OPINION
Industrial chemicals environmental management roadmap released A new system for the categorisation and control of industrial chemicals is advancing but likely impacts on industry remain unclear, writes Accord’s Thomas Dolahenty.
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he new Industrial Chemicals Environmental Management Standard (IChEMS) register was established in March 2021 via the Industrial Chemicals Environmental Management (Register) Act 2021. Accord provided an update in the INCLEAN July/August 2021 edition, but much has happened since then. Most notably, an industrial chemical roadmap has been published by the Department of Agriculture, Water and the Environment (DAWE). This highlights the current state and future of chemicals in the environment and outlines how the IChEMS should work to protect the environment from chemicals that may cause harm. There are more than 40,000 chemicals currently available for industrial use within Australia – including most ingredients used in commercial/I&I cleaning and hygiene products. The IChEMS register will classify each industrial chemical into one of seven schedules based on its environmental risk, with Schedule 1 being the lowest risk and Schedule 7 being the highest risk. Recently, DAWE released draft IChEMS principles to determine which schedule each chemical will fit into. These proposed principles rank the environmental risk potential of a chemical based on whether it is persistent, bioaccumulative or toxic.
Risk assessments from the Australian Industrial Chemicals Introduction Scheme (AICIS) will also be used to schedule chemicals and recommend potential control measures. While seemingly straightforward, determining the higher risk chemicals and assigning tighter restrictions for these is likely to be difficult. For example, the draft principles would classify a chemical as having Schedule 7 characteristics if it is likely to cause ‘irreversible harm’ to the environment. But it is very hard to determine what ‘irreversible harm’ may look like. For example, common table salt (sodium chloride) naturally occurs in oceans and underground and would generally be considered a safe chemical. However, in large quantities, it can contaminate soil, pollute freshwater bodies and harm natural flora. Would this be considered ‘irreversible harm’ under the new IChEMS? At this stage, industry has only been given limited information on what the likely control measures will look like. As far as we know, chemicals in Schedule 1 will have no additional controls to those currently imposed, whereas chemicals in Schedule 7 will likely be prohibited from import, manufacture and use within Australia. But there is currently no clarity for industry regarding what controls may be
imposed for chemicals in Schedules 2–6 and—as a consequence—what actions industry will need to take concerning its products. Also unknown is exactly how this work will be funded. We know that IChEMS will be a cost-recovered scheme with industry identified as beneficiaries, but we are yet to understand the quantum each company will be expected to pay and how it will be calculated. The cost recovery consultation is expected later this year and cost recovery is expected to commence on 1 September 2023. DAWE’s new roadmap has outlined industry as having shared responsibility for IChEMS. Therefore, as we move forward, it is important companies are aware of the changes, how they will be affected and what environmental risk management changes they will need to implement. An IChEMS Advisory Committee comprising seven appointed members has been established to provide expert advice to the Environment Minister on matters related to IChEMS scheduling. The first scheduling decisions are expected in the second half of 2022. Accord will continue to ensure that industry is not forgotten in these decisions and will continue to advocate for lightertouch, lower-cost and faster-to-market regulations that still provide positive benefits to environmental safety. ■ www.incleanmag.com.au 67