Chemical control orders
What is a Chemical Control Order?
Chemical control orders (CCOs) are a primary regulatory tool under the Environmentally Hazardous Chemicals Act 1985 (EHC Act) and are used by the DECC to selectively and specifically control particular chemicals of concern, and limit their potential or actual impact on the environment. CCOs complement other environmental legislation by providing a rapid and flexible mechanism for responding to emerging chemical issues.
CCOs can set controls on activities throughout the chemical's lifecycle through general requirements and by requiring that certain things be subject to particular licence conditions. An order can be made in relation to single substances, groups of substances (e.g. scheduled chemicals) or particular waste streams (e.g. aluminium smelter wastes).
There are five CCOs currently in place in NSW.
- Chemical control order in relation to aluminium smelter wastes containing fluoride and/or cyanide, 1986
- Chemical control order in relation to dioxin-contaminated waste materials, 1986
- Organotin waste materials chemical control order 1989
- Polychlorinated biphenyl (PCB) chemical control order 1997
- Scheduled chemical wastes chemical control order 2004
When are chemical control orders made?
Chemical control orders are usually made where controls on chemicals are required beyond those set under pollution laws. CCOs may be made when chemicals or chemical wastes have been assessed as posing: (i) serious threats to the environment and (ii) particular challenges in their management. In these circumstances, a chemical control order provides additional controls beyond those approaches (e.g. discharge limits in licences or labelling requirements) generally used for chemicals.
One of the primary issues that chemical control orders were originally intended to address was the stockpiling of chemical wastes that posed a threat to the environment (e.g. aluminium smelter wastes). They also target substances which are highly persistent, bioaccumulative and toxic (such as PCBs, dioxins, scheduled chemical wastes) and/or toxic in very low doses (e.g. organotin compounds).
How are chemical control orders made?
Chemical control orders can be made for chemicals that have been declared as wastes and for any chemicals that have been assessed and determined to be environmentally hazardous. CCOs are made by the DECC either with the advice of a special advisory committee set up under the EHC Act or with the Minister's consent. Orders are published in the NSW Government Gazette and take effect from the specified date. They remain in force until a repeal notice is published in the gazette.
The first step in making an order involves assessment of a chemical or declaration of a chemical waste as being environmentally hazardous. Chemicals can be assessed at the national or state level:
National chemical assessment - various Commonwealth agencies assess specific types of chemicals. These agencies evaluate potential risks to human health or the environment associated with chemicals and make recommendations about reducing these risks. Where a national assessment incorporates all the legislative requirements of the EHC Act, a chemical control order may be used to implement the national recommendations in NSW.
The following agencies assess chemicals at the national level:
- the National Industrial Chemicals Notification and Assessment Scheme assesses industrial chemicals
- the Australian Pesticides and Veterinary Medicines Authority assesses agricultural and veterinary products
- the Therapeutic Goods Administration assesses pharmaceuticals
- Food Standards Australia New Zealand assesses food contaminants or additives.
State chemical assessment - the DECC can assess chemicals through a formal process established under the EHC Act. This process includes consideration of public submissions. The Act also establishes a Hazardous Chemicals Advisory Committee that may provide advice to the DECC on the priorities for assessing chemicals, the assessments undertaken and the controls that may be warranted. One possible outcome of this assessment process is the decision to make a CCO.
Offences and penalties
CCOs impose a variety of requirements on anyone dealing with the specified materials and wastes. If you are doing anything with any of these substances then you need to check the appropriate CCO and comply with any relevant requirements. Failure to comply with the CCO or associated licence conditions is an offence under the EHC Act. The maximum penalties for these offences are $137,500 for a corporation and $66,000 for an individual.
For further information on chemical control orders please contact the Environment Line.
Current chemical control orders
There are five chemical control orders currently in place in NSW. A brief outline of these orders and access to them is provided below.
The EHC Act has appeal provisions relating to the making of CCOs. If you have objections to the making of this order see Division 5, Part 6 of the EHC Act for appeal provisions. Appeals will be considered only if they are made in writing to Manager Chemicals Policy Section (email: info@environment.nsw.gov.au ) within 30 days after the date of gazettal of this order.
Note: Copies of the official print version of the CCOs may only be obtained from the NSW Government Gazette. Gazette references are given for each order in the pdf files below. References in CCOs to the State Pollution Control Commission (SPCC) should be read as the 'Environment Protection Authority' (EPA). The EPA is a statutory body established under the Protection of the Environment Administration Act 1991 and is administered by the DECC.
1. Chemical control order in relation to aluminium smelter wastes containing fluoride and/or cyanide, 1986
(alumsmet.pdf, 24kb; requires acrobat reader)
The smelting of aluminium generates wastes that contain cyanide and fluoride. This is particularly true of wastes collected from smelting pots and shot blast cleanings. Cyanide is well known as being highly toxic to humans and most forms of animal life as it interferes with oxygen uptake. High levels of fluorides are generally toxic and irritating.
This CCO sets rules relating to activities that include processing, storing, transporting and disposing of these wastes. All of these activities are likely to trigger licensing requirements. Additional care is required for aluminium smelter wastes that contain high levels of water-soluble fluoride and/or cyanide (e.g. these wastes must be treated prior to disposal). The CCO sets the levels of cyanide and/or fluoride that would trigger these additional requirements and outlines the types of conditions that may be imposed by a licence in these circumstances (e.g. securing the premises, environmental monitoring, and remediating sites contaminated with these wastes).
2. Chemical control order in relation to dioxin-contaminated waste materials, 1986
(dioxin.pdf, 20kb; requires acrobat reader)
Dioxin is a compound of extreme concern to human and environmental health because it is bioaccumulative, persistent and toxic at very low concentrations. Dioxins are covered by the Stockholm Convention on Persistent Organic Pollutants. Cancer and other adverse health effects of dioxins have been observed both in animals and, to a more limited extent, in humans. In animals these non-cancer effects include changes in hormone systems, alterations in foetal development, reduced reproductive capacity, and immunosuppression.
Dioxins are a class of chemicals that are created through the burning of certain wastes, smelting, manufacturing of certain classes of chemicals, and in forest fires and volcanic eruptions. Australia generally has low levels of dioxins compared to other countries. Nevertheless, Australia is undertaking a range of measures through the National Dioxin Programme to ensure that dioxin levels in humans and the environment remain low.
This CCO specifically relates to only one member of this family; 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD), internationally classified as a known human carcinogen.
The CCO prohibits the disposal of these wastes and requires a licence from the DECC for processing, storing, selling, distributing or conveying them. The CCO also sets out additional requirements that may be imposed by a licence (for example, environmental monitoring, remediating any contamination on-site and processing of these wastes).
3. Organotin waste materials chemical control order 1989
(organotin.pdf, 23kb; requires acrobat reader)
Organotin waste is primarily generated by the shipping industry during the removal of antifouling paint containing organotin chemicals. Organotin was once widely used as a pesticide to control the growth of algae and other fouling organisms on ship hulls.
Pesticides are assessed and registered for use in Australia by the Australian Pesticides and Veterinary Medicines Authority (APVMA). The APVMA cancelled the registration of all marine paints containing organotin and prohibited all use of such products after 31 July 2003 following an international agreement to phase out organotin marine paint. For more information on Australia's efforts to address this issue visit the Department of Environment and Water Resource's webpage on the antifouling program.
Organotin is toxic in the marine environment at extremely low concentrations and has been shown to interfere with the biological processes in a diverse range of species. It has been found to bioaccumulate in whales and other sea mammals and disrupt the endocrine system of a range of invertebrates leading to sterility and death. Accordingly, management of organotin wastes requires special care and this is reflected in the requirements set out in the CCO. The CCO requires boat repair facilities and other premises that apply or remove organotin antifouling paint to vessels larger than 25 metres in length to hold a licence from the DECC if they plan to generate or store wastes containing organotin.
The CCO also sets controls on the disposal of all solid or liquid organotin wastes generated during the application or removal of antifouling paint. The CCO only applies to dredged sediments contaminated with organotin where these are clearly associated with facilities used to apply or remove organotin products (this is likely to include, for example, sediments immediately adjacent to slipways).
The procedure for disposal of organotin wastes subject to the CCO is as follows:
- Organotin wastes may be disposed of to an industrial waste landfill or a solid waste class 2 landfill provided that the waste is completely isolated from the other waste and leachate in the landfill cell.
- Upon arrival at the landfill, the organotin waste must be placed immediately in a designated area in a landfill waste cell. The waste must be separated on all sides by at least 600 mm of clean clay liner material so that the treated waste placed within the cell is completely isolated from other wastes in the landfill. The disposal of the treated wastes must be supervised by the landfill operator.
- Sludges must be fully dewatered so as to fulfil the physical requirement for non-liquid wastes as set out in the Environmental Guidelines - Assessment, Classification and Management of Liquid and Non-liquid Wastes. Any resulting aqueous liquid is highly likely to be classified as either hazardous waste or group A waste, and as such would need to be sent to an appropriately licensed facility for treatment.
- If the dewatered waste contains any other contaminants listed in the waste guidelines at levels above industrial waste criteria it may be necessary to apply for a specific approval for the immobilisation of those contaminants. (Technical Appendix 2 of the waste guidelines sets out the requirements and information that needs to be provided.) More information is available on tracking requirements for hazardous, industrial and group A wastes.
4. Polychlorinated biphenyl (PCB) chemical control order 1997
(pcbcco1997.pdf, 58kb; requires acrobat reader)
Polychlorinated biphenyl compounds (PCBs) are a class of highly persistent, bioaccumulative chemicals covered by the Stockholm Convention on Persistent Organic Polltants. They were once widely used in a range of electrical applications including transformers and capacitors.
Health effects that have been associated with exposure to PCBs include acne-like skin conditions in adults and neurobehavioral and immunological changes in children. Experiments have identified that PCBs may be a human carcinogen, an endocrine disruptor and an immune system disruptor.
PCBs are still present in products such as electrical transformers and light fittings. However quantities have been declining as the staged phaseout mandated by the National PCB Management Plan draws to a close at the end of 2009. This plan is given legal force in NSW through the PCB chemical control order. The order requires PCBs to be phased out in various uses, depending upon the concentration of PCBs and whether they are close to sensitive areas such as schools or hospitals. All PCBs in concentrations above 2mg/kg must be removed from service or treated in situ by 1 Jan 2009 with treatment required by 1 Jan 2010 at the latest.
This CCO sets controls on activities including the generation, processing, storing, conveying and disposing of PCB material or PCB wastes, depending upon the PCB concentration. Dilution of the PCB concentration is prohibited. The order also requires people storing PCBs to:
- develop emergency management arrangements;
- carry out a survey of potential PCB containing equipment; and
- undertake a risk management program to ensure that PCBs are removed from equipment and/or processed to reduce PCB levels, within specified timeframes.
Processing of PCBs in concentrations greater than 2mg/kg is likely to trigger an assessment by the DECC. Processing of PCBs below this concentration still requires written approval from the DECC. Processing transformer oil containing PCBs is considered to include any activity apart from gravity draining. Under no circumstances should oil containing PCBs above 2mg/kg be burned as waste oil unless the operator holds a valid POEO or EHC licence.
5. Scheduled chemical wastes chemical control order 2004
(scwcco2004.pdf, 36kb; requires acrobat reader)
Scheduled chemical wastes are wastes containing chemicals defined by the schedule attached to the order. The schedule lists 24 chemicals including a number of organochlorine pesticides which are no longer registered for use (e.g. DDT, dieldrin, heptachlor) as well as some industrial waste by-products (eg 1,2,4-trichlorobenzene). These chemicals are of concern because of their persistence, tendency to bioaccumulate and toxicity to living things. Adverse effects include hormone disruption, cancer and reproductive toxicity. Most of the scheduled chemical wastes are covered under the Stockholm Convention on Persistent Organic Pollutants and special care is taken to minimise their impacts on the environment.
This CCO establishes requirements for the management and control of the wastes that contain scheduled chemicals at a combined concentration above one (2) milligrams per kilogram (mg/kg). It covers certain activities such as generating, processing, storing, distributing, conveying and disposing of scheduled chemical wastes.
Processing of scheduled chemical waste may require a technology assessment and approval by the DECC.