Australia to ban BPDE, mercury in products and restricts other petrochemicals
Australia’s Department of Climate Change, Energy, the Environment and Water (DCCEEW), on 8 May 2025, notified the WTO of a proposal to place decabromodiphenyl ethane (DBDPE, CAS 84852-53-9) and mercury compounds on list 6 of its Industrial Chemicals Environmental Management Standard (IChEMS), triggering a WTO consultation for other companies and trade representatives outside of Australia. The consultation follows the conclusion of the national consultation with the domestic country which ended one day after the WTO notification. The proposal would effectively place severe restrictions and bans on the use of decabromodiphenyl ethane (DBDPE, CAS 84852-53-9) starting on 1 January 2027 and mercury compounds starting on 1 January 2026. The domestic consultation also proposes to place chemical management procedures for 4 other chemical groups.
The impact of this proposal could have significant effects on certain sectors including manufacturers and retailers of electrical and electronic products, automotive and aerospace, furniture and the plastic industry. While Australia has extended compliance deadlines for some of these applications, the process of finding alternatives, product and formulation design or shifting suppliers could well extend beyond these deadlines and would increase the business cost for these industries.
DBDPE
The proposal would prohibit the manufacture, importation and use of DBDPE in products including manufactured articles starting on 1 January 2027. Unintentional trace contamination (UTC) level for DBDPE in chemical substances and mixtures would be permitted if it is equal to or less than 10 mg/kg. UTC levels in manufactured articles (e.g. fully formed products where the chemicals are not designed to be released) are permitted if they remain below 500 mg/kg. These requirements align with existing Australia’s restrictions for decabromodiphenyl ether (decaBDE).
DBDPE is widely used as a flame retardant in plastics and thermoplastic, including applications for electronic sectors (e.g. plastic casings, insulation for wires, cables). It is also used in paint coatings for construction, automobile and furniture sectors, and in flame-retardant rubber products used by the transportation and aerospace sectors (e.g rubber seals).
Manufactured articles or products, which are required to comply with fire retardancy standards and where no viable alternative exists to replace DBDPE, received an extension until 1 July 2033. By that date, DBDPE will also be prohibited for use in product applications in aerospace, automotive, transport, buildings and construction sectors and in electrical and electronic equipment. Replacement parts for these applications are permitted for sale and use until 1 July 2048.
Mercury
By 1 July 2026, Australia will also ban the use of mercury in products with the exception of those already existing on the market prior to this date. Mercury-containing fluorescent lamps where no viable alternative exists are permitted for use until 1 July 2027. High pressure sodium vapour and metal halide lamps for general lighting purposes are permitted until 1 June 2030.
DCCEEW’s mercury ban does not apply to special purpose mercury containing lamps (specialty or niche market lamps not used for general lighting), including UV lamps for a variety of purposes – polymer curing, disinfection, chemicals treatment and pest control. Products regulated under the Therapeutic Goods Regulations 1990 or the Agricultural and Veterinary Chemicals (Administration) Act 1992, such as vaccines containing thiomersal and dental amalgam, are also exempted from the DCCEEW’s ban.
Risk management for other chemicals
By 1 January 2026, users, manufacturers, importers of the following chemicals must follow risk management procedures:
1,2-dibromoethane (CAS 106-93-4)
1,2-dichloroethane (CAS 107-06-2)
Methylcyclopentadienyl manganese tricarbonyl (MMT, CAS 12108-13-3)
Aryl sulfonate hydrotropes
While the DCCEEW concluded these chemicals presented lower risk to the environment, it nevertheless, would impose risk management for these chemicals, which includes identifying risks as well as the development, assessment, evaluation and monitoring of control measures. Companies or entities handling these chemicals must also:
ensure safe storage, handling and disposal of the chemicals;
plan for and respond effectively and promptly to industrial chemical incidents;
and communicate with people throughout the supply chain to ensure those handling the chemicals are aware of these risks
Supply chain communication includes but is not limited to placing hazard and risk information on the safety data sheet, material sheet or through other communication means.
#chemical management #DBDPE #mercury #risk management #mmt
