We have recently reviewed the status of used/waste oil under the Hazardous Substances and New Organisms Act (HSNO).
The HSNO Act prohibits the import or manufacture of a hazardous substance unless it is done in accordance with an approval, which sets controls for the substance throughout its lifecycle, such as requirements for storage, identification, emergency management and disposal.
The approval covers the lifecycle of the substance, until it is:
- disposed of, in accordance with the controls on the approval (for example, treating it so that it is no longer a hazardous substance, or exporting it from New Zealand as a waste); or
- required to have a new approval (because a new hazardous substance has been manufactured, for example).
This means used/waste oil may be covered by the HSNO Act in one of two ways. Either the HSNO controls that apply to the unused oil continue to apply when it has been used, or a new hazardous substance may have been manufactured which would require approval under the HSNO Act.
This may have implications for some used/waste oil producers, collectors and users, given that it is a change from advice previously given by ERMA New Zealand. However, we expect most organisations that are already managing their used/waste oil under legislation such as the Resource Management Act, the Waste Minimisation Act, and other formal guidance, will be largely compliant under HSNO.
Collectors or users storing used/waste oil in bulk tanks may also need to get HSNO certification for the tanks to verify they are safe.
We will be working closely with enforcement agencies and industry to make sure any changes are made with the minimum cost or disruption to industry.
For further information, or to find out whether this affects you, contact the EPA hazardous substances information line on 0800 376 234, or email firstname.lastname@example.org.