remove POPs from their property provided removal services are readily offered. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 57 Agrichemicals that are persistent organic pollutants Storage, handling and disposal of agrichemicals that are considered POPs must comply with the Hazardous Substances (Disposal) Notice 2017. MfE, together with local government, has undertaken national collection of agricultural chemicals in rural New Zealand. The first stage involved removing as much as possible of the historical legacy of agrichemicals stored in rural sheds across the country, particularly POP pesticides (see the 2006 National Implementation Plan). Between 2003 and 2006, MfE and 13 regional councils (out of 16) worked together to collect over 290 tonnes of unwanted agricultural chemicals, mainly from rural properties. Most chemicals collected were POPs. During this period, New Zealand safely disposed of 225 tonnes of old and unwanted agricultural chemicals. Councils (to varying degrees) continue to clear their regions of any further agrichemical stockpiles. The second stage involves implementing a longer-term industry-led extended producer responsibility solution to manage and dispose of future unwanted chemicals. For example, funding of Agrecovery schemes, a nationwide rural recycling programme for the recovery of agrichemicals, are partially contributed to by chemical producers. Agrecovery is a not-for-profit charitable trust, established in 2006 to address persistent ‘on farm’ waste issues. Agrecovery provides New Zealand farmers and growers with nationwide programmes for container recycling, drum recovery and the collection of unwanted or expired chemicals. Agrecovery Containers and Chemicals are accredited Product Stewardship Schemes under the Waste Minimisation Act 2008 EPA and MfE are also focusing on strengthening the broader hazardous substances compliance system. This partially aims to better manage chemical stockpiles and clean up. EPA and MfE are also undertaking work to modernise New Zealand’s chemical management system, also resulting in HSNO Act amendments which have recently been passed. 6.3 Waste 6.3.1 How persistent organic pollutant wastes are handled in New Zealand POP wastes must be exported for destruction. The disposal of POPs must comply with the Hazardous Substances (Disposal) Notice 2017 under the HSNO Act 1996. New Zealand must also comply with the requirements for the environmentally sound management of POP wastes set out in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Basel Convention has been implemented into domestic legislation primarily through I&E Order 2004. This Order requires permits from the EPA to import or export waste containing POPs. New Zealand also implements its obligations under the Waigani Convention (a regional agreement under the Basel Convention that ensures hazardous waste cannot travel from New Zealand and Australia to another Pacific country or Antarctica) and the Organisation for Economic Co-operation and Development Hazardous Waste Decision. The Hazardous Substances (Disposal) Notice 2017 states that POP wastes cannot be disposed of to a landfill. Increasingly, with waste containing POPs such as flame retarded plastic waste 58 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants and hexabromocyclododecane- (HBCD-) containing polystyrene, the management of POP disposal is much more problematic (see 6.3.3 Electronic waste). In 2022, Channel Infrastructure NZ (formerly the New Zealand Refining Company) was fined $169,000 after firefighting foam banned from use in training exercises was used multiple times at Marsden Point Oil Refinery, with foam ending up polluting the Whangārei Harbour. This was in direct breach of the provision in the New Zealand Fire Fighting Chemicals Group Standard which implements in para 2(b) of Part X of Annex A of the Stockholm Convention relating to the listing of PFOA, its salts and PFOA-related compounds. The Environmental Protection Authority (EPA) laid seven charges against the company (formerly the New Zealand Refining Company Limited) under the Hazardous Substances and New Organisms Act (HSNO Act) and a further seven charges under the Resource Management Act. The efficient prosecution of the responsible company serves a good example on how well the relevant legislation is enforced under New Zealand law. 6.3.2 Per- and poly-fluoroalkyl substances waste Firefighting foams contaminated with per- and poly-fluoroalkyl substances (PFAS) identified through the All of Government National PFAS Programme’s investigations are being exported for destruction by high temperature incineration in accordance with the Basel Convention. 6.3.3 Electronic waste The Global E-waste monitor 2020 report commissioned by United Nations University (UNU) and United Nations Institute for Training and Research (UNITAR) estimates that New Zealand disposes of more than 97,000 tonnes of e-waste per year. E-waste is likely to contain brominated flame retardants (BFR). While many distinct types of BFRs exist, several are specifically named under the Convention. These are HBCD and the BDEs: tetrabromodiphenyl ether (tetraBDE), pentabromodiphenyl ether (pentaBDE), hexabromodiphenyl ether (hexaBDE), heptabromdiphenyl ether (heptaBDE) and decabromodiphenyl ether (decaBDE). On 20 December 2016, New Zealand issued notification of articles in use under the Convention for tetraBDE, pentaBDE, hexaBDE, heptaBDE and HBCD. The notification of articles in use states that, while manufacture, import and use of these POPs have been prohibited since August 2011, it is likely some articles containing the POPs remain in use. New Zealand made a similar articles in use notification for decaBDE in December 2018. In July 2020, Government declared six product types, including electrical and electronic waste (e-waste), to be 'priority products' under the Waste Minimisation Act 2008. This declaration means that a product stewardship scheme for these products must be developed and implemented as soon as practicable. The first e-waste scheme will address large batteries (which includes electric vehicle batteries). The second e-waste scheme will address the other e-waste products. Find out more about regulated product stewardship on our website. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 59 While not a Basel Convention requirement, 8 New Zealand considers that all e-waste is considered hazardous waste and therefore subject to the Basel Convention, unless it is verified otherwise. EPA produced guidance on exporting e-waste in 2014. The guidance outlines an expectation that exporters of e-waste must obtain an export permit for hazardous waste, unless evidence shows it is not hazardous waste. This guidance includes advice on e-waste items containing BFR. Plastic e-waste containing BFRs is classed as hazardous waste under the Basel Convention. We set out guidance on our website for managing waste and end-of-life products that may contain BFR. This guidance is intended to be read in conjunction with the I&E Order 2004. The guidance sets out that if a product contains a BFR likely to be a POP listed under the Convention then it cannot be recycled or exported for recycling. Any export for disposal must have a Basel Convention export permit from the EPA. Any end-of-life product or waste stream from products containing BFRs must be managed in a way that minimises the potential impact on human health and the environment. A permit will only be issued if the waste material will be processed in an environmentally sound manner at the destination facility. MfE commissioned the following studies on BFRs in New Zealand: • Brominated flame-retardant research: A cost-benefit analysis of sorting options for -e- waste plastics (2013) (a summary of this study is given in Box 2) • Brominated flame retardant research: A pilot study of e-waste plastic sorting in New Zealand (2013) • Pilot study of brominated flame retardants in waste electrical and electronic equipment (2012) • Investigation of brominated flame retardants present in articles being used, recycled and disposed of in New Zealand (2010) (a summary of this study is given in Box 3) • Pilot study of brominated flame retardants in waste electrical and electronic equipment (WEEE) 2021 • Investigation of brominated flame retardants present in articles being used, recycled and disposed of in New Zealand 2021. 8 In 2022, the Conference of the Parties agreed to amend the Basel Convention so that all waste electronic and electrical equipment will require prior informed consent from the receiving country from 1 January 2025. 60 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Box 2: Investigation of brominated flame retardants present in articles being used, recycled and disposed of in New Zealand The study’s purpose was to help the Ministry for the Environment determine whether it was feasible and practicable to meet Article 6 obligations under the Stockholm Convention in respect of the disposal of waste containing pentabromodiphenyl ether (pentaBDE) and octabromodiphenyl ether (octaBDE). Interviews with industry indicated that New Zealand was likely to have significantly lower levels of pentaBDE and octaBDE in existing, imported and exported products than the European Union and North America. This is due to the historical absence of regulations requiring household goods to contain flame retardants in New Zealand manufactured goods. Discussions with industry suggested the main source of pentaBDE and octaBDE in existing products has come from imported finished consumer products, from polymer resin used in the manufacture of New Zealand products, and in chemical compounds from production of polymer products for specific applications. Testing showed that only very low levels of BDEs were present in the leachate of three landfills tested. Landfilling in secure landfills is therefore considered as a potential option to dispose of BDE-containing polymers and plastics in an environmentally sound way. However, this will be subject to further research and investigation. Box 3: Brominated flame-retardant research: A cost-benefit analysis of sorting options for e-waste plastics This report provides validation for the Ministry for the Environment’s (MfE’s) guidance on managing waste that may contain brominated flame retardant (BFR). The analysis concluded that handheld scanning options to sort BFR-containing products from other recycling is expensive, lacks sufficiently compelling benefits and has operational and practical complexities that cast doubt on its feasibility. A visual persistent organic pollutant (POP)–Bromodiphenyl ether (BDE) detection and visual BFR option were also considered. The POP–BDE option was considered likely to recover more items for recycling; however, the BFR option would give MfE more certainty that current and future domestic and international obligations would be met for ensuring safe disposal of BFRs. The MfE-issued guidance reflects the need for certainty and ensures no item can be sent for recycling unless there is certainty it does not contain BFR. 6.4 Contaminated land management Managing land contaminated by POPs is part of the general issue of managing land contaminated because of chemicals use. Past use of hazardous substances in industry, agriculture and horticulture has left a legacy of soil contamination in New Zealand. Contaminated sites are commonly associated with past activities such as: • manufacture and use of pesticides – this has resulted in contamination at locations where pesticides were manufactured as well as the wider contamination associated with use of the chemicals (eg, agrichemical sprays) New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 61 • timber treatment – pentachlorophenol (PCP) is a POP listed under the Convention that was used routinely at most sawmills and timber treatment plants from the 1950s until 1988, when its use ceased • sheep dipping – from use of 1,1,1-trichloro-2, 2-bis (4-chlorophenyl) ethane (DDT), dieldrin, arsenic and other chemicals to treat parasites on sheep • limited use of firefighting foams containing perfluorooctane sulfonic acid (PFOS) and PFOA-related compounds • landfills. 6.4.1 Responsibility for managing contaminated land MfE provides national direction on land contamination across central and local government. This leadership includes developing the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NESCS 2011) and guidelines to help investigate, assess and manage contaminated land. Regional councils and territorial authorities have functions under the RMA (sections 30 and 31) for the day-to-day management of contaminated land. Regional councils are responsible for investigating land for the purposes of identifying and monitoring contamination. They are the first point of contact for anyone who suspects their land may be contaminated. Territorial authorities are responsible for preventing or mitigating any adverse effects of the development, subdivision or use of contaminated land. The NESCS 2011 assists the territorial authorities with their contaminated land planning functions. Find out more about contaminated land on our website. 6.4.2 Contaminated land regulatory framework To help local government fulfil its functions, a broad framework is in place for managing land contamination that includes a mix of legislation, regulation, guidelines and funding arrangements. These include: • RMA • HSWA 2015 • NESCS 2011 • contaminated land management guidelines • Contaminated Sites Remediation Fund (CSRF) • guidance for councils to identify, assess and investigate land where PFAS was manufactured, used or disposed of. 9 MfE has also compiled a list of activities and industries, the Hazardous Activities and Industries List (HAIL), commonly associated with contaminated land, to help identify potentially contaminated land. 9 Ministry for the Environment. No date(c). PFAS (per- and poly-fluoroalkyl substances). (22 November 2022). 62 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Resource Management Act 1991 The RMA is the core legislation for controlling the effects of contaminated land on the environment and people. It defines contaminated land as land that has a hazardous substance in or on it that has significant adverse effects on the environment or is likely to have significant adverse effects on the environment. Environmental Guideline Values apply to a range of contaminants in soil, based on the intended land use. These contaminant guideline values are selected in line with a hierarchy, which can be found in MfE’s Contaminated land management guidance No 2: Hierarchy and application in New Zealand of environmental guideline values (revised 2011). Under the RMA, regional councils and territorial authorities have overlapping functions for controlling land use (eg, preventing or mitigating any adverse effects of the storage, use, disposal or transportation of hazardous substances). The regional councils are required to allocate these functions under their regional policy statements. In most cases, the function is allocated to the territorial authority, along with their other land-use control functions. Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 The NESCS 2011 is a set of nationally consistent planning controls and soil contaminant values. Guidance for users of the NESCS is available on the MfE website. The NESCS 2011 ensures that land affected by contaminants in soil is appropriately identified and assessed before it is developed and, if necessary, is remediated or the contaminants contained to make the land safe for human use. The NESCS came into effect on 1 January 2012. The standard ensures all councils follow the same planning and decision-making framework for consistency purposes. The NESCS 2011 provides: • a nationwide set of planning controls that direct the requirement for consent or otherwise for activities on contaminated or potentially contaminated land • a mandated method for determining applicable standards for contaminants in soil, including a national set of soil contaminant standards for 12 priority contaminants and five common land uses • a nationwide approach to site investigations and reporting, by mandating the use of best practice guidelines for investigating and reporting on contaminated or potentially contaminated land. Hazardous Activities and Industries List Under the NESCS 2011, land is considered to be actually or potentially contaminated if an activity or industry on the HAIL has been, is or is more likely than not to have been, undertaken on the land. The HAIL is a compilation of activities and industries known to have caused land contamination resulting from hazardous substance use, storage or disposal. The HAIL’s purpose is to help regional councils identify contaminated or potentially contaminated sites for inclusion on local government land-use registers. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 63 Contaminated land management guidelines Guidelines are available to enable contaminated land to be assessed and managed consistently throughout New Zealand. They have been developed in partnership with regional councils. Five guidelines have been published, each covering a different aspect of contaminated land management (table 28). Table 28: Contaminated land management guidelines and description Guidance title Description No. 1 – Reporting on contaminated sites in Details the type and amount of information required in New Zealand a contaminated site report No. 2 – Hierarchy and application in New Zealand of Ensures the consistent selection and application of environmental guideline values environmental guideline values Environmental guideline value database Contains the guideline values discussed in the guidelines No. 2 document No. 3 – Risk screening system Describes the risk-screening system that provides a nationally consistent way to rank sites that are, or are suspected of being, contaminated. The purpose of ranking a site is usually so it may be prioritised for further investigation No. 4 – Classification and information management Suggests a nationally consistent way to classify, manage protocols and release contaminated site information held on council registers or databases No. 5 – Site investigation and analysis of soils Provides best practice for sampling and analysing soils on sites where hazardous substances are present or suspected, and guidance on the principles for interpreting the data obtained. As well as the specific contaminated land management guidelines, industry specific guidance is also available on the investigation assessment and management of timber treatment, petroleum, gasworks, and sheep dip sites. In addition to contaminated land management guidelines No. 1 and No. 5, the All of Government National PFAS Programme developed guidance on communication, engagement and information sharing, and disposal of PFAS-containing wastewater to trade waste for councils to identify, assess and investigate land where PFAS was manufactured, used or disposed. Find out more on our website: Per- and poly-fluoroalkyl substances (PFAS) and PFAS contamination: update on response and planned next steps Cabinet paper. Health and Safety at Work Act 2015 WorkSafe New Zealand is the agency responsible for the enforcement of hazardous substances rules in workplaces. The Health and Safety at Work (Hazardous Substances) Regulations 2017 (HSWA HS Regulations) under the HSWA apply when workers are on a contaminated site or are handling soil contaminated with hazardous substances. WorkSafe has clarified the relationship between the HSWA HS Regulations and other pieces of legislation for the governing of contaminated land. This clarification sets out that the HSWA HS Regulations do apply to hazardous waste, however, soil contaminated with hazardous substances by past work activities does not need to be managed as hazardous substance waste under the HSWA HS Regulations because an established framework is already in place for the management of contaminated land under the RMA. 64 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Contaminated Sites Remediation Fund The CSRF provides NZ$2.63 million in annual funding for the investigation and remediation of contaminated sites that pose a risk to human health and the environment. The fund is available to landowners of contaminated sites through local government. The CSRF helps local government to fulfil their obligations for contaminated land management under the RMA. The fund recognises the importance of cleaning up historic contaminated sites across New Zealand, including sites potentially contaminated by POPs. MfE administers the CSRF and assesses each application on the risks they pose to human health and the environment using a prioritisation tool. The sites determined as posing the greatest risks are placed on a CSRF priority list. This list provides transparency on which sites are priorities for government funding. One of the priority sites which received funding from the CSRF was the Kopeopeo Canal, after elevated levels of PCP and dioxins were found in the sediments and in eels residing in the eastern section of the canal. The Kopeopeo Canal was contaminated by stormwater discharges between the 1950s and 1980s from a former sawmill which treated timber using PCP. While unknown at the time, PCP imported into New Zealand for use in the timber processing industry also included a percentage of impurities that contained dioxins. This case study recognises the efforts of the late Joe Harawira, 10 advocating on behalf of Sawmill Workers Against Poisons (SWAP), and Te Rūnanga o Ngāti Awa tribal authority, who brought the contamination of Kopeopeo Canal to public attention and highlighted the effects on human health and the community resulting from dioxin contamination. As kaitiaki (environmental guardians), Mr Harawira and Te Rūnanga o Ngāti Awa were instrumental in achieving central and local government support to remediate the dioxin contamination and restore the ecological health of the canal. The Kopeopeo Canal Remediation Project was established as a collaborative initiative and project partners included MfE, the Bay of Plenty Regional Council, Ngāti Awa, SWAP, and the community. 10 Mr Harawira affiliated to the Ngāti Awa and Ngāi Te Rangi tribes. He was also a long-term member of Te Herenga, EPA’s national network of Māori environmental practitioners. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 65 CASE STUDY: KOPEOPEO CANAL, BAY OF PLENTY, NORTH ISLAND The Kopeopeo Canal site was contaminated by persistent organic pollutants, PCP and dioxins. The canal underwent remediation with partial funding from the Contaminated Sites Remediation Fund. It is an example of a contaminated site going through a remediation process using the mechanisms outlined above to help with the clean up. The Kopeopeo Canal extends from the Rangitaiki Plains to the west of state highway 30. It runs east and joins the Orini Stream and then discharges into the Whakatane River. It was built during the 1920s to convey drainage and floodwaters from low-lying farmlands in the Rangitaiki Plains into the Whakatane Estuary. Between the 1950s and late 1980s, the canal was contaminated by stormwater discharges from a sawmill. This sawmill treated timber using pentachlorophenol (PCP) resulting in contamination. The remediation project intended to safely remove and treat a legacy of industrial dioxin pollution. Investigations dating back to 2005 concluded that dioxin levels in the sediment at Kopeopeo Canal were elevated resulting in eel tissue concentrations of dioxin posing a risk to human health if consumed. A human health risk assessment concluded that a 5.1 kilometre section of the canal contained sediment that required remediation to ensure risks to human health could be eliminated. The sediment had built up to the point where it was affecting the canal's ability to convey floodwater. Removal of the sediment was necessary, to ensure a flood would not result in the flood banks breaking and water flowing onto surrounding land. Investigations between December 2014 and February 2015 also showed elevated concentrations of dioxins in surface soils on stop banks located around the canal. This is likely a result of previous dredging activities. Exposure While the contaminated sediment remained in the Kopeopeo Canal, the main exposure route was through the food chain. Accumulation increases with every step in the food chain. This means eels within the canal may have been unsafe to eat. Further details on the level of dioxin exposure can be found on the Bay of Plenty Regional Council website. PCP and its contaminant dioxin no longer flow into the canal, because PCP has not been used for timber treatment in decades and the old sawmill site that the contamination originated from was closed and decommissioned in the mid-1980s. The site has been redeveloped to commercial buildings with associated parking, and the stormwater generated on it no longer contains dioxins. Remediation project The Kopeopeo Canal Remediation Project was designed to be implemented in a staged approach to remove, safely store and bioremediate up to 40,000 cubic metres of sediment. The bioremediation was estimated to take 12 years, with regular monitoring indicating how the remediation was progressing. The project’s vision was: to safely remove and treat a legacy of industrial dioxin pollution, thereby restoring the mauri (life force, vital essence) of the Kopeopeo Canal and the Whakatane River and developing their full potential to contribute to the well-being of tangata whenua (indigenous people), the community and visitors for generations to come. The project intended to enhance the natural degradation process that breaks down contaminants. In this specific project, a combination of fungi, bacteria and plants were used to help speed up the natural degradation of the dioxins. 66 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Bioremediation was chosen as the treatment method because the concentration levels were lower than those commonly found on industrial or manufacturing sites and there were no time constraints requiring a faster process. The decision to remove the sediment was necessary to address the issue of the sediment build-up affecting the canal's ability to convey floodwater. The decision was made to bioremediate the sediment rather than take it to a landfill. One factor in this decision was that the dioxin in the dewatered sediment could only go to two specific landfills, both a considerable distance from the canal. In making this decision, the council considered that the potential costs and environmental, social, and cultural effects of transporting the contaminated sediment long distances were too high, and that ex-situ bioremediation was the most sustainable option. The long distances also increased the risk of spilling the sediment as, a result of an accident. Cultural beliefs were also considered. One iwi strongly opposed the removal of the material from the rohe (tribal area) and preferred the process of 'healing the land' occurred locally. During the process, sediment was dredged from the canal, placed into geotubes and kept within fully enclosed 'containment cells'. The cells were made of earth bunds lined with a high- density polyethylene (HDPE) liner that eliminates sediment-bound contaminants from moving into the surrounding soil or groundwater. Sediment was left in place at the containment sites following treatment. The final land use for each site containing the sediment will be determined by the treatment level achieved and other site-specific controls put in place. The sediment had to be removed to ensure an extreme weather event, such as a flood, did not cause the canal to breach flood banks and affect surrounding land. Handling of the sediment Nearly five kilometres of canal was remediated. The sediment was removed using cutter- suction dredging and geotube dewatering. The technique involves removing the sediment using a mechanical cutter head directly next to a suction intake. As the sediment is disturbed, the suction pump draws it into a pipeline and transfers it to the containment site. At the containment site, the water—sediment slurry is dosed with commonly used chemicals, called flocculants, which separate the solids from the water. The separation occurs in the pipeline before being pumped into geotubes. These tubes allow the water out but keep the sediment in. The discharged water (filtrate) collects in the base of the HDPE-lined containment site before it is tested and discharged back into the canal. The cutter-suction dredge method eliminates most risks associated with potential spillages of contaminated material and dust generation. This is because sediment is transferred from the canal directly to the containment sites via a pipeline. While technical assessments carried out indicated little to no risk of air-quality effects, the consent holder kept air-quality monitoring in the consent, to provide peace of mind to surrounding residents and the general community during the works. This was a condition of the consent, and ongoing monitoring and reporting of air quality will ensure compliance. The driver for the remediation works was to mitigate risks to human health through the consumption of dioxin contaminated eels harvested from Kopeopeo Canal. The remedial area was successfully remediated to the extent practicable and to the remedial criteria standard. The containment of dredged sediment from the canal has provided for long-term bioremediation of the contaminated sediment. Ongoing monitoring of eels will evaluate exposure and uptake of residual sediment dioxin concentrations within the eel population once it re-establishes within Kopeopeo Canal. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 67 6.4.3 Per- and poly-fluoroalkyl substances contaminated sites New Zealand government agencies have investigated sites that have used specialist firefighting foams containing PFAS. These include the Ohakea, Whenuapai and Woodbourne Air Force bases and the Devonport Naval base. Local government is also leading investigations, with the support of central government, into soil and surface water contamination at non-Crown- owned sites including airports, petrochemical storage sites and a privately owned fire training area. The Government contributed $10.88 million to a rural water scheme for the Ōhakea area to provide safe drinking and stock water for the community. Unlike other areas, this rural community relied on ground and surface water for its water supply. The area is at risk from contamination and the water supply provides a long-term safeguard for the community. The Government has also released a guide outlining the process of gathering information to make decisions about the treatment of sites in New Zealand contaminated with PFAS. This document outlines the process for gathering information to make decisions about investigating, managing and remediating sites contaminated with per- and poly-fluoroalkyl substances (PFAS). It is aimed at: • contaminated land practitioners and regulatory authorities • owners, potential owners, or occupiers of sites where PFAS are present or suspected in the soil or water. The guide is an overview of the duties, functions and responsibilities of councils and landowners. It supplements the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES) and the Contaminated Land Management Guidelines. It also outlines potential funding streams for investigation and response, and considers stakeholder engagement. 68 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Chapter 7: Effectiveness of persistent organic pollutants management 7.1 Convention obligations Article 11 of the Convention requires parties to within their capabilities, encourage and/or undertake research, development and monitoring of POPs on their: • sources, releases and transport to the environment • presence, levels, trends and effects on humans and the environment • socio-economic and cultural impacts • release reduction and/or elimination • harmonised methodologies for making inventories and analytical techniques for measuring releases. In taking this action, parties shall • support and further develop international programmes aimed at research, data collection and monitoring • support efforts to strengthen national scientific and technical research capabilities • take into account the concerns and needs of developing countries to improve their capability to participate • undertake research towards alleviating the effects of POPs and make the results available to the public • encourage and/or undertake cooperation with regard to the storage and maintenance of this generated information. This chapter outlines a range of government POP-related research and monitoring. Studies undertaken before 2006 are covered from page 28 onwards of New Zealand’s NIP1 and the results have not been repeated here. 7.2 Biomonitoring 7.2.1 Concentrations of persistent organic pollutants in serum of adult New Zealanders Background The Centre for Public Health Research (CPHR) at Massey University completed a two-year study in 2013 for the Ministry of Health (MOH), which measured concentrations of selected New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 69 POPs in serum from a cross-section of adult New Zealanders. 11 Serum samples were collected from 747 randomly selected participants across a range of age groups, ethnicity, gender and geographic regions. POPs determined in this study include polychlorinated dibenzo-p-dioxin (PCDD) and polychlorinated dibenzofuran (PCDF), polychlorinated biphenyls (PCBs), organochlorine pesticides (OCPs), brominated flame retardants (BFRs) and perfluorinated compounds (PFCs). The study was designed so the association between demographic factors and serum concentration of POPs could be assessed, and to provide a direct comparison with the New Zealand serum concentrations of POPs determined 15 years earlier. Conclusion The study’s results show serum concentrations for chlorinated POPs (dioxins and furans, PCBs and organochlorine pesticides such as 1,1,1-trichloro-2, 2-bis (4-chlorophenyl) ethane (DDT) halved between 1997 and 2012. New Zealanders’ body burdens of PCDDs, PCDFs and PCBs are low by international comparison, while for OCPs they are similar or lower, compared with those reported for other developed countries. National and international action to reduce environmental contamination with PCDDs, PCDFs, PCBs and OCPs has resulted in a substantial reduction of chlorinated POPs in the New Zealand body burdens. The study provided baseline data for serum concentrations of brominated and fluorinated POPs. These were detected in all samples in an order of magnitude of nanogram per gram lipid (ng/g lipid) and nanogram per millilitre serum (ng/mL) respectively, comparable to, or less than, concentrations reported for other developed countries. Link for full details: http://publichealth.massey.ac.nz/assets/ProjectsPDF/Concentrations-of- Selected-POPs-4-October-2013-FINAL.pdf. 7.2.2 Concentrations of persistent organic pollutants in the milk of New Zealand women Background MOH undertook three consecutive breast milk surveys in 1988, 1998 and 2008 that aimed to measure individual breast milk levels of POPs in New Zealand first-time mothers aged 20 to 30 years. The last survey (2008) was conducted by CPHR at Massey University. 12 The survey was designed to provide time trend data for dioxins and furans, PCBs and OCPs and their 11 ‘t Mannetje A, Coakley J, Borman B, Douwes J, Bates M. 2013. Concentrations of Selected Persistent Organic Pollutants (POPs) in the Serum of New Zealanders. Report prepared as part of a Ministry of Health contract for scientific services. CPHR Technical Report No. 34. Wellington: Centre for Public Health Research. 12 ‘t Mannetje A, Douwes J, Duckett H, Brogan S, Emmerton L, Harding E, Brooks C, Harrad S, Ellison- Loschmann L, Smith A, Pearce N. 2010. Concentrations of persistent organic pollutants in the milk of New Zealand women. Report prepared as part of a Ministry of Health contract for scientific services. CPHR Technical Report No. 32. Wellington: Centre for Public Health Research. 70 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants metabolites, and provide baseline data for BFRs. The study followed the guidelines of the fourth World Health Organization Coordinated Survey of human milk for POPs. 13 Four study areas were included, to have representation of urban and rural areas of both the North Island and South Island. Thirty-nine women aged 20 to 30 years each provided around 200 millimetres of hand expressed breast milk and completed a questionnaire. The individual breast milk samples were analysed for 7 dioxins, 10 furans, 45 PCBs, 23 OCPs and metabolites, 36 brominated diphenyl ethers (BDEs) and 4 additional BFRs, including hexabrominated biphenyl, by high-resolution gas chromatography–high-resolution mass spectrometry. Levels were expressed in picograms per gram milk lipid. Conclusions Over the past decade, the background levels of the three classes of POPs (dioxins, furans, PCBs and OCPs) in breast-feeding women aged 20 to 30 years have continued to decline. This survey reconfirms that the New Zealand levels of these three classes of POPs in breast milk are low by international standards. The baseline data for BFRs shows that the BDEs most abundantly present in the New Zealand breast milk samples are like those reported for other countries, and that the levels are comparable to or higher than those measured in Europe, while being lower than those reported for the United States of America and Australia. Link for full details: http://publichealth.massey.ac.nz/home/research/research-projects/the- investigation-of-breast-milk-for-persistent-organic-pollutants. 7.3 Persistent organic pollutants in the New Zealand environment 7.3.1 Persistent organic pollutants in the food chain New Zealand Total Diet Study The Ministry for Primary Industries (MPI) has undertaken various studies that have included the collection of data on POPs in raw and final foods, some date back as far as 1982. Organochlorine insecticides such as aldrin, chlordane, dieldrin, lindane, endrin, hexachlorobenzene (HCB), alpha and beta hexachlorocyclohexane, heptachlor, DDT and endosulfan have all been covered in New Zealand’s total diet studies. The New Zealand Total Diet Study (NZTDS) surveys a range of the most commonly foods eaten in a typical diet, to assess New Zealanders' exposure to certain chemicals, such as agricultural compounds, contaminants and nutrients. The study is carried out, on average, every five to seven years. New Zealand Food Safety (a unit of MPI) published results for the most recent study on 24 May 2018 from 2016 data. The results show the food New Zealanders eat has a high level of safety regarding chemical hazards that might be present in the food supply. Exposure to agricultural chemicals and contaminants from food remains low. 13 World Health Organization. 2007. Fourth WHO-Coordinated Survey of Human Milk for Persistent Organic Pollutants in Cooperation with UNEP: Guidelines for Developing a National Protocol. Geneva, Switzerland: World Health Organization. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 71 The 2016 survey tested for aldrin, chlordane, DDT, endrin, heptachlor, HCB and endosulfan. All, except for two, of these POPs were not detected at all during testing. DDT and dieldrin were detected during data collection. Analysis for organochlorine insecticides has been a critical component for the NZTDS. The presence of DDT and dieldrin in the environment, despite being banned in New Zealand, is persistent so residues are still found occasionally in food samples. Health-based guidance values (HBGVs) have been established for both DDT and dieldrin that enable the dietary exposures to be characterised. The HBGVs are 0.1 micrograms per kilogram body weight per day for dieldrin and 10 micrograms per kilogram body weight per day for DDT. DDT Dietary exposure to DDT has shown a consistent downward trend over time, and this continued in the 2016 data. The ongoing trend in the decrease in DDT exposure suggests any dietary risk will also continue to decrease as the compounds in the environment gradually degrade. The dietary exposure for 19- to 24-year-old males has decreased from 0.38 milligrams per kilogram body weight per day in 1974/75 to 0.008 milligrams per kilogram body weight per day in 2016. Testing showed that only three samples contained DDT residue (table 29). Table 29: DDT contained residue in samples (milligrams per kilogram) Sample Mean (mg/kg) Beef, mince 0.002 Butter 0.003 Lamb – mutton 0.003 Source: Ministry for Primary Industries, 2018b The DDT detections are all within animal products, and this is consistent with the pattern of occurrence observed in the 2009 NZTDS and previous NZTDSs. The detections likely represent the accumulation in fatty animal tissues of DDT that still persist in New Zealand soils decades after its use were banned. Dieldrin Dieldrin was detected in one sample each of courgettes and pumpkins. A consistent pattern of dieldrin in cucurbit crops was also reported in previous NZTDSs. The result of 0.04 milligrams per kilogram in the pumpkin sample, however, is higher than in 2009 or 2003/04. Estimated dietary exposure to dieldrin increased in 2016, compared with the 2009 NZDTS. For infants, the estimated dietary exposure was 32 times higher in 2016 than in 2009. However, the single result in one pumpkin accounts for most of the exposure and is the reason for the significant increase in dietary dieldrin exposure since the previous NZTDS. Link for full details: www.mpi.govt.nz/food-safety/food-monitoring-and-surveillance/new- zealand-total-diet-study. 72 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Per- and poly-fluoroalkyl substances survey As a follow-on activity to the 2016 NZTDS, 12 food groups (96 samples) were analysed for 29 per- and poly-fluoroalkyl substances (PFAS). 14 No detections were reported for perfluorooctane sulfonic acid (PFOS) or perfluorooctanoic acid (PFOA) in any of the foods analysed. Only a single detection of any PFAS compound (perfluorohexanoic acid) was reported in the analysed foods samples. Exposure estimates for PFOS and PFOA, assuming presence up to the analytical limit of quantification, fell below the Australian and New Zealand health-based guidance values. Link for full details: www.mpi.govt.nz/dmsdocument/31077-per-and-poly-fluorinated-alkyl- substances-pfas-in-selected-new-zealand-foods-survey-report. Ministry for Primary Industries: Report on the targeted surveillance of milk from animals potentially exposed to petrochemical mining wastes In 2014, MPI conducted targeted surveillance of milk from 20 dairy farms, to assess the safety of milk from animals potentially exposed to farmland used for the bioremediation of solid wastes from petrochemical mining. 15 This included testing for polybrominated diphenyl ethers (PBDEs), the most prevalent of which is decabromodiphenyl ether (commercial mixture, c-decaBDE), which was listed under the Convention in 2017. Only two samples tested positive for trace levels of PBDEs (one from a farm with a landfill and one from a farm that has had disposal of wastes using the ‘mix-bury-cover’ method). One milk sample contained 2.34 nanograms per kilogram of BDE#99 and the other contained 2.04 nanograms per kilogram of BDE#99, 3.73 nanograms per kilogram of BDE#47 and 0.466 nanograms per kilogram of BDE#100. The levels reported from the land farming sites are within the ranges reported in other countries. The report concluded only very low levels of some of the chemical compounds that were tested for were found, and these did not present a risk to consumers. Link for full details: www.mpi.govt.nz/dmsdocument/4391/send. National Chemical Contaminants Programme – dairy products and raw milk The National Chemical Contaminants Programme is authorised under New Zealand legislation (Animal Product Act 1999) in the Animal Products Notice: Monitoring Regimes. The NCCP verifies the contaminant control system and enables MPI to assess the effectiveness of the New Zealand regulatory programme in preventing the risk of contamination (amongst other objectives). Monitoring under the programme dates to 1997. The NCCP in its current form was moved under MPI's full administrative control in 2002. The National Chemical Contaminants Programme 2020 report provides results for dioxins, dioxin-like PCBs and some non-dioxin like PCBs (indicator PCBs) in a range of dairy products and milk, sampled over the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 and 2019/20) dairy seasons. The samples came from a range of dairy products manufactured in New Zealand, 14 Andrew P. 2018. Per- and poly- fluorinated alkyl substances (PFAS) in selected New Zealand foods. New Zealand Food Safety Technical Report No: 2018/07. Wellington: Ministry for Primary Industries. 15 Ministry for Primary Industries. 2014. Report on the targeted surveillance of milk from animals potentially exposed to petrochemical mining wastes. Wellington: Ministry for Primary Industries. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 73 including anhydrous milk fat, butter, cheese and cream. The results support the conclusion that contaminant levels in New Zealand dairy products are well below any levels of concern. New Zealand is an isolated country and not heavily industrialised. This means the risk of dioxins or PCBs entering the milk supply is low. Although historical surveys have shown this, dairy products and milk are still monitored on an annual basis. The NCCP monitoring programme ensures an elevated level of confidence can be maintained in the safety and suitability of New Zealand's dairy products. Results do not exceed the most appropriate science-based overseas standards for dioxins and PCBs. Although historical surveys have shown this, dairy products and milk are still monitored annually. Test results were compared to the European Union (EU) limits for dioxins and PCBs in food. These limits are outlined in the 2020 report document. None of the samples recorded detections exceeding either the EU action levels (early warning system) or EU regulatory maximum levels threshold. This link contains all the annual reporting on raw milk and dairy products for organochlorines: https://www.mpi.govt.nz/food-business/dairy-products-processing-manufacture-testing- requirements/monitoring-testing-dairy-products/documents-for-nccp/. 7.3.2 Persistent organic pollutants in fresh water In 2014, the Institute of Environmental Science and Research (ESR), a Crown research institute, coordinated the seventh survey of pesticides in groundwater throughout New Zealand. This survey has been completed every four years, since 1990. In total, 165 well samples were taken. Only one POP was detected – dieldrin – in one well at a concentration of 0.043 milligrams per cubic metres. This slightly exceeded the maximum acceptable value for drinking water (0.04 milligrams per cubic metres). Dieldrin was widely used on New Zealand farms during the 1960s to control ectoparasites. Most farms would have had a sheep or cattle dip site during this time. Although dieldrin has not been used in New Zealand since the 1960s, its persistent nature means it can be detected in the soil where dip-site wastewater was disposed of and occasionally in the underlying groundwater. Testing will continue through the ESR survey every four years. Link for full details: www.marlborough.govt.nz/repository/libraries/id:1w1mps0ir17q9sgxanf9/ hierarchy/Documents/Environment/Groundwater/Groundwater%20Reports%202015%20List/ National_Survey_of_Pesticides_in_Groundwater_Report_final.pdf. 7.3.3 Persistent organic pollutants in land The Our Land 2018 report, published by MfE and Stats NZ, states that we know what kind of land contamination can happen in New Zealand and how chemicals may affect human and environmental health. However, it is not possible to report on the overall extent of land contamination. 16 POPs commonly found in contaminated land are persistent pesticides historically used for animal and timber treatments, such as DDT, dieldrin and pentachlorophenol (PCP). In 2017, PFAS and the compounds PFOS, PFOA and PFHxS, in particular, emerged as contaminants of concern for New Zealand. More information about contaminated land and PFAS contamination is given in chapter 6. 16 Ministry for the Environment & Statistics New Zealand. 2018a. New Zealand’s Environmental Reporting Series: Our land 2018. Retrieved from www.mfe.govt.nz and www.stats.govt.nz. 74 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 7.3.4 Persistent organic pollutants in air New Zealand is the only Organisation for Economic Co-operation and Development country without a pollutant release and tracking register. The Our air 2018 report, published by MfE and Stats NZ, notes that having such a register would increase the accuracy of reporting industry emissions, particularly for hazardous air pollutants (including POPs). However, the particular requirement to estimate releases of unintentional POPs (addressed under Article 5) is being undertaken at a national level. Records are kept of the quantities of the intentional POPs being collected and disposed of. In addition, New Zealand has implemented the Resource Management (National Environmental Standards for Air Quality) Regulations 2004, which ban activities that discharge significant quantities of dioxin and other toxins into the air (see more in chapters 1 and 5). 7.4 Health support services NIP1 referenced research on the health significance to workers and former workers of past occupational exposures to dioxin. Since 2007, MOH has funded two health support services for chemically exposed populations. One service is provided for residents of Paritutu, New Plymouth, who were exposed to dioxins during the 1960s to 1980s because of an agrichemical plant operating in the area (see Box 4). The second service is provided to former sawmill workers across New Zealand who handled PCP during the 1950s to 1980s (see Box 5). Box 4: Support service for people exposed to dioxin • The Ministry of Health launched this service on 1 July 2008 for people exposed to dioxin. • Services include: ‒ information and advice for residents, health practitioners and members of the public about dioxins, dioxin exposures in New Zealand, and potential health risks ‒ an annual health check-up ‒ other health services: smoking cessation, physical activity and nutrition support, primary mental health care, or genetic counselling ‒ serum dioxin testing in some circumstances. People are eligible if they: • lived or worked or went to school near the former Ivon Watkins-Dow factory in Paritutu, New Plymouth, between 1962 and 1987 • are entitled to use publicly funded health services in New Zealand (eg, New Zealand citizens). Link for more details: www.health.govt.nz/our-work/environmental-health/dioxins/dioxins- health-support-services/support-service-dioxin-exposed-people. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 75 Box 5: Special support service for former sawmill workers exposed to pentachlorophenol The Special Support Service for Former Sawmill Workers Exposed to Pentachlorophenol (PCP) is designed to assess the health needs of workers who were exposed to PCP and other toxic chemicals at sawmills during 1950s to 1980s, and to help them access services to support wellness. • The sawmill workers service was announced on 23 June 2010. • Services include: ‒ information and advice for doctors, other health practitioners, and former sawmill workers and their families about historical exposure to PCP and subsequent health risks ‒ a free annual health check provided by a doctor ‒ access to health promotion initiatives, like programmes to reduce cancer risk ‒ counselling and other primary mental health services ‒ help to access other social services that they are entitled to. People are eligible if they: • worked in a sawmill where PCP was used • worked in jobs that used PCP chemicals or came into contact with PCP baths/tanks or if they worked with timber that was still wet from the PCP treatment process • worked in these jobs for at least one year • are entitled to use publicly funded health services in New Zealand (eg, New Zealand citizens). Link for more details: www.health.govt.nz/our-work/environmental-health/dioxins/dioxins- health-support-services/special-support-service-former-sawmill-workers-exposed-pcp. 76 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants Chapter 8: Other Stockholm Convention obligations 8.1 Convention obligations Previous chapters have covered New Zealand’s activities to meet its obligations under Articles 3 to 8 and 11 of the Convention. This chapter covers New Zealand’s activities for Articles 9, 10, 12 and 13. The remaining articles concern the international administration of the Convention and are not considered relevant to this national implementation plan. 8.2 Information exchange Article 9 of the Convention requires parties to facilitate or undertake information exchange relevant to: • the reduction or elimination of the production, use and release of persistent organic pollutants (POPs) • alternatives to POPs, including information relating to their risks and socio-economic costs. The Ministry for the Environment (MfE) is New Zealand’s designated focal point for the Convention and provides and exchanges information with parties to the Convention either directly or via the Convention Secretariat. 8.3 Public and stakeholder information and awareness New Zealand’s government agencies consider the requirements of Article 10 when implementing the measures of the Convention. Article 10 (paraphrased) requires parties to promote and facilitate awareness of POPs among policy- and decision-makers, and, along with industry and professional users, to provide up-to-date information to the public as well as appropriate education and training programmes. Public participation in implementing and developing responses to the Convention is emphasised. The mechanism by which to estimate the annual quantities of POPs released or disposed of should also be considered. Information on Stockholm Convention on Persistent Organic Pollutants is available on the MfE website. This includes links to research undertaken on POPs, such as studies on brominated flame retardants (BFRs) and hexabromocyclododecane (HBCD) (see chapter 6). The EPA website also contains information on POPs. Reports relating to the monitoring of POPs in New Zealand are generally placed on the website of the agency that undertook the work. In line with New Zealand’s practice to consult with stakeholders on environmental decision- making, EPA undertakes regular consultation with the public when implementing new chemical listings, for example, the June 2018 consultation on updating New Zealand’s implementation of the Stockholm and Rotterdam conventions. New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 77 An all of government national per- and poly-fluoroalkyl substances (PFAS) programme has been established, in response to the presence of PFAS chemicals at Ohakea, Whenuapai and Woodbourne Air Force bases and the Devonport Naval base. An overview of the national programme is available on the MfE website, which is updated when latest information is available. The All of Government National PFAS Programme is taking an open approach and proactively releasing information to the public. This includes copies of briefing notes and cabinet papers provided to the Government, to ensure a high level of transparency is given to the process. 8.4 Technical and financial assistance New Zealand has not provided or received technical assistance, in accordance with Article 12. However, New Zealand (MfE and EPA) undertakes environmental cooperation on POPs with other countries in several ways (these activities could not happen recently due to the COVID- 19 pandemic). This includes regular study exchanges with China since 2010 on chemicals, POPs and contaminated site management. In addition, MfE and EPA have hosted a study tour from Malaysia to help with its ratification of the Stockholm Convention. This environmental cooperation on POPs has been useful for an exchange of ideas, information and approaches to implementing the Convention. Since December 2016, MfE has attended working group meetings and conferences on Remediation for Soil and Groundwater Pollution of Asian and Pacific Region hosted by the Taiwan EPA. These meeting and conferences to held share experiences of managing contaminated sites, including POPs contaminated sites, between the twelve member nations and to keep up to date with advances in knowledge and technologies for the investigation and remediation of contaminated land. New Zealand meets its obligations to provide financial assistance under Article 13 of the Convention via regular contributions to the Global Environment Facility (GEF) for the implementation of multilateral environmental agreements, including the Convention detailed as in the following: New Zealand’s Annual Contributions to the GEF • 2018: GEF06 NZD$1,867,500 • 2019: GEF07 NZD$2,000,750 + NZD$4,000,000 • 2020: GEF07 NZD$2,000,750 Total for period 2018–20: NZD$9,869,000 Further Information • GEF funding is a commitment process covering multiple years. • GEF06 is a commitment to pay NZ$7.470 million over 10 years, acknowledging debt from Nov-14 and starting payments in Jan-2016 until Apr-24. • GEF07 is a commitment to pay NZ$8.003 million over 10 years, acknowledging debt from May-19 and starting payments in May-2019 until Oct-28 (*plus extra NZ$4M paid Jun- 2018 as one-off Grant). 78 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants New Zealand’s Annual Contributions to UNEP • 2018: USD$361,800 • 2019: USD $361,800 • 2020: USD $361,800 Total for period 2018–20: USD$1,085,400 New Zealand annual contributions to SPREP New Zealand also contributes to the administration of the Secretariat of the Pacific Regional Environment Programme, in accordance with its funding priorities. For 2014/15 to 2017/18, New Zealand contributed nearly NZ$6.1 million (current figures are not available at the date of this publication). Furthermore, the EPA and MfE gave a presentation during a regional training on national frameworks and illegal traffic and trade in Pacific in 2022 to give an insight on the New Zealand system for all participating countries. This gave an opportunity to present our national system as a well working example of a national legal and institutional frameworks in this area. The Secretariat of the Pacific Regional Environment Programme provides, among other things, assistance to Pacific Island developing states on implementing waste management programmes. New Zealand also contributes to the United Nations Environment Programme; for 2013/14 to 2017/18 New Zealand contributed around USD$2.3 million. 8.5 Reporting New Zealand has submitted five national reports, in line with Article 15 of the Convention; links are listed in table 30. A national report contains information on the measures taken by a Party in implementing the Stockholm Convention. The information provided in the national reports is one of the main references to be used for the evaluation of the effectiveness of the Convention in accordance with Article 16 including the progress towards the elimination of polychlorinated biphenyls (PCBs). Table 30: New Zealand’s National Reports Report Link to full details National Submission date: 19/04/2007 Report 1 http://chm.pops.int/Countries/NationalReports/FirstRoundofPartyReports/tabid/254/Default.aspx National Submission date: 4/11/2010 Report 2 http://chm.pops.int/Countries/NationalReports/SecondRoundofPartyReports/tabid/1315/Default.aspx National Submission date: 29/08/2014 Report 3 http://chm.pops.int/Countries/NationalReports/ThirdRoundPartyReports/tabid/4470/Default.aspx National Submission date: 31/08/2018 Report 4 http://chm.pops.int/Countries/NationalReports/FourthRoundPartyReports/tabid/6346/Default.aspx National Submission date: 31/08/2022 Report 5 http://chm.pops.int/Countries/Reporting/NationalReports/FifthRoundPartyReports/tabid/9026/Default.as px New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 79 Glossary ACVM Agricultural Compounds and Veterinary Medicines Alpha-HCH Alpha hexachlorocyclohexane Basel Convention Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal BAT/BEP Best available techniques/best environmental practices BDE Bromodiphenyl ether Beta-HCH Beta hexachlorocyclohexane BFRs Brominated flame retardants c-decaBDE Commercial mixture decabromodiphenyl ether c-octaBDE Commercial octaBDE c-pentaBDE Commercial pentabromodiphenyl ether Convention Stockholm Convention on Persistent Organic Pollutants CPHR Centre for Public Health Research CSRF Contaminated Sites Remediation Fund Customs New Zealand Customs Service DDT 1,1,1-trichloro-2, 2-bis (4-chlorophenyl) ethane DecaBDE Decabromodiphenyl ether EPA Environmental Protection Authority EPS Expanded polystyrene ESR Institute of Environmental Science and Research EU European Union HAIL Hazardous Activities and Industries List HBCD Hexabromocyclododecane HBGVs Health-based guidance values HCB Hexachlorobenzene HCBD Hexachlorobutadiene HCH Hexachlorocyclohexane HDPE high-density polyethylene HeptaBDE Heptabromodiphenyl ether HexaBDE Hexabromodiphenyl ether HSNO Hazardous Substances and New Organisms HSWA Health and Safety at Work Act 2015 HSWA HS Regulations Health and Safety at Work (Hazardous Substances) Regulations 2017 80 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants I&E Order Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 MBIE Ministry of Business, Innovation and Employment MfE Ministry for the Environment MOH Ministry of Health MPI Ministry for Primary Industries MFAT Ministry of Foreign Affairs and Trade NESCS Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 NCCP National Chemical Contaminants Programme NIP National Implementation Plan NIP1 National Implementation Plan 2006 NIP2 National Implementation Plan 2018 NIP3 National Implementation Plan 2022 NZTDS New Zealand Total Diet Study OCPs Organochlorine pesticides PBDEs Polybrominated diphenyl ethers PCBs Polychlorinated biphenyls PCDDs Polychlorinated dibenzo-p-dioxins PCDFs Polychlorinated dibenzofurans PCNs Polychlorinated naphthalenes PCP Pentachlorophenol PeCB Pentachlorobenzene PentaBDE Pentabromodiphenyl ether POPs Persistent organic pollutants PFAS Per- and poly-fluoroalkyl substances PFCs Perfluorinated compounds PFOA Perfluorooctanoic acid PFHxS Perfluorohexane sulfonate PFOS Perfluorooctane sulfonic acid PFOS-F Perfluorooctane sulfonyl fluoride PVC Polyvinylchloride RMA Resource Management Act 1991 SCCPs Short-chain chlorinated paraffins SWAP Sawmill Workers Against Poisons TetraBDE Tetrabromodiphenyl ether New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants 81 UNEP United Nations Environment Programme WMA Waste Minimisation Act 2008 XPS Extruded polystyrene 82 New Zealand’s updated National Implementation Plan under the Stockholm Convention on Persistent Organic Pollutants References Agrecovery Foundation. 2018. 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