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FORUM COMPLIANCE
Environmental management of industrial chemicals in Australia Laura Whiteman explains the new national register of hazardous chemicals – called the IChEMS Register - where chemicals will be categorised into one of seven schedules, based on their environmental hazard. It is hoped the Register will be available early in 2022. Industrial chemicals in Australia have always been tightly regulated, with the current focus on health and physical hazards. However, environmental hazards for these chemicals have not been subject to regulations previously. This lack of regulation has led to the development of the Industrial Chemicals Environmental Management Standard (IChEMS) by the Department of Agriculture, Water and the Environment. This standard aims to create a national approach to the management of environmental risks that arise from the use of industrial chemicals. The standard will cover the use, storage, handling and disposal of environmentally hazardous chemicals. Australia regulates chemicals based on their use type, and there are four chemical regulators which govern at the Federal level. Industrial chemical use is defined as being any chemical which doesn’t fit under the other three regulators. Chemicals can have multiple use types and are managed as follows: • The Australian Pesticides and Veterinary Medicines Authority manages agricultural chemicals and veterinary medicines. • The Therapeutic Goods Administration manages medicines, biologicals and medical devices and maintains the Poisons Standard. • The Food Standards Australia New Zealand develops ingredient, additive, vitamin and other foodstuff standards. • The Australian Industrial Chemicals Introduction Scheme (AICIS) regulates the importation and manufacture of industrial chemicals in Australia – and covers any chemical that is not regulated under the above three authorities.
Determining the scheduling for each chemical Under the new IChEMS, there will be a register of hazardous chemicals – called the IChEMS Register, which will work alongside the AICIS. To determine the scheduling for each chemical, the Federal Minister for Environment, Sussan Ley, will use AICIS risk assessments, Stockholm Convention documentation and other appropriate sources. The Minister will then use advice from the Advisory Committee, public consultations and/or State and Territory Environment Ministers to assist in making a scheduling decision. Chemicals that currently have AICIS assessments may fast-track through this process. Chemicals will be categorised into one of seven schedules, and the decision recorded on the Register. Chemicals on the Register may be identified by the CAS ( Chemical Abstracts Service) name and number; International Union of Pure and Applied Chemistry (IUPAC) name; molecular formula or the chemical’s AICIS approved chemical name (AACN). The seven schedules being adopted categorise substances based on their hazard to the environment. As the schedule number increases, the threat of environmental harm increases, thus triggering more extensive regulatory standards. The Draft for the “Industrial Chemicals Environmental Management (Register) Principles 2020” indicates that Schedules 1 to 5 will also consider the Globally Harmonised System of Classification and Labelling, also known as the GHS classification of the chemical. In particular the acute or chronic aquatic toxicity, and if the chemical is hazardous to the ozone layer. Chemicals on Schedule 1 have very low or no hazard
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Users will be expected to use the information on the Register when designing their products and ensure they meet all requirements listed on the Register. A consistent, national approach will make it easier for industry to manage and comply with the requirements. to the environment, and there will be only basic risk management measures for these chemicals. Schedule 7 chemicals are those that pose a significant, often irreversible, risk to the environment, and are generally chemicals that are bioaccumulative, toxic or persistent. These chemicals will be prohibited from import, manufacture and use. Introducers and users will be expected to use the information on the Register when designing their products and ensure they meet all requirements listed on the Register. Development of the IChEMS is a two-stage process. Phase one was the creation of the legislation and getting it passed through the houses of parliament. This phase began back in 2015, with the draft legislation developed over the following three years. It went to public consultation in 2020 and passed by parliament in March 2021. Phase two of the process is getting the IChEMS incorporated into the legislation of each State and Territory within Australia. They can adopt the Register with or without modification. A consistent national approach will make it easier for industry to manage and comply with the requirements. The hope is that Phase two will be complete and the IChEMS register available early in 2022.
Recommended action items The industry needs to be aware of this upcoming change to industrial chemical regulation in Australia, as it will impact all industrial chemical manufacturers and importers. Companies will need to ensure that they check their chemicals against the IChEMS Register once it becomes available. If chemical scheduling restrictions cannot be met, more environmentally friendly chemicals must be considered. Laura Whiteman is a senior regulatory specialist at UL, which provides innovative material and regulatory data solutions to facilitate a transparent and sustainable product supply chain. With fully automated chemical compliance software platforms, industry-leading data resources and an unprecedented global network of regulatory expertise, UL removes barriers and solves critical challenges to help companies stay one step ahead of global regulations. For the latest regulatory news and important industry updates, sign up for UL’s monthly regulatory newsletter. www.ul.com/services/solutions/chemical-data-management customerservice.anz@ul.com Ph: 03 9846 2751
