National PFAS Position Statement - Publication and Consultation

The National PFAS Position Statement  (the Position Statement) was added to the Intergovernmental Agreement on a National Framework for Responding to PFAS Contamination following a 2019 review of the operation of the Intergovernmental Agreement. The Position Statement articulates the shared view of Australian governments that further release of PFAS into the environment from ongoing use should be prevented where practicable and that actions to reduce or phase out the use of PFAS should be nationally consistent.

The Position Statement lists a set of nationally agreed objectives for phasing-out the use of PFAS of concern in Australia. It is designed to encourage discussion between government, industry and other stakeholders to identify options for achieving these objectives.

Industry

The Position Statement does not impose regulatory measures or specific timeframes. Instead it outlines a nationally agreed government stance on PFAS, and a series of objectives for minimising their release into Australia’s environment.

The Australian Government PFAS Taskforce (in the Department of Agriculture, Water and the Environment) will consult industry about the Position Statement in 2020. During this consultation, officials will discuss how governments can work together with industry to achieve the objectives of the Position Statement – through initiatives led by industry or government (including regulation). More information about this consultation process is provided below.

Community

Governments across Australia have heard the concerns of community members living in and around PFAS investigation sites, and their calls to take further action to prevent PFAS from entering the environment. In response, Australian governments have developed a set of objectives to prevent further releases of PFAS. These objectives are outlined in the National PFAS Position Statement (the Position Statement).

Most PFAS contamination in the Australian environment comes from the historical use of firefighting foams that contained these chemicals. Extensive investigation and management activities are underway at sites where these firefighting foams were used. However, some household products like carpets, furniture, water-proof clothing and paper and packaging materials may also contain PFAS and release these chemicals to the environment over time. Australian governments understand that Australian communities want to see more action taken to reduce the release of PFAS from all sources, to protect environmental and human health.

The Position Statement sets clear objectives for reducing the release of PFAS chemicals of concern from all sources in Australia. These objectives are designed to prompt action by PFAS users to reduce PFAS where practicable, in the lead up to government initiatives being implemented to better manage the environmental risks of industrial chemicals, including PFAS.

Community members can contact the Australian Government PFAS Taskforce with comments or questions about the Position Statement.

The National Standard for Environmental Risk Management of Industrial Chemicals (the National Standard) will fill a recognised gap in the environmental regulation of industrial chemicals in Australia, by setting a nationally consistent environmental management approach for the use and disposal of industrial chemicals, including PFAS. The National Standard will be established by Commonwealth framework legislation and implemented through regulations in each jurisdiction.

Work to establish the National Standard is currently underway, but developing and implementing legislation takes some time. In the interim, the National PFAS Position Statement (the Position Statement) sets out a set of objectives agreed by all Australian governments for reducing further uses of PFAS chemicals of concern. By setting clear objectives, the Position Statement is designed to help inform planning and action by PFAS users to reduce PFAS where practicable – before the National Standard is established.

During consultation on the Position Statement, the Australian Government PFAS Taskforce will be seeking information from industry about current PFAS uses. This information will help inform future decisions about PFAS restrictions under the National Standard, and start a national conversation about ways to reduce the use of PFAS chemicals of concern.

Australia’s vision for reducing PFAS releases into the environment is aligned with internationally agreed positions on these chemicals, including under the Stockholm Convention on Persistent Organic Pollutants. The Position Statement demonstrates that Australia is moving in the same direction as other countries that have ratified the Stockholm Convention.

Two PFAS are currently listed on the Stockholm Convention, PFOS and PFOA, and PFHxS was recommended for listing in October 2019 and will be considered by the next Conference of the Parties in 2021. All three of these chemicals are ‘long-chain’ PFAS. The Position Statement says: "ongoing sale or use of products… and articles… that contain long-chain PFAS…should be phased out”. Collaborative work between governments and industry to reduce PFAS uses, informed by the National PFAS Position Statement, will help position Australia to be able to put in place controls agreed by Parties to the Stockholm Convention, once the treaty-making process can be completed (see further information on this below).

Australia ratified the Stockholm Convention on Persistent Organic Pollutants (the Stockholm Convention) on 20 May 2004 as an ‘opt-in party’. This means that, unlike most other parties, Australia undertakes a domestic treaty making process to determine whether to ratify any amendments to the Convention, which includes any new chemical listings such as PFOS and PFOA.

To ratify listings of chemicals on the Stockholm Convention, Australia must be able to meet the Convention obligations to control uses of those chemicals. This requires regulations to be in place. Australia does not yet have the necessary legislation in place to meet the Stockholm Convention obligations for PFOS and PFOA.

The Position Statement is not regulatory. However, it will help the Australian Government to develop and implement appropriate and pragmatic restrictions on PFAS of concern under the proposed National Standard for Environmental Risk Management of Industrial Chemicals (the National Standard). The National Standard will fill a regulatory gap and provide a mechanism to be able to meet the Convention obligations.

The PFAS National Environmental Management Plan (PFAS NEMP) provides nationally agreed guidance on managing PFAS contamination in the environment, including preventing the spread of contamination. The PFAS NEMP supports collaborative action on PFAS by the Commonwealth, state and territory and local governments around Australia. Like the Position Statement, the PFAS NEMP is an Appendix to the Intergovernmental Agreement on a National Framework for Responding to PFAS Contamination. However, the PFAS NEMP deals with historical contamination by PFAS, while the Position Statement aims to reduce future PFAS use.

The Australian Government PFAS Taskforce will consult key industry associations and peak bodies who represent members that may import, manufacture, export, sell or use articles or products that may contain PFAS.  

If you wish to participate in the consultation, please Contact Us.

The Australian Government PFAS Taskforce (in the Department of Agriculture, Water and the Environment) will lead the Australian Government’s consultation on the National PFAS Position Statement.

If you have been identified as a relevant industry peak body, we will contact you by email in May 2020 seeking your feedback on the Position Statement and requesting information about how the Position Statement applies to you and your members.

Following this, we will organise opportunities for government officials and industry representatives to discuss opportunities to reduce the use of PFAS of concern in Australia. This second phase will be conducted in a flexible manner (multiple available options and timeframes), recognising the pressures businesses are experiencing due to the pandemic.

Through the consultation process the Australian Government aims to:

• collect feedback from industry on the Position Statement
• answer questions about the objectives of the Position Statement
• increase government and industry understanding of how PFAS are used in products and articles in Australia
• prompt consideration of whether certain products and articles entering Australia contain PFAS and if PFAS-free alternatives are available
• discuss potential opportunities for industry-led action to reduce PFAS use
• inform government policies and initiatives to better manage industrial chemicals.

By participating in the consultation, you have an opportunity to influence government decisions about how PFAS are managed in Australia. The Government is seeking feedback on the feasibility of different potential PFAS management strategies, and this consultation is an important step in shaping the Government’s thinking. Consultations also provide a forum to have your questions answered about the Position Statement and other PFAS management initiatives (in Australia or internationally).

Being involved will help to ensure practical controls and approaches are considered and are able to be implemented.

Please send an email to PFASTaskforce@environment.gov.au. Alternatively, you can send an enquiry through the Contact Us page.

The National PFAS Position Statement outlines government policy about a range of PFAS – beyond just PFOA, PFOS and PFHxS. The policy extends to all long-chain PFAS, their salts and their precursors, and all short-chain PFAS, their salts and their precursors. Several hundred substances are covered under these terms. The policy also applies to manufacturers and importers of the raw chemicals, as well as those businesses who use, import or market products and articles that contain PFAS.

Companies producing or using PFAS, selling mixtures or products containing these substances, and those using alternatives to PFAS are especially invited to take part in the consultation.

If you are unsure whether your business manufactures, imports, uses or markets PFAS, or PFAS-containing products and articles, the guidance below can assist you.

An indicative list of products and articles that may contain PFAS is given below.

Many of these products and articles can be made without PFAS (PFAS-free). Therefore, products or articles that appear on this list do not necessarily contain PFAS. However, PFAS-containing versions of some of these products and articles may be used in Australia. There may also be other PFAS-containing products and articles that are not on this list.

These lists were generated using the risk profiles for PFOS and PFOA published by the Stockholm Convention on Persistent Organic Pollutants. If you are unsure if your product or article contains PFAS, you can check using the guidance below.

* Products refer to chemical products, generally a mixture of chemicals in liquid form, which may undergo a change in chemical composition when used for their intended purpose. For example, a cosmetic product, paint, or stain-protector treatment.

** Articles refer to objects that have a particular shape, surface or design, and do not undergo a change in chemical composition when used for their intended purpose. For example, a couch, rain jacket or piece of paper.

You can use the guidance developed by the European Chemicals Agency (ECHA) to check whether a product or article that you import, manufacture, export, sell or use contains PFAS. Steps you can take include:

• Obtain the Safety Data Sheet or safety information/details from the producer.
• Obtain the Safety Data Sheet or safety information/details from suppliers of substances or mixtures.
• Obtain information up the supply chain (e.g. producers, importers and other suppliers of articles).
• Undertake chemical analysis of substances in products and articles.