Environmental Risk Management of Industrial Chemicals Background - PowerPoint PPT Presentation

Environmental Risk Management of Industrial Chemicals

Background

Reforms relating to industrial chemicals In scope • Council of Australian Governments (COAG) Chemical Reforms to establish a National Standard for Environmental Risk Management of Industrial Chemicals Out of scope • Reforms to the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) • The Australian Government Department of Industry, Innovation and Science’s review of Commonwealth chemicals assessment functions

Background to Reforms to Environmental Risk Management • 2006 COAG chemicals & plastics a ‘regulatory hotspot’ • 2008 Productivity Commission’s Research Report on Chemicals & Plastics Regulation a. current regimes effective in managing risks to health & safety b. management of environmental risks from industrial chemicals across jurisdictions fragmented, inefficient, & ineffective c. infrequent and inconsistent uptake of risk management measures based on NICNAS recommendations d. no institutional mechanism/ national body to i. consider NICNAS environmental risk management recommendations ii. consult with state and territory environment agencies iii. develop risk management decisions iv. coordinate implementation by the states & territories

Background to Reforms to Environmental Risk Management • 2008 COAG agreed to commission’s recommendations & tasked environment ministers with implementing reforms • 2013 Consultation Regulation Impact Statement (RIS) led to proposal to develop a National Standard • 2015 Decision RIS canvassed in detail. a. Three options for implementation: b. Preferred (2): i. cooperative approach ii. National Standard and decision-making powers established under Commonwealth legislation automatically adopted under jurisdictions’ iii. legislation

Objectives of the Reforms to Environmental Risk Management 1. To achieve better protection of the environment through improved management of the environmental risks posed by industrial chemicals. 2. To provide a nationally consistent, transparent, predictable and streamlined approach to environmental risk management of industrial chemicals for governments, industry & the community.

Overview of Timeline for Implementation

Benefits of a National Standard • Improving confidence that potentially harmful, high risk chemicals are subject to appropriate & consistent environmental measures across the nation • Making it simpler & more cost-effective for industry to fulfil its obligations by streamlining current systems, reducing fragmentation, and improving harmonisation, transparency, simplicity & consistency • Improved outcomes through improving understanding of chemicals and their effect on the environment to inform choices about chemicals & identify areas needing greater attention • Help meet international obligations for sound management of chemicals, for example under the Stockholm Convention on Persistent Organic Pollutants

The draft National Standard

The National Standard concept

The proposed schedules Schedule Concern Category High Concern Schedule 8 - Prohibited High Concern Schedule 7 - Restricted Schedule 6 - Substances with a potentially significant Intermediate Concern and long lasting impact on the environment Schedule 5 - Substances with a potentially significant Intermediate Concern impact on the environment Intermediate Concern Schedule 4 - Hazardous, higher risk substances Intermediate Concern Schedule 3 - Hazardous, moderate risk substances Low Concern Schedule 2 - Hazardous, low risk substances Low Concern Schedule 1 - Not hazardous and low hazard substances

Proposed criteria for scheduling Please refer to page 27 in Discussion Paper

Proposed criteria for scheduling Please refer to page 28 in Discussion Paper

General process for scheduling Please refer to page 15 in Discussion Paper

Risk Management Measures

Risk management measures • Each Schedule under the National Standard will have a set of defined risk management measures. • Risk management measures refer to the directive controls that will be scheduled under the National Standard. • As the Schedules increase, the concern a substance poses to the environment increases. • The greater the concern to the environment, the more stringent the risk management measures need to be to prevent harm to the environment. • Risk management measures will be developed in consultation with governments, industry & the community over the coming months

Risk management measures Principles Risk management measures should: • aim to prevent harm to the environment • be implementable • be enforceable • be appropriate • be proportionate • not result in unintended negative effects beyond the intended use of a chemical & resulting exposure • aim to complement existing controls undertaken by businesses, where appropriate

Risk management measures General Use • The following general measures are proposed for all industrial chemicals: a. Take reasonable measures to avoid unnecessary intentional release of a chemical substance directly to the environment b. In industrial settings, ensure good housekeeping measures prevent release of chemicals into the environment c. Avoid implementing measures that will result in adverse effects on the environment that are not directly related to the identified hazards of a chemical substance

Risk management measures Low Concern (Schedules 1 & 2) • Schedule 1 chemicals are those for which it is determined there is low concern and they are not hazardous or are substances with low hazard characteristics o No additional risk management measures beyond the general use measures will apply • Schedule 2 chemicals are hazardous to the environment, but are used in volumes and such that the concentration in the environment will be much less than the concentration likely to cause harm to the environment. An example of a proposed risk management measures include: o Neutralise chemical substance prior to release to the environment

Risk management measures Intermediate Concern (Schedule 3) • Schedule 3 chemicals are hazardous to the environment, but are used in volumes and in a way that the concentration in the environment will be less than the concentration likely to cause harm to the environment • Schedule 3 chemical substances may also have unknown effects arising from characteristics such as being a nanomaterial or persistent with potential but unknown long- term effects. • The proposed risk management measures aim to limit release of a chemical into the environment (air, water, soil)

Risk management measures Intermediate Concern (Schedules 4 to 6) • Schedules 4 to 6 include chemicals for which the quantity released to the environment has the potential to have adverse effects on the environment, or for which risk is not quantified but the chemicals are o perfluorinated or o bioaccumulative or o have endocrine-disrupting potential • Proposed risk management measures are more stringent than Schedule 3 chemicals and aim to prevent release of a chemical into the environment (air, water, soil). This may be through stricter disposal & release measures than for Schedule 3.

Risk management measures High Concern Chemicals (Schedule 7 & 8) • Schedule 7 – Restricted Substances • Schedule 8 – Prohibited Substances • All chemicals that are determined to be High Concern will be reviewed by the Advisory Committee