Australia Seeks Input on Including Brominated Flame Retardants in IChEMS Register Schedule 6 and 7

On 25 September 2023, the Australian Department of Climate Change, Energy, the Environment and Water (DCCEEW) opened consultations on the proposed scheduling decisions for brominated flame retardants (BFRs) under the Industrial Chemicals Environmental Management Standard (IChEMS). The consultations were notified to the World Trade Organization (WTO) on 27 September 2023.

The substances in question are all classified as Persistent Organic Pollutants (POPs) under the Stockholm Convention. These substances have the potential to inflict significant or irreversible damage to the environment unless they are appropriately controlled.

The consultations are open for feedback until 25 October 2023 and submissions can be made here. Providing feedback on the proposed decisions will help the Australian governments and businesses  manage the environmental risks associated with these chemicals.

Brominated Flame Retardants

Brominated flame retardants are mixtures of chemicals added to a wide range of products, including industrial products, to make them less flammable. They are commonly used in plastics, textiles, and electrical/electronic equipment.

The DCCEEW is seeking feedback on four proposed scheduling decisions covering a large number of brominated flame retardants. Three scheduling decisions are for Schedule 7 of the IChEMS Register and cover the following chemical classes and all their congeners. If adopted, the proposed decisions for these substances will apply from 1 July 2024. If adopted, the import, manufacture, use and export in Australia will be prohibited from 1 July 2024. Exceptions will apply for unintentional trace contamination, research, environmentally sound disposal, and for articles in use prior to the date of decision.

• Hexabromocyclododecane (HBCDD)

• Pentabromodiphenyl ether (pentaBDE) and tetrabromodiphenyl ether (tetraBDE)

• Octabromodiphenyl ether (octaBDE), heptabromodiphenyl ether (heptaBDE) and hexabromodiphenyl ether (hexaBDE)

The fourth decision covers the following chemical classes and their congeners. This decision concerns Schedule 6 of the register. If adopted this decision will apply from 1 July 2025 and will prohibit the import, manufacture, use and export in Australia.

• Decabromodiphenyl ether (decaBDE) and nonabromodiphenyl ether (nonaBDE)

For decaBDE and nonaBDE some uses are considered to be essential and are excepted from the decisions. These essential uses are listed below:

• Spare parts for aircraft that were manufactured prior to 1 January 2027 (until the end of the service life of the aircraft)

• Aircrafts (until 1 January 2027)

• Polyurethane foam for building insulation (until 1  January 2027)

• Electric and electronic equipment (until 1 January 2027)

• Spare parts for motor vehicles that were manufactured prior to 2019 (until 1 January 2036)

• Textile products (other than clothing and toys) that require anti‐flammable characteristics (until 1 January 2027).

The Industrial Chemicals Environmental Management Standard

IChEMS is a national approach in Australia that aims to efficiently manage the use, storage, handling and disposal of chemicals. By establishing standardised environmental protocols for the handling of industrial chemicals, IChEMS streamlines the process for industry to choose less hazardous alternatives. Under IChEMS, chemicals will be listed on the IChEMS Register in one of seven schedules based on their risk characteristics to provide information on their relative environmental risk. The IChEMS Register will also include risk-based controls that should be applied to protect the environment. Industrial chemical uses that pose a greater risk to human health and the environment will be subject to more stringent controls.

IChEMS Register Schedules

In the IChEMS Register, Schedules 6 and 7 list the industrial chemicals of greatest environmental concern, e.g. chemicals that are persistent, bioaccumulative and toxic, such as POPs. All uses of chemicals in Schedules 6 and 7 are being phased out, except for essential uses. Schedules 2 to 5 list industrial chemicals of medium environmental concern. They are subject to controls that are proportionate to the nature and level of risk. Schedule 1 lists the industrial chemicals of lowest concern.

Previous consultations

In July 2023 the DCCEEW held consultations on the proposed scheduling decisions for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonate (PFHxS), and pentachlorobenzene (PeCB). Those consultations closed on 1 September 2023.