Australian Government Responds to Senate Select Committee Recommendations on Strengthening PFAS Regulation

• works with the states and territories to ensure that workers are protected from unnecessary PFAS exposure in all states and territories;
• reviews relevant Commonwealth work health and safety legislation, regulations, and official advice with the aim of ensuring a consistent approach to occupational PFAS exposure—and actively encourages states and territories to do the same;
• amends the Australian Code for the Transport of Dangerous Goods by Road & Rail to classify PFAS as a ‘dangerous good’; and
• develops a publicly available online resource to provide state regulators, employers, and employees with information about PFAS as a workplace hazard, including how to initiate and progress remediation of contamination.

Based on the model WHS laws, which are largely harmonized across federal jurisdictions, measures are implemented to eliminate or minimize work health and safety risks from hazardous substances, including PFAS.

The transport of PFAS that meets the criteria for environmentally hazardous substances is already captured under the National Transport Commission’s Australian Code for the Transport of Dangerous Goods (ADG Code).

• fast-tracks the deployment of PFAS-free firefighting foams to replace all legacy PFAS-containing foams;
• moves to quickly replace all legacy firefighting equipment that still utilises or stores PFAS-containing foams, and ensures the safe disposal of existing stocks;
• bans or severely restricts the use of firefighting foams containing PFAS by Commonwealth entities; and
• works through cross jurisdictional bodies to achieve an urgent national ban on the use of PFAS-containing firefighting foams, including by private sector entities, major hazard facilities and B Class foam extinguishers in Australia.

The government supports reducing the use of PFAS wherever practicable, in line with the National PFAS Position Statement.

The IChEMS, a consistent federal standard, establishes a risk management framework for situations including the use of PFAS in firefighting foams, promoting the use of safer alternatives.

The PFAS NEMP provides a nationally consistent policy, and states and territories are responsible for undertaking PFAS monitoring within their jurisdictions.

• conduct a national audit of PFAS contamination sites and remediation activity;
• develop a strategic, risk-based national remediation plan;
• develop a common national framework for remediation; and
• develop national standards for reporting on remediation activity and outcomes.

The PFAS NEMP remains the current national framework for PFAS remediation.

• measure the scale and distribution of PFAS in clothing, textiles, floor coverings, and furniture across Australia;
• identify key sources of PFAS-contaminated clothing, textiles, carpets and furniture, including import pathways;
• develop strategies for reducing the import of PFAS-contaminated clothing, textiles, floor coverings, and furniture; and
• develop mechanisms for more safely disposing of legacy PFAS-contaminated textiles waste.

The IChEMS establishes nationally consistent standards for managing the manufacture, import, and disposal of hazardous chemicals, including PFAS, to reduce environmental impacts. This standard also applies to products including textiles, clothing, floor coverings, and furniture.

Regulatory intervention on PFAS should be based on demonstrated public health risk. There is no evidence that food contact packaging is a meaningful source of dietary PFAS exposure, and such action is therefore not warranted.

Waste management is primarily the responsibility of state and territory governments.

The PFAS NEMP and the IChEMS provide nationally consistent guidance for managing PFAS contamination and waste.

• The committee recommends that the Australian Government prioritises work to develop legislative and policy mechanisms to enable the Schedule 7 listing of PFOA, PFOS and PFHxS (and related chemicals) to be effectively monitored and enforced, especially in relation to imported products.
• Detection, disclosure and monitoring mechanisms should include internal assessments and self-reporting by businesses along with independent product testing where appropriate.
• Enforcement mechanisms should be risk-based, focussing on industries and sectors where businesses may be unintentionally or unwittingly importing products containing restricted PFAS.

The IChEMS establishes national risk management standards to protect the environment from hazardous chemicals, including PFAS.

It is recognized that some industrial chemicals may be produced unintentionally in products.

The IChEMS establishes nationally consistent standards to reduce the environmental impact of hazardous chemicals, including PFAS. This standard also applies to cosmetics and personal care products.

Once the IChEMS is fully adopted by jurisdictions, the import, export, manufacture, and use of relevant PFAS will be prohibited across Australia, including in consumer products. Since these products should not be imported or manufactured, mandatory product labeling is unnecessary.

• provides adequate resourcing for the development of legislation and associated regulations to give effect to the ban on PFAS;
• works with states and territories to encourage and support adoption of the Industrial Chemicals Environmental Management Standard (IChEMS) into state and territory chemical regulations;
• urgently progresses the treaty making process to enable the ratification of the Stockholm Convention listings of PFOS, PFOA and PFHxS; and
• works across government to develop a clear and simplified framework to enable faster ratification of future amendments to the Stockholm Convention and domestic implementation of toxic chemical bans.

The Government is working with states and territories to strengthen the management of industrial chemicals through the IChEMS.

In parallel, the Australian Government is working to implement border controls that will support enforcement of the IChEMS and enable more efficient implementation of future treaty obligations.