Gazette No. C 02 Tuesday 5 February 2013 Published by the National Industrial Chemicals Notification and Assessment Scheme - NICNAS CHEMICAL © Commonwealth of Australia 2013 ISBN 1035-9877 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth available from the Attorney-General’s Department. Requests and inquiries concerning reproduction and rights should be addressed to: Commonwealth Copyright Administration Copyright Law Branch Attorney-General's Department Robert Garran Offices National Circuit Canberra ACT 2600 email: Commonwealth.Copyright@ag.gov.au <mailto:Commonwealth.Copyright@ag.gov.au> web: <http://www.ag.gov.au/cca> The Industrial Chemicals (Notification and Assessment) Act 1989 (the Act) commenced on 17 July 1990. As required by Section 5 of the Act, a Chemical Gazette is published on the first Tuesday in any month or on any days prescribed by the regulations. CONTENTS CONSULTATIONS PG NIL SPECIAL NOTICES 1 NOTICE REGARDING PROPOSED AMENDMENTS TO REGULATION 4J 5 NEW CHEMICALS FULL PUBLIC REPORTS 2 LTD/1580 ROSOXIME LTD/1617 TILLENAL LTD/1628 SILANE, ETHENYLTRIS[(1METHYLETHENYL)OXY]- LTD/1636 POLYMER IN GP SHP 60 PLUS LTD/1642 POLYMER IN FLUID 22260 VP STD/1424 AMINES, N-C10-16-ALKYLTRIMETHYLENEDI-, REACTION PRODUCTS WITH CHLOROACETIC ACID STD/1429 LIGHT ACRYLATE EDHG-AT STD/1431 ACRYLATE ESTER 1 IN HP SCITEX UV CURABLE INKS STD/1432 ACRYLATE ESTER 2 IN HP SCITEX UV CURABLE INKS PLC/1069 POLYMER IN FLUID LOSS CONTROL ADDITIVE D193 AND GASBLOK LT D500 PLC/1101 POLYMER IN VISCOPOL 8222 PLC/1102 LEXAN CFR 7 PLC/1105 3 PRIPLAST 3159 ACCESS TO FULL PUBLIC REPORTS 9 PERMITS ISSUED 4 EARLY INTRODUCTION PERMITS 10 5 COMMERCIAL EVALUATION CATEGORY PERMITS 11 6 LOW VOLUME CHEMICAL PERMITS 12 AUSTRALIAN INVENTORY OF CHEMICAL SUBSTANCES 7 NOTICE OF CHEMICALS ELIGIBLE FOR LISTING ON THE AUSTRALIAN INVENTORY OF CHEMICAL SUBSTANCES FIVE YEARS AFTER ISSUING OF ASSESSMENT CERTIFICATES 13 8 NOTICE OF CHEMICALS ELIGIBLE FOR IMMEDIATE LISTING ON THE AUSTRALIAN INVENTORY OF CHEMICAL SUBSTANCES AFTER ISSUING OF ASSESSMENT CERTIFICATES 14 5 1 NOTICE REGARDING PROPOSED AMENDMENTS TO REGULATION 4J This notice details proposed minor amendments to Regulation 4J of the Industrial Chemicals (Notification and Assessment) Regulations 1990 (the Regulations) to correct a recently discovered error in the drafting of the Regulations. Background Regulation 4J sets out the environmental effects criteria that must be met for a chemical to be defined as a non-hazardous chemical under the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act). The term ‘non-hazardous chemical’ is defined in Section 5(2) of the Act and currently appears in three sections of the Act involving new chemicals that are regarded as low risk: 1. Section 30A, to define the chemicals for which an early introduction permit (EIP) application can be made when a certificate has already been sought but not yet issued under Section 23; 2. Section 23A, to define the chemicals for which a self-assessed certificate application can be made; 3. Subsection 21(6)c(i), to define the chemicals which are eligible for the exemption category for chemicals introduced at less than 1% in a cosmetic product. The two newer categories (2 and 3 above) were introduced in 2004 with the passage of the Industrial Chemicals (Notification and Assessment) Amendment (Low Regulatory Concern Chemicals) Bill. However, when the Regulations were consequentially amended in 2004 to include the prescribed criteria for the two new categories, it appears that a drafting error was made as Regulation 4J was not drafted to refer to all three sections of the Act for which the definition of non-hazardous chemical applies. Instead the current Regulation 4J only sets out the criteria in reference to Section 23 of the Act. This is entirely appropriate for the application of this criterion when the definition of non-hazardous chemical is being applied for an EIP application. However, as currently written, Regulation 4J does not apply these environmental criteria to chemicals being considered for eligibility as non-hazardous chemicals for the purposes of self-assessment (Sn23A) or the cosmetics exemption category (Sn21(6)c(i)). It is clear from the Explanatory Memorandum (Items 19, 43 and 87) for the 2004 LRCC amendment bill that the definition of non-hazardous chemical was intended to apply to all three sections of the Act. Moreover the RIS conducted for this bill (ORR reference number 5053), and included in the Explanatory Memorandum, had already addressed the impacts of the additional environmental criteria applying to the above three categories. The Office of Best Practice Regulation (OBPR) has determined that the proposed changes to Regulation 4J are ‘machinery of government in nature’ and a RIS is not required (OBPR Ref 14667). When the reforms were implemented by NICNAS, the environmental criteria set out in Regulation 4J were applied to both the self-assessment category and the cosmetics exemption category, as was the original intent. This was announced in the special Chemical Gazette notice published by NICNAS on 16 August 2004 (pages 6, 7, 9-13) and was incorporated into the NICNAS Handbook for Notifiers (sections 2.6(e) and 5.7). Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013 6 Proposed Amendment The proposed amendment will insert the references to Section 23A and subsection 21(6)c(i) into Regulation 4J. This proposed amendment is considered to be minor in nature as it will align the text of Regulation 4J with the originally intended application and with the current NICNAS practice. NICNAS intends to include this amendment to Regulation 4J in amendments to the Regulations it is currently developing that are consequential to the Industrial Chemicals (Notification and Assessment) Amendment Bill 2012, which received Royal Assent on 6 November 20121. NICNAS proposes the amendment to Regulation 4J will commence immediately on commencement of the amended Regulations, most likely before 1 July 2013. For any queries regarding this proposal, please contact Dr Sarah Rumble on 02 8577 8836 or by email to sarah.rumble@nicnas.gov.au. 1 The Industrial Chemicals (Notification and Assessment) Amendment Bill 2012 amends the Industrial Chemicals (Notification and Assessment) Act 1989 to increase the tier structure for annual registration charges from three to four; decrease the threshold above which registration charges will be paid from $500 000 to $100 000; introduce an application fee for businesses seeking authorisation to import or export industrial chemicals under the Prior Informed Consent procedure; remove a redundant fee for certain applications relating to the listing of chemicals on the Australian Inventory of Chemical Substances; and make technical amendments, including changing references to “Material Safety Data Sheets” to “Safety Data Sheets”. It also amends the Agricultural and Veterinary Chemicals Code Act 1994, which refers to the Industrial Chemicals (Notification and Assessment) Act 1989 regarding “Material Safety Data Sheets”. Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013 7 2 NEW CHEMICALS FULL PUBLIC REPORTS Reference Number Applicant Chemical or Trade Name Hazardous Substance Introduction Volume (per annum) Use LTD/1580 Firmenich Limited Rosoxime ND <1 tonne per annum LTD/1617 Firmenich Limited Tillenal Yes ≤ 1 tonne per annum LTD/1628 Three Bond Singapore Pte Ltd ND ≤ 0.36 tonnes per annum LTD/1636 Dow Corning Australia Pty Ltd Silane, ethenyltris[(1methylethenyl)ox y]Polymer in GP SHP 60 PLUS Component of cosmetic and household cleaning products Fragrance ingredient in cosmetic and household products Adhesive for automotive industries ND ≤ 40 tonnes per annum Additive for construction materials LTD/1642 Wacker Chemie AG Polymer in Fluid 22260 VP ND ≤ 5 tonnes per annum STD/1424 Brenntag Australia Pty Ltd Amines, N-C1016alkyltrimethylene di-, reaction products with chloroacetic acid Yes ≤ 2 tonnes per annum Antifoaming agent for the paper industry Component of hard surface industrial cleaners STD/1429 Sojitz Australia Limited Light Acrylate EDHG-AT Yes ≤ 100 tonnes per annum Component of UV curable printing plates STD/1431 Brenntag Australia Pty Ltd Hewlett Packard Australia Pty Ltd Acrylate Ester 1 in HP Scitex UV Curable Inks Yes ≤ 20 tonnes per annum Component of industrial printing inks Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013 8 STD/1432 Hewlett Packard Australia Pty Ltd Brenntag Australia Pty Ltd Acrylate Ester 2 in HP Scitex UV Curable Inks Yes ≤ 20 tonnes per annum Component of industrial printing inks PLC/1069 Schlumberger Australia Pty Ltd Polymer in Fluid Loss Control Additive D193 and GASBLOK LT D500 No ≤ 300 tonnes per annum Cement additive PLC/1101 Nuplex Industries (Aust) Pty Ltd Sabic Innovative Plastics Australia Pty Ltd PPG Industries Australia Pty Ltd Polymer in Viscopol 8222 No Lexan CFR No ≤ 300 tonnes per annum ≤ 200 tonnes per annum Ingredient of metal or coil coatings Component of plastics Croda Singapore Pte Ltd (trading as Croda Australia) Priplast 3159 No < 2 tonnes per annum Component of sealants, coatings and plastics PLC/1102 PLC/1105 ND: Based on the information available, the notified chemical cannot be classified according to the Globally Harmonised System for the Classification and Labelling of Chemicals (GHS), as adopted for industrial chemicals in Australia, or the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008(2004)] *Select link to view full public report from the NICNAS website Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013 9 3 ACCESS TO FULL PUBLIC REPORT NICNAS publishes a full public report for each new chemical assessed. These reports are available for inspection at our NICNAS office by appointment only at Level 7, 260 Elizabeth St SURRY HILLS NSW 2010. Reports can also be viewed and downloaded free of charge from our website at http://www.nicnas.gov.au. Copies of these reports may also be requested, free of charge, by contacting NICNAS by phone: (02) 8577 8800 or fax: (02) 8577 8888. Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013 10 4 EARLY INTRODUCTION PERMITS FOR NON-HAZARDOUS INDUSTRIAL CHEMICALS The permits listed in Table 1 were issued to import or manufacture the following chemicals prior to the issue of their respective assessment certificates under section 30A of the Act. Table 1 Early Introduction Permits PERMIT NUMBER COMPANY NAME 874 DuPont (Australia) Pty Ltd Polymers International Australia Pty Ltd Woolworths Ltd Cytec Australia Holdings Pty Ltd Clariant Australia Pty Ltd 875 881 882 883 Chemical Gazette 2013 CHEMICAL OR TRADE NAME Ethene, 1,1,2,2tetrafluoro-, polymer with 1,1-difluoroethene and 1,1,2-trifluoro-2(trifluoromethoxy)ethene USE Aeronautical and automotive parts Polymer in Minwax Wood Finish Polymer in AERO 8860GL GCA Depressant Binder in furniture stain CL 100-B in Safebrake 10M Component of brake fluid Processing aid in mineral flotation Commonwealth of Australia Gazette No. C 02, 05 February 2013 11 5 COMMERCIAL EVALUATION CATEGORY PERMIT The permits listed in Table 2 were issued to import or manufacture the following chemicals for commercial evaluation under section 21G of the Industrial Chemicals (Notification and Assessment) Act 1989. Table 2 Commercial Evaluation Category Permits PERMIT COMPANY COMPANY CHEMICAL OR HAZARDOUS NUMBER NAME POSTCODE TRADE NAME SUBSTANCE QUANTITY Huntsman 3023 Advanced Materials (Australia) Pty Ltd Chemical in Eriofast Blue 3G Yes 4000 kg 802 Renewal Huntsman 3023 Advanced Materials (Australia) Pty Ltd Chemical in Eriofast Blue 3R Yes 4000 kg 803 Renewal Huntsman 3023 Advanced Materials (Australia) Pty Ltd Huntsman 3023 Advanced Materials (Australia) Pty Ltd Chemical in Eriofast Red 2B ND 4000 kg Chemical in Eriofast Yellow 5G Yes 4000 kg Ricoh Australia Pty Ltd Eastman Chemical Limited 2086 SC-506 ND 4000 kg 2000 Ethanol, 2[(2ethylhexyl) oxy]- Yes 4000 kg 805 806 Renewal PERIOD APPROVED 801 Renewal 804 Renewal USE Reactive dye for colouration of cotton and manufactured fibres Reactive dye for colouration of cotton and manufactured fibres Reactive dye for colouration of carpet fibres Reactive dye for colouration of cotton and manufactured fibres Paper treatment ingredient Component of industrial coatings 20/12/2012 to 20/12/2014 20/12/2012 to 20/12/2014 20/12/2012 to 20/12/2014 20/12/2012 to 20/12/2014 20/12/2012 to 20/12/2014 14/01/2013 to 14/01/2015 ND: Based on the information available, the notified chemical cannot be classified according to the Globally Harmonised System for the Classification and Labelling of Chemicals (GHS), as adopted for industrial chemicals in Australia, or the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008(2004)] Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013 12 6 LOW VOLUME CATEGORY PERMITS The permits listed in Table 3 were issued to import or manufacture the following chemicals under section 21U of the Industrial Chemicals (Notification and Assessment) Act 1989. Low Volume Category Permits are approved for 36 months. Table 3 Low Volume Category Permits PERMIT NUMBER COMPANY NAME 950 Renewal 3M Australia Pty Ltd 958 Renewal CHEMICAL OR TRADE NAME HAZARDOUS SUBSTANCE 2113 3M TM Screen Print Gloss Clear 1920DR ND Huntsman Advanced Materials (Australia) Pty Ltd Cosmetic Suppliers Pty Ltd 3023 Adduct RGW Yes 2113 HC Blue No.15 Yes An ingredient in hair dyeing agents 972 Cosmetic Suppliers Pty Ltd 2113 Blue Hair Dye 2 (Tetrabromophenol Blue) Yes An ingredient in hair dyeing agents 993 Renewal Atotech Australia Pty Ltd 3175 EXP-282 No Additive used in hard chrome plating 970 COMPANY POSTCODE USE Component of printed graphic coatings Component of adhesive ND: Based on the information available, the notified chemical cannot be classified according to the Globally Harmonised System for the Classification and Labelling of Chemicals (GHS), as adopted for industrial chemicals in Australia, or the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008(2004)] Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013 13 7 NOTICE OF CHEMICALS ELIGIBLE FOR LISTING ON THE AUSTRALIAN INVENTORY OF CHEMICAL SUBSTANCES FIVE YEARS AFTER ISSUING OF ASSESSMENT CERTIFICATES Notice is given in accordance with section 14(1) of the Industrial Chemicals (Notification and Assessment) Act 1989, that the following chemicals have been added to the Australian Inventory of Chemical Substances. Table 4 Chemicals Eligible for Listing on the Australian Inventory of Chemical Substances CHEMICAL NAME MOLECULAR FORMULA CAS NUMBER Fatty acids, C18-unsatd., dimers, polymers with ethylenediamine, 7oxabicyclo[4.1.0]hept-3-ylmethyl 7oxabicyclo[4.1.0]heptane-3carboxylate, piperazine, polypropylene glycol diamine and sebacic acid Unspecified 474000-94-7 Hexanedioic acid, polymer with 1,2ethanediol, 1,3-isobenzofurandione, 4,4'-(1-methylethylidene)bis[phenol], oxiranylmethyl neodecanoate and 1,2,3-propanetriol (C15H16O2.C13H24O3.C8H4O3.C6H10 O4.C3H8O3.C2H6O2)x 851292-44-9 Propanoic acid, 3-hydroxy-2(hydroxymethyl)-2-methyl-, polymer with dimethyl carbonate, 1,6hexanediol, 5-isocyanato-1(isocyanatomethyl)-1,3,3trimethylcyclohexane and 1,1'Unspecified methylenebis[4isocyanatocyclohexane], polyethylene-polypropylene glycol mono-Bu ether-blocked, compds. with triethylamine 577954-04-2 Tin, Bu 1-dodecanethiol 2mercaptoethanol thioxo complexes Unspecified 210920-40-4 1H-Pyrazole-3-carboxylic acid, 4-[2[6-[2-[4-[2-(1,5-disulfo-2naphthalenyl)diazenyl]-2-methoxy-5methylphenyl]diazenyl]-5-hydroxy-7sulfo-2-naphthalenyl]diazenyl]-4,5dihydro-5-oxo-1-(4-sulfophenyl)-, lithium sodium salt (1:?:?) C38H28N8O17S4.xLi.xNa 1072113-42-8 Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013 14 8 NOTICE OF CHEMICALS ELIGIBLE FOR IMMEDIATE LISTING ON THE AUSTRALIAN INVENTORY OF CHEMICAL SUBSTANCES AFTER ISSUING OF ASSESSMENT CERTIFICATES Notice is given in accordance with section 13B of the Industrial Chemicals (Notification and Assessment) Act 1989, that the following chemicals have been added to the Australian Inventory of Chemical Substances. Table 5 Chemicals Eligible for Immediate Listing on the Australian Inventory of Chemical Substances CHEMICAL NAME MOLECULAR FORMULA CAS NUMBER 2-Propenoic acid, polymer with docosyl 2-propenoate and ethenylbenzene, compd. with 2(dimethylamino)ethanol (C25H48O2.C8H8.C3H4O2)x.xC4H11NO 1365029-41-9 Poly[oxy(methyl-1,2-ethanediyl)], .alpha.-[[[3(trimethoxysilyl)propyl]amino]carb onyl]-.omega.-[[[[3(trimethoxysilyl)propyl]amino]carb onyl]oxy]- (C3H6O)nC14H32N2O9Si2 216597-12-5 (C14H22O2.C8H14O2.C8H8.C7H12O3.C7 H12O2.C6H10O3.C5H8O2.C3H4O2)x 1079802-37-1 (C8H14O2.C8H8.C7H12O2.C4H6O2.C3H4 O2)x 68414-04-0 C11H18O 850997-10-3 C10H19NO 19096-86-7 2-Propenoic acid, 2-methyl-, butyl ester, polymer with butyl 2propenoate, ethenylbenzene, 4hydroxybutyl 2-propenoate, 2hydroxyethyl 2-methyl-2propenoate, methyl 2-methyl-2propenoate, 2-propenoic acid and rel-(1R,2R,4R)-1,7,7trimethylbicyclo[2.2.1]hept-2-yl 2methyl-2-propenoate 2-Propenoic acid, 2-methyl-, polymer with butyl 2-methyl-2propenoate, butyl 2-propenoate, ethenylbenzene and 2-propenoic acid 1-Cyclohexene-1-propanal, 4,4dimethyl Cyclohexanone, 5-methyl-2-(1methylethyl)-, oxime Chemical Gazette 2013 Commonwealth of Australia Gazette No. C 02, 05 February 2013