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Editor's Note: This article was originally published in September 2024 to analyze the draft proposal to list 5 chemicals in IChEMS Register and revise exisiting IChEMS standards for 4 chemicals, and was updated on December 5, 2024 to introduce the finalized version.
On December 7, 2024, the proposed scheduling decisions for five chemicals and variations to existing standards for four chemicals were adopted under the Industrial Chemical Environmental Management Scheme (IChEMS). More specifically,
"Hexachlorobenzene (HCBs)", "polychlorinated biphenyls (PCBs)", and "polychlorinated terphenyls (PCTs)" are included in IChEMS Register Schedule 7. Prohibitions from import, export, manufacture, or use within Australia will apply from July 1, 2025, provided with limited exemptions for unintentional trace contamination, research, disposal, and for articles (products) in use prior to the effective date.
"Lauryl (dodecyl) sulfates" and "Linear alkylbenzene sulfonates" are included in IChEMS Register Schedule 3. Each target chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards.
Variations to exsiting IChEMS standards include:
Remove the exemption condition “for research and laboratory purposes” from the prohibition on the use of "Pentachlorobenzene (PeCB)".
Broaden the exemption scope of unintentional trace contamination for "perfluorooctanesulfonic acid (PFOS) and related substances", not limited to “UTCs present in the articles”.
Adjust some wording in the IChEMS instrument of "perfluorooctanoic acid (PFOA) and related substances", and "short chain chlorinated paraffins (SCCPs)" for more appropriate interpretation.
The latest scheduling decisions can be searched here. The search results provide control measures to manage the environmental risks of listed chemicals as well.
Proposed draft in September 2024:
The Australian Department of Climate Change, Energy, the Environment and Water (DCCEEW) recently opened a public consultation to seek feedback on the proposed scheduling decisions for 5 groups of chemicals and their specific risk management measures under the IChEMS. The consultation also covers the proposed variations to the existing IChEMS standards for 4 groups of chemicals. Feedback is welcome before October 25, 2024.
*Notably, under the Industrial Chemicals Environmental Management Standard (IChEMS), risk management measures apply only to industrial chemicals (including mixtures containing them) and industrial uses. Other chemical applications, such as for veterinary or medicinal uses, are outside the scope of IChEMS and are managed under separate regulatory frameworks.
Proposed decisions
POPs control
Hexachlorobenzene (HCBs), polychlorinated biphenyls (PCBs), and polychlorinated terphenyls (PCTs) are persistent organic pollutants (POPs) of high risk to the environment, which have been listed under the Stockholm Convention. They are now proposed for inclusion in IChEMS Register Schedule 7. Prohibitions from import, export, manufacture, or use within Australia will apply, provided with limited exemptions for unintentional trace contamination, research, disposal, and for articles (products) in use prior to the date of effect of the decisions. According to the WTO notification G/TBT/N/AUS/175, these proposed scheduling decisions are likely to be adopted by December 31, 2024. If adopted, they will take effect on July 1, 2025, providing stakeholders time to prepare for the prohibitions on these chemicals beforehand.
Details on the proposed risk management measures and exemption conditions are specified in each consultation paper. See links below.
Lower-concern chemicals management
"Lauryl (dodecyl) sulfates" and "Linear alkylbenzene sulfonates" are groups of chemicals used in high volumes in Australia as surfactants in various domestic, cleaning and industrial products. According to AICIS evaluation results, these chemicals are considered having potential to cause harm to the environment. They are proposed for inclusion in IChEMS Register Schedule 3. Each target chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards.
Proposed variations
Pentachlorobenzene (PeCB), perfluorooctanesulfonic acid (PFOS) and related substances, perfluorooctanoic acid (PFOA) and related substances, and short chain chlorinated paraffins (SCCPs) are POPs that have already been included in IChEMS Register Schedule 7 in late 2023 (read more). Prohibitions for PeCB and SCCPs took effect on July 1, 2024, and prohibitions for PFOS-related chemicals and PFOA-related chemicals will commence on July 1, 2025. To better control these POPs in practical scenarios, variations to the existing IChEMS standards are proposed this time.
Clarification of exemption condition
To remove the exemption condition “for research and laboratory purposes” from the prohibition on the use of PeCB.
To broaden the exemption scope of unintentional trace contamination for PFOS-related chemicals, not limited to “UTCs present in the articles”.
Adjustment of certain wording
To adjust some wording in the IChEMS instrument of PFOA-related chemicals and SCCPs for more appropriate interpretation.
Variations are marked in red on a yellow background in each consultation paper.
IChEMS and IChEMS Register IChEMS is a national approach to managing chemical use, storage, handling and disposal in Australia, which will provide more consistent regulation and make it easier for the industry to choose less harmful chemicals. As per the Industrial Chemicals Environmental Management (Register) Act, industrial chemicals circulated in Australia will be listed on the IChEMS Register in 7 schedules based on their environmental risks. Schedule 7 chemicals are the highest concern and pose the greatest risk to the environment. They are typically prohibited or severely restricted. Schedule 1 chemicals are the lowest risk.
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