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Cabinet Decision on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc.

On February 16, 2018, the Cabinet decided to approve the Cabinet Order for the Partial Revision of the Order for Enforcement of the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc.

The Cabinet Order is to set the upper limit of the total production quantity of new chemical substances across Japan under the Special Arrangements for Evaluation Requirements revised along with the Act for Partial Revision of the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc. that was promulgated in June 2017 (Act No. 53 of 2017; hereinafter referred to as the “Revised Act”), and it is also to designate polychlorinated linear-chain paraffin and decabromodiphenyl ether as those added to the list of the Class I Specified Chemical Substances.*

1. Summary of the Cabinet Order

(1) Revision along with the Revised Act

Along with the enforcement of the Revised Act, the Cabinet Order is to stipulate the total environmental emissions, i.e., the upper limit of the quantity of manufacture in or import into Japan, of new chemical substances under the Special Arrangements for Evaluation Requirements to be 1 ton under the Special Arrangements for a Small Quantity of New Chemical Substances and 10 tons under the Special Arrangements for a Small Production Quantity of New Chemical Substances (Article 3 (3) and Article 4 (2) of the Revised Act).

 

(2) Addition of new chemicals to the list of the Class I Specified Chemical Substances

The Cabinet Order is to designate the following new chemicals as those added to the list of the Class I Specified Chemical Substances under the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc.: [i] polychlorinated linear-chain paraffin, limited to those that have 10 to 13 in the number of carbons and whose chlorine content is over 48% in the total weight, and [ii] 1, 1’-oxybis (2, 3, 4, 5, 6-pentabromobenzene; alias, decabromodiphenylether) (Article 1 of the Revised Act).

 

*Note: The list of the Class I Specified Chemical Substances covers chemical substances that are toxic for human beings or other animals at the top of the food chain with long-time intake, persistent and highly accumulating. Concerning these substances, businesses are required to receive permission for manufacture and import, both of which are prohibited in principle, are limited in use, and are prohibited from importing designated products under the cabinet orders.

 

(3) Designation of products that businesses are not permitted to import as those containing any of the Class I Specified Chemical Substances

The Cabinet Order is to designate the following products that businesses are not permitted to import if such products contain any of the Class I Specified Chemical Substances (Article 7 of the Revised Act).

 

A. Products that businesses are not permitted to import if such products contain polychlorinated linear-chain paraffin, limited to those that have 10 to 13 in the number of carbons and whose chlorine content is over 48% of the total weight

  1. Lubricating oil, cutting oil and hydraulic oil
  2. Additives to adjust raw materials to have flame-proofing
  3. Plasticizer for resin or rubber
  4. Paint, limited to those with water-proofing or flame retardance
  5. Adhesives and sealing fillers
  6. Fatliquoring agents for leather
 

B. Designation of products that businesses are not permitted to import as those containing decabromodiphenylether

  1. Additives treated to have flame-proofing
  2. Additives to adjust raw materials, resin or rubber to have flame-proofing
  3. Adhesives and sealing fillers
  4. Floor rugs treated to have flame-proofing
  5. Curtains treated to have flame-proofing
  6. Flags or banners treated to have flame-proofing
 

C. Designation of additional products that businesses are not permitted to import as those containing PFOS or salt thereof

  1. Etching agents, limited to those used for manufacturing compound semiconductors by which piezoelectric filters or wireless equipment can transmit and receive radio waves with frequencies of 3 MHz or more
  2. Resists for semiconductors
  3. Commercial photographic films
 

(4) Removal of certain applications from the list of those in which any of the Class I Specified Chemical Substances are permitted to be used

The Cabinet Order is to remove the following applications from the list of those in which PFOS or salt thereof are permitted to be used (Article 8 of the Revised Act).

  1. Manufacturing of etching agents, limited to those used for manufacturing compound semiconductors by which piezoelectric filters or wireless equipment can transmit and receive radio waves with frequencies of 3 MHz or more
  2. Manufacturing of resists for semiconductors
  3. Manufacturing of commercial photographic films
 

(5) Removal of products from the list of those required to meet predetermined technical standards

The Cabinet Order is to remove the following products from the list of those containing PFOS or salt thereof that are required to meet predetermined technical standards. However, fire extinguishers, extinguishing agents for fire extinguishers and fire-extinguishing foam will continue to be listed in designated products for some time (Article 9 of the Revised Act, and Article 3 of the Initial Supplementary Provisions).

  1. Etching agents, limited to those used for manufacturing compound semiconductors by which piezoelectric filters or wireless equipment can transmit and receive radio waves with frequencies of 3 MHz or more
  2. Resists for semiconductors
  3. Commercial photographic films

2. Future schedule

Promulgation: February 21, 2018 (tentative)
Enforcement: April 1, 2018
(Please note that the provisions involving item 1 (1) above will come into force on January 1, 2019, and those involving item 1 (3) above will come into force on October 1, 2018.)

Release date

February 16, 2018

Division in Charge

Chemical Safety Office, Chemical Management Policy Division, Manufacturing Industries Bureau

Ministry of Economy, Trade and Industry1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8901, Japan Tel: +81-(0)3-3501-1511
Copyright Ministry of Economy, Trade and Industry. All Rights Reserved.