SG 10/24
Australia has prohibited several persistent organic pollutants. These prohibitions will be implemented in phases, starting July 2024.
In December 2023, Australia issued Industrial Chemicals Environment Management (Register) Amendment (2023 Measures No. 1) Instrument 2023 (the Amendment) to designate several persistent organic pollutants (POP) to Schedules 6 and 7 under the Industrial Chemicals Environment Management (Register) Instrument 2022 (IChEMS Register), a register where chemicals are assigned to one of seven schedules based on their risk characteristics.
Industrial chemicals under Schedules 6 and 7 to the IChEMS Register are of greatest environmental concern and have tighter controls. Schedule 6 chemicals are industrial chemicals that are likely to cause serious or irreversible harm to the environment with essential uses. Industrial chemicals under Schedule 7 have the same characteristics as Schedule 6 chemicals, but with no essential uses.
The Amendment has designated nona- and decaBDE as Schedule 6 chemicals. Chemicals and products containing these chemicals will be prohibited from import, manufacture, use and export, with derogations for unintentional trace contamination (UTC), time limited essential end uses, disposal, and for articles (products) in use prior to the effective date of the decision.
Additionally, the following eight chemicals/classes of chemicals have been assigned to Schedule 7 of the IChEMS Register:
- Hexabromocyclododecane (HBCDD)
- Tetrabromodiphenyl ether (tetraBDE) and pentaBDE
- Hexa-, hepta- and octaBDE
- Pentachlorobenzene (PeCB)
- Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds
- Perfluorooctanesulfonic acid (PFOS), its salts, perfluorooctanesulfonyl fluoride (PFOS-F) and PFOS-related compounds
- Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds
- Short-chain chlorinated paraffins (SCCP)
The assigning of chemicals and products containing such chemicals to Schedule 7 of the IChEMS will prohibit their import, manufacture, use and export, with limited derogations for unintentional trace contamination (UTC), disposal, and for articles (products) in use prior to the effective date of the decision.
Highlights of several provisions on the presence of the substance/substance class as a UTC in the Amendment are summarized in Table 1.
| Substance class | Scope | Requirement for presence as UTC | Effective date |
|---|---|---|---|
| HBCDD, including α-, β- and γ-HBCDD |
| ≤ 100 mg/kg | July 1, 2024** |
| PeCB |
| Level at which the chemical cannot be meaningfully used | July 1, 2024** |
| SCCP |
| ≤ 10,000 mg/kg (1%) | July 1, 2024** |
| ≤ 1,500 mg/kg (0.15%) | ||
| Tetra-*, penta-*, hexa-*, hepta-* and octaBDE* |
| ≤ 10 mg/kg for each of tetra-, penta-, hexa-, hepta- and octaBDE | July 1, 2024** |
| ≤ 500 mg/kg for sum of tetra-, penta-, hexa-, hepta-, octa-, nona- and decaBDE | ||
| Nona-* and decaBDE |
| ≤ 10 mg/kg for each of nona- and decaBDE | July 1, 2025** |
| ≤ 500 mg/kg for sum of tetra-, penta-, hexa-, hepta-, octa-, nona- and decaBD | ||
| PFHxS and its salts |
| ≤ 0.025 mg/kg | July 1, 2025** |
| PFHxS-related compounds | ≤ 1 mg/kg (individually and sum) | ||
| PFOA and its salts |
| ≤ 0.025 mg/kg | July 1, 2025** |
| PFOA-related compounds | ≤ 1 mg/kg (individually and sum) | ||
| PFOS, its salts and PFOS-F |
| ≤ 0.025 mg/kg | July 1, 2025** |
| PFOS-related compounds | ≤ 1 mg/kg (individually and sum) |
*All congeners for tetra-, penta-, hexa-, hepta-, octa- and nonaBDE
**Import, export, manufacture and use
Table 1
It is important to note that Australia has regulated hexabromobiphenyls, hexachlorobuta-1,3-butadiene (CAS 87-68-3) and polychlorinated naphthalenes as Schedule 7 chemicals since July 2023.
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