Industrial Chemicals (Notification and Assessment) Regulations (Amendment) (Cth)

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Statutory Rules 1993 No. 351

Industrial Chemicals (Notification and Assessment) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Chemicals (Notification and Assessment) Act 1989.

Dated 17 February 1993.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

R KELLY

Minister of State for the Arts, Sport, the Environment

and Territories for and on behalf of the

Minister of State for Industrial Relations

1. Commencement

1.1 These Regulations commence on 1 March 1993.

2. Amendment

2.1 The Industrial Chemicals (Notification and Assessment) Regulations are amended as set out in these Regulations.

3. New regulation 4A

3.1 After regulation 4, insert:

Synthetic polymer of low concern

“4A. (1) For the purposes of the definition of ‘synthetic polymer of low concern’ in section 5 of the Act:

(a) a polymer is taken to have a number average molecular weight greater than 1,000 if it contains:

(i) less than 2% by mass of molecules with molecular weight less than 500; and

(ii) less than 5% by mass of molecules with molecular weight less than 1,000;

(b) a polymer has a low charge density if:

(i) the polymer:

(a) is not polycationic; or

(b) is polycationic and the equivalent weight of the charged groups is greater than 5,000; and

(ii) the polymer is not a water-soluble or self-dispersing:

(a) polycarboxylate polymer; or

(b) polyaromatic sulphonate polymer; or

(c) polyaliphatic sulphonate polymer;

(c) a polymer has a low residual monomer content if it would not be classified as a hazardous substance in accordance with the Commission’s Guidance Note entitled ‘Guidance Note for Determining and Classifying a Hazardous Substance’ and dated June 1991 that was published on behalf of the Commission by the Australian Government Publishing Service;

(d) a polymer does not dissociate readily if it is not likely to be cationic or anionic in the pH range 4 to 9 (inclusive);

                          

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(e) a polymer has low water solubility if its solubility in water at 20°C is determined or estimated to be less than 1 mg/L;

(f) a polymer in solid form has a particle size if its particle size distribution is such that less than 1% by mass of the particles are of smaller diameter than 70 micrometres;

(g) a polymer is stable under the conditions in which it is used if, under those conditions, it does not readily break down by hydrolysis, thermal degradation, photodegradation, depolymerisation or otherwise.

“(2) For the purposes of paragraph (h) of that definition, the following characteristic is prescribed, namely that the polymer does not contain reactive functional groups that are intended, or are reasonably likely, to undergo further reaction.

“(3) For the purposes of subparagraph (1) (b) (i), a substance is taken to be polycationic if it contains polyamines having the potential to become cationic”.

4. New regulation 7AA

After regulation 7, insert:

Prescribed form—section 24A of the Act

“7AA. Form 1A in Schedule 1 is the prescribed form for the purposes of section 24A of the Act.”.

5. Regulation 8 (Prescribed information—summary report)

5.1 Omit the regulation, substitute:

Prescribed information—summary report

“8. For the purposes of paragraph 35 (2) (d) of the Act, the following are prescribed:

(a) an abstract of the summary of health, safety and environmental matters contained in the assessment report;

(b) the material safety data sheet.”.

                          

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6. New regulations 8A and 8B

6.1 After regulation 8, insert:

Prescribed authorities [of the Commonwealth, the States and Territories]subparagraph 38 (5) (a) (iv) of the Act

“8A. For the purposes of subparagraph 38 (5) (a) (iv) of the Act:

(a) the following authorities are prescribed for the Commonwealth:

(i) the Department of Arts, Sport, the Environment and Territories; and

(ii) the Department of Health, Housing and Community Services; and

(b) the Department of Occupational Health, Safety and Welfare is prescribed for the State of Western Australia.

Assessment certificates

“8B. For the purposes of section 39 of the Act, an assessment certificate is to contain the following:

(a) the name of the applicant;

(b) particulars of the chemical (other than exempt information);

(c) a statement that the applicant has complied with the requirements of the Act regarding the notification of the chemical;

(d) a statement that the chemical has been assessed under the Act;

(e) a statement that a summary report of the assessment has been, or is to be, published in the Chemical Gazette, giving the date of publication.”.

7 Regulation 13 (Fees)

7.1 Subregulation 13 (2):

Add at the end:

“(c) if the application is in relation to a synthetic polymer of low concern—$2,500.”.

                       

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8. Schedule 1 (Forms)

8.1 Before Form 1, insert:

Form 1A Regulation 7AA

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989

STATEMENT UNDER SECTION 24A REGARDING A SYNTHETIC POLYMER OF LOW CONCERN

Applicant Details

Business Name:

Business Address (including postcode):

Phone (

 ) Fax(  )

Technical Contact

Name

Position

Phone (

 ) Fax(  )

Details of Polymer

Chemical Name of Polymer:

Other Names:

Marketing Name:

CAS Number (if known):

                          

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Justification for application under the Synthetic Polymer of Low Concern Category

Does the polymer meet the criteria for a polymer of low concern in regulation 4A of the Industrial Chemicals (Notification and Assessment) Regulations?

Yes

No

(a)

number average molecular weight

(b)

charge density

(c)

residual monomer content

(d)

dissociation constant

(e)

water solubility

(f)

particle size for solids

(g)

stability; and

(h)

reactive functional groups

Molecular Formula:

Structural Formula:

Means of identification (List of spectral data available):

Number Average Molecular Weight (MWn):

Weight Percentage of polymer species with:

MWn <1000:

MWn <500

Does the polymer contain any positively or negatively charged groups? For polycationic polymers please provide a calculation of the charge density (No. charges per 1000 MW) or the equivalent weight of charged groups (1000 / charge density per 1000 MW)

          

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Will the polymer be cationic or anionic at pH range (4-9) likely to be encountered in the environment?

Table 1: List of Polymer Constituents

Constituent

CAS No.

% Weight

Table 2: Maximum Weight-Percentage of Residual Monomers and Impurities

Monomer or Impurity

% Weight

Water Solubility:

Particle Size Distribution:

Comment on the stability of the polymer:

Does the polymer contain any functional groups which are intended or can reasonably be anticipated to undergo further reaction? If so, give details:

Intended Use(s):

               

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Appearance of the Polymer:

Estimated Manufacture or Import Volume (during each of the first five years):

Site of Manufacture or Reformulation:

Melting Point:

Density:

Flammability Limits:

Autoignition Temperature:

Explosive Properties:

Reactivity (eg. oxidation potential):

Occupational Health and Safety

What is the likely occupational exposure? Give details of:

(a) data about occupational exposure factors, that is to say:

(i) the number, and categories, of workers to be involved in working with the polymer; and

(ii) the nature of the work to be done by them; and

(iii) the safety procedures to be observed when handling the polymer; and

(iv) a brief description of the training and education in safe working practices to be given to those workers; and

(v) data about the occurrence of work related injuries and diseases affecting workers dealing with the polymer; and

(vi) any other data relating to occupational hazard associated with the chemical; and

(b) a list of health conditions (if any) which indicate that the polymer should not be used; and

(c) particulars of procedures for atmospheric monitoring and biological monitoring of the effects of the polymer; and

(d) information held, or reasonably obtainable, by the notifier about studies and observations of health

                   

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problems or adverse symptoms occurring in humans exposed to the polymer.

Environmental Impact

What is the likely environmental impact? (Provide information about the release of the polymer likely to occur at the manufacturing or reformulating site.)

Public Health

What is the likely public health exposure? (Provide a brief description of any way in which the chemical could be harmful or hazardous to the health of the public at large.)

Label

Give particulars of the labels in the presented form to be affixed to products consisting of or containing the polymer. (Attach a copy of the label.)

Material Safety Data Sheet

Give particulars of the proposed Material Safety Data Sheet for the polymer, and for all commercially available products, or substances used in the workplace, containing the polymer. (Attach a copy of the proposed Data Sheet.)

Declaration

I declare that to the best of my knowledge all the information in this form and attachments is true, correct and complete. I also declare that I am in possession of, and have ready access to, the raw data and am entitled to use and to give the Director all information contained in this application.

Name:

Position:

Signature: Date:

NOTE: It is an offence under the Act to supply a statement which is false or misleading.

                      

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9. Schedule 2 (Fees)

9.1

After item 3A, insert:

“3B

Paragraph 110 (1) (caa)

$500”.

8.2

After item 14, insert:

“15

Paragraph 110 (1) (v)

$500”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 1993.

2. Statutory Rules 1990 No. 231 as amended by 1990 No. 440; 1991 No. 165; 1992 Nos. 29, 245 and 282.

                                        

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