Industrial Chemicals Environmental Management (Register) Amendment (2024 Measures No. 2) Instrument 2024
I, Rachel Burgess, delegate of the Minister for the Environment and Water, make the following instrument.
Dated 02 December 2024
Rachel Burgess
Branch Head
Chemicals and Atmosphere Branch
Department of Climate Change, Energy, the Environment and Water
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Industrial Chemicals Environmental Management (Register) Instrument 2022
This instrument is the Industrial Chemicals Environmental Management (Register) Amendment (2024 Measures No. 2) Instrument 2024.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. |
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Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under subsection 22(1) of the Industrial Chemicals Environmental Management (Register) Act 2021.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Industrial Chemicals Environmental Management (Register) Instrument 2022
Insert:
Polychlorinated Biphenyls Management Plan means the Polychlorinated Biphenyls Management Plan published by the Australian and New Zealand Environment and Conservation Council in November 1996, as existing from time to time.
2 Schedule 3 (at the end of the table)
Add:
Chemical class name: Lauryl (dodecyl) sulfates CAS numbers: 151-41-7, 151-21-3, 2235-54-3, 3097-08-3, 4706-78-9 This chemical class includes the following substances: lauryl sulfate, sodium lauryl sulfate, ammonium lauryl sulfate, magnesium lauryl sulfate, and potassium lauryl sulfate.
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Chemical class name: Linear alkylbenzene sulfonates CAS numbers: 27176-87-0, 121-65-3, 1322-98-1, 1331-61-9, 2211-98-5, 12068-08-5, 14356-38-8, 25155-30-0, 22967-67-5, 26264-06-2, 26836-07-7, 27177-77-1, 27479-45-4, 29061-63-0, 58089-99-9, 68081-81-2, 63428-97-7, 67952-66-3, 68411-30-3, 68442-72-8, 68584-22-5, 68584-23-6, 68584-27-0, 68910-31-6, 68910-32-7, 69669-44-9, 85480-54-2, 85480-55-3, 85480-57-5, 85536-14-7, 85995-82-0, 85995-83-1, 90194-26-6, 90194-29-9, 90194-30-2, 91696-66-1, 97467-80-6, 103818-94-6, 127184-52-5 This class of chemicals include salts of alkylbenzene sulfonic acid where the alkyl chain is linear with a length between 10 and 16 carbon atoms. |
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3 Schedule 7 (before table item dealing with the relevant industrial chemical with the Chemical name 1,3-Butadiene, 1,1,2,3,4,4-hexachloro CAS number: 87-68-3)
Insert:
Chemical class name: 1,1'-Biphenyl, chloro derivatives (Polychlorinated biphenyls, PCBs) CAS number: 1336-36-3 (PCB unspecified congeners). All commercial mixtures and 209 congeners are included in the definition. |
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(i) in dyes and pigments where the class of chemicals is present as unintentional trace contamination at a level equal to or below 50 mg/kg as the sum of all congeners (to be reviewed by the department after 1 July 2028); or (ii) in circumstances where the class of chemicals is present as unintentional trace contamination at a level equal to or below 2 mg/kg as the sum of all congeners; or (iii) for research or laboratory purposes.
(i) in dyes and pigments where the class of chemicals is present as unintentional trace contamination at a level equal to or below 50 mg/kg as the sum of all congeners (to be reviewed by the department after 1 July 2028); or (ii) in circumstances where the class of chemicals is present as unintentional trace contamination at a level equal to or below 2 mg/kg as the sum of all congeners; or (iii) for research or laboratory purposes; or (iv) if a hazardous waste permit authorises the import or export of the class of chemicals.
(i) in dyes and pigments where the class of chemicals is present as unintentional trace contamination at a level equal to or below 50 mg/kg as the sum of all congeners (to be reviewed by the department after 1 July 2028); or (ii) in circumstances where the class of chemicals is present as unintentional trace contamination at a level equal to or below 2 mg/kg as the sum of all congeners; or (iii) for research or laboratory purposes; or (iv) for the purposes of environmentally sound disposal; or (v) in circumstances in which articles containing the class of chemicals at a concentration less than 50 mg/kg (as the sum of all congeners), that are already in use on or before 1 July 2025.
(i) the specifications for management, transportation, storage, treatment and disposal in accordance with the Polychlorinated Biphenyls Management Plan; and (ii) applicable laws of the Commonwealth or of the relevant State for the control of industrial chemicals.
(i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics; or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option.
(i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (h) and (i); and (iii) comply with all relevant laws that apply in the relevant jurisdiction.
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4 Schedule 7 (table item dealing with the relevant industrial chemical with the Chemical name: Benzene, 1,2,3,4,5-pentachloro- CAS number: 608-93-5, column 3, after subparagraph (c)(ii))
Add:
; or (iii) for research and laboratory purposes.
5 Schedule 7 (table item dealing with the relevant industrial chemical with the Chemical name: Benzene, 1,2,3,4,5-pentachloro- CAS number: 608-93-5, column 3, paragraph (e)(ii))
Omit “stored”, substitute “managed”.
6 Schedule 7 (after table item dealing with the relevant industrial chemical with the Chemical name: Hexabromocyclododecane, meaning 1,2,5,6,9,10-hexabromocyclodecane and including its main diastereoisomers: alpha-hexabromocyclodecane; beta-hexabromocyclodecane; gamma-hexabromocyclodecane CAS numbers: 25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7 and 134237-52-8)
Insert:
Chemical name: Benzene, hexachloro- (Hexachlorobenzene)
CAS number: 118-74-1 |
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(i) in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 10 mg/kg; or (ii) research or laboratory purposes.
(i) in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 10 mg/kg; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste permit authorises the import or export of the chemical.
(i) in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 10 mg/kg; or (ii) for research or laboratory purposes; or (iii) for the purposes of environmentally sound disposal; or (iv) in circumstances in which the article is already in use on or before 1 July 2025.
(i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics; or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option.
(i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (h) and (i); and (iii) comply with all relevant laws that apply in the relevant jurisdiction.
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7 Schedule 7 (table item dealing with the relevant industrial chemical with the Class name: Perfluorooctanesulfonic acid (PFOS), including any of its branched isomers, its salts, perfluorooctanesulfonyl fluoride, and any substance containing a linear or branched perfluorooctanesulfonyl moiety and capable of degrading to PFOS (linear or branched)., column 3, paragraph (c)(i))
Omit “in the article”.
8 Schedule 7 (table item dealing with the relevant industrial chemical with the Class name: Perfluorooctanoic acid (PFOA), including any of its branched isomers, its salts and any related compound that contains a linear or branched perfluoroheptyl (C7H15C) group and which can degrade to linear or branched PFOA. Notwithstanding the above, the following are not PFOA related compounds: (a) C8F17-X, where X = F, Cl, Br; (b) fluoropolymers that are covered by CF3 [CF2]n-R’, where R’=any group, n >16; (c) perfluoroalkyl carboxylic acids and their derivatives with ≥ 8 perfluorinated carbons; (d) perfluoroalkane sulfonic acids and perfluoro phosphonic acids and their derivatives with ≥ 9 perfluorinated carbons; (e) perfluorooctane sulfonic acid and its derivatives (PFOS), as listed in this register.)
Repeal the item, substitute:
Perfluorooctanoic acid (PFOA), including any of its branched isomers, its salts and any related compound that contains a linear or branched perfluoroheptyl (C7F15C) group and which can degrade to linear or branched PFOA. Notwithstanding the above, the following are not PFOA‑related compounds: (a) C8F17‑X, where X = F, Cl, Br; (b) fluoropolymers that are covered by CF3 [CF2]n‑R’, where R’=any group, n >16; (c) perfluoroalkyl carboxylic acids and their derivatives with ≥ 8 perfluorinated carbons; (d) perfluoroalkane sulfonic acids and perfluoro phosphonic acids and their derivatives with ≥ 9 perfluorinated carbons; (e) perfluorooctane sulfonic acid and its derivatives (PFOS), as listed in this register. |
| (a) This entry comes into effect on 1 July 2025. (b) The import, export and manufacture of the chemical (whether on its own or in mixtures or in articles) are prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) a level equal to or below 0.025 mg/kg for PFOA and its salts; or (B) a level equal to or below 1 mg/kg for any individual PFOA‑related compound or a combination of PFOA‑related compounds; or (C) a level equal to or below 0.8 mg/kg for PFOA and its salts present in fire‑fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) when already installed in systems, including both mobile and fixed systems; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste permit authorises the import or export of the chemical. (c) The use of the chemical (whether on its own or in mixtures or in articles), is prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) a level equal to or below 0.025 mg/kg for PFOA and its salts; or (B) a level equal to or below 1 mg/kg for any individual PFOA‑related compound or a combination of PFOA‑related compounds; or (C) a level equal to or below 0.8 mg/kg for PFOA and its salts present in fire‑fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) when already installed in systems, including both mobile and fixed systems; or (ii) for research or laboratory purposes; or (iii) in circumstances in which the article is already in use on or before 1 July 2025. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of non‑PFOA waste with this chemical and must not dilute PFOA waste to lower the PFOA concentration below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 1 mg/kg for PFOA and its salts or 40 mg/kg for the sum of PFOA–related compounds must be either: (i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste containing or contaminated by the chemical at a concentration of less than 1 mg/kg for PFOA and its salts or 40 mg/kg for the sum of PFOA‑related compounds must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal of waste must not lead to recovery, recycling, reclamation or re‑use of the chemical, subject to paragraph (h). (h) In carrying out disposal, the chemical may be isolated from the waste, provided that the chemical is subsequently disposed of in accordance with paragraphs (e) and (f). (i) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b) or (c), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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9 Schedule 7 (after table item dealing with the relevant industrial chemical with the Class name: Polychlorinated naphthalenes, including dechlorinated napthalenes, trichlorinated napthalenes, hexachlorinated napthalenes, heptachlorinated napthalenes, octachlorinated naphthalene and any combination of those chemicals.)
Insert:
Chemical class name: Polychlorinated terphenyls (PCTs)
CAS number: 61788-33-8 (PCT unspecified congeners). All commercial mixtures and congeners are included in the definition. |
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(i) in circumstances where the class of chemicals is present as unintentional trace contamination at a level equal to or below 2 mg/kg as the sum of all congeners; or (ii) for research or laboratory purposes.
(i) in circumstances where the class of chemicals is present as unintentional trace contamination at a level equal to or below 2 mg/kg as the sum of all congeners; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste permit authorises the import or export of the class of chemicals.
(i) in circumstances where the class of chemicals is present as unintentional trace contamination at a level equal to or below 2 mg/kg as the sum of all congeners; or (ii) for research or laboratory purposes; or (iii) for the purposes of environmentally sound disposal; or (iv) in circumstances in which the article is already in use on or before 1 July 2025.
(i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics; or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option.
(i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (h) and (i); and (iii) comply with all relevant laws that apply in the relevant jurisdiction.
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10 Schedule 7 (table item dealing with the relevant industrial chemical with the Class name: Short chain chlorinated paraffins (alkanes, C10‑13, chloro), which are straight chain chlorinated alkanes with chain lengths ranges from C10 to C13 and a chlorine content of greater than 48% by weight. CAS numbers: 85535‑84‑8. In addition, the chemical substances with the following CAS numbers will contain a proportion of short chain chlorinated paraffins: 68920‑70‑7, 71011‑12‑6, 85536‑22‑7, 85681‑73‑8, 108171‑26‑2, column 1)
Omit “ranges”, substitute “ranging”.