Australia Australia Proposes IChEMS Standards for Six Chemical Groups Including DBDPE and Mercury

Australia Proposes IChEMS Standards for Six Chemical Groups Including DBDPE and Mercury

The Australian Department of Climate Change, Energy, the Environment, and Water (DCCEEW) initiated a public consultation on April 4, 2025, regarding a proposal to add six chemical groups to the Industrial Chemicals Environmental Management Standard (IChEMS). The deadline for public comments is May 9 2025. This proposal and consultation process are conducted by the Minister under Sections 11 and 17 of the Industrial Chemicals Environmental Management (Register) Act 2021. The proposal includes adding decabromodiphenyl ethane (DBDPE) and mercury compounds to Schedule 6 of the Industrial Chemicals Environmental Management (Register) Instrument 2022. Substances listed in Schedule 6 must be essential-use chemicals in Australia.

 

If DBDPE and Mercury Compounds are added to Schedule 6, their manufacture, use, import, and export within Australia—except for essential use—will be prohibited according to the conditions outlined in Column 6 of the schedule.

 

List of Proposed Chemical Groups and Schedules

Substance name CAS RN Schedule
Decabromodiphenyl ethane (DBDPE) 84852-53-9
(1092834-40-6; DBDPE-containing substances)
6—Relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with essential uses
Mercury and mercury compounds 7439-97-6 and others 6—Relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with essential uses
1,2-dibromoethane 106-93-4 5—Relevant industrial chemicals that are likely to cause harm to the environment
Methylcyclopentadienyl manganese tricarbonyl (MMT) 12108-13-3 4—Relevant industrial chemicals that may cause harm to the environment
1,2-dichloroethane 107-06-2 4—Relevant industrial chemicals that may cause harm to the environment
Aryl sulfonate hydrotropes 98-11-3 and 24 other substances 2—Relevant industrial chemicals that are unlikely to cause harm to the environment

 

Below is an excerpt from the proposed conditions for DBDPE and mercury compounds under Column 6 (Risk management measures including prohibitions and restrictions).

 

DBDPE

Risk management measures including prohibitions and restrictions
(a) This entry comes into effect on 1 January 2027
(b) The chemical has the following essential uses in Australia:

(i) Articles that are required to comply with fire retardancy standards, and where no viable alternative is available, with end uses in the following:

a. aerospace applications (until 1 July 2033); or
b. automotive and transport applications (until 1 July 2033); or
c. defence applications (to be reviewed by the department after 1 July 2033); or
d. electrical and electronic equipment (until 1 July 2033); or
e. buildings and construction (until 1 July 2033); or
f. replacement parts, for the above applications (until the end of the service life of the articles or 1 July 2048).

(c) The manufacture of this chemical is prohibited except:

(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.

(d) The import and export of the chemical (whether on its own or in mixtures or in articles) is prohibited except:

(i) for chemical substances or mixtures – in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 10 mg/kg; or

(ii) for articles – in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 500 mg/kg; or

(iii) for research or laboratory purposes; or

(iv) if a hazardous waste permit authorises the import or export of the chemical; or

(v) for articles – the purpose of an essential use.

(e) The use of the chemical (whether on its own or in mixtures or in articles) is prohibited except

(i) for chemical substances or mixtures – in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 10 mg/kg; or

(ii) for articles – in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 500 mg/kg; or

(iii) for research or laboratory purposes; or

(iv) for the purposes of environmentally sound disposal; or

(v) in circumstances in which the article is already in use on or before 1 July 2028; or

(vi) for articles – for the purpose of an essential use.

(h) Importers must determine and provide information on the concentration by weight of the chemical in an article to the supply chain.

 

Mercury and mercury compounds

Risk management measures including prohibitions and restrictions
(a) This entry comes into effect on 1 July 2026.
(b) The class of chemicals has the following essential end uses:

(i) products essential for civil protection and military uses; or

(ii) If no feasible mercury free alternative for replacement is available—the following:

(a) switches and relays;
(b) cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for electronic displays;
(c) measuring devices;
(d) lamps used for purposes other than general lighting for the generation of non-visible radiation.

(iii) If no feasible mercury free alternative for replacement is available – the following mercury-containing lamps (until 31 December 2027):

(a) linear fluorescent lamps (LFLs) for general lighting purposes:
i. triband phosphor < 60 watts with a mercury content not exceeding 5 mg/lamp.
ii. triband phosphor ≥ 60 watts.
(b) all wattages of triband phosphor non-linear fluorescent lamps (NFLs) (e.g., U-bend and circular)

for general lighting purposes.
(iv) If no feasible mercury free alternative for replacement is available – high pressure sodium vapour and metal halide lamps for general lighting purposes (until 1 June 2030)

(c) The manufacture of the class of chemicals is prohibited except:

(i) in circumstances where the chemical is present as unintentional or naturally occurring trace contamination; or

(ii) for research or laboratory purposes; or

(iii) for the purpose of essential use.

(d) The import and export of the class of chemicals (whether on their own or in mixtures or in articles) are prohibited, except:

(i) in circumstances where the chemical is present as unintentional or naturally occurring trace contamination; or

(ii) for research or laboratory purposes; or

(iii) if a hazardous waste permit authorises the import or export of the class of chemicals; or

(iv) for the purpose of an essential use.

(e) The use of the class of chemicals (whether on their own or in mixtures, or in articles) is prohibited except:

(i) in circumstances where the chemical is present as unintentional or naturally occurring trace contamination; or

(ii) for research or laboratory purposes; or

(iii) for the purposes of environmentally sound disposal; or

(iv) for the purpose of an essential use; or

(v) for articles in use before 1 January 2026.

(h) Importers and manufacturers must determine and provide information on the concentration by weight, whether on their own, in a mixture, or in an article to the supply chain.

 

 

For additional details on the proposed measures for DBDPE, mercury compounds, and other chemicals, refer to the official consultation page:

Author / Responsibility

AOKI Kenji

Senior Consultant, EnviX Ltd.
General Director, E&H Consulting Co., Ltd.

Business Performance

Expertise in EHS (environment, health and safety) consulting in ASEAN region.
- Environmental regulations updating
- Chemical regulations consulting

Background

MSc in Earth Science, The University of Tokyo

AOKI Kenji