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Abstract: A number of inventories involved in the management of hazardous chemicals compiled by different authorities are combed with a “historical review” in this article. Meanwhile, the inventories/catalogues newly developed since the enactment of the “Regulations on the Control over Safety of Hazardous Chemicals” (State Council Decree No. 591) are introduced with respect to their drafting background, main content and application scope.
Key words: Hazardous Chemical, Regulation, Inventory/Catalogue, Decree 591
There are a number of regulations concerning the management of the hazardous chemicals, among which the overarching one is the “Regulation on the Control over Safety of Hazardous Chemicals” (The State Council Decree No. 591 took place on Dec 1st, 2011, with its old version Decree No.344 replaced.). Besides, “Law of the People’s Republic of China on Prevention and Control of Occupational Diseases (Order of President No.52)” and “Regulation on the Control over Monitored Chemicals” are relevant legislations. In China, hazardous chemicals are controlled through management of inventories. Therefore, a detailed analysis of the different inventories with their background, contents and regulation scope could provide some guidance for hazardous chemicals personnel.
1 Inventories already Released on the Management of Hazardous Chemicals in China
According to the Decree No. 344 (the predecessor of Decree 591), the State Administration of Work Safety (SAWS), Ministry of Public Safety, Ministry of Environmental Protection, Ministry of Health, AQSIQ, Ministry of Railway, Ministry of Transport and Ministry of Civil Airline jointly released on 24 Jun 2003 the “List of Highly-Toxic Chemicals” (2002). According to the suggestions collected from different departments during its implementation, the “Notice on issuance of the supplementation and addendum of List of Highly Toxic Chemicals (2002)” was released jointly by the SAWS and other eight ministries/departments on 30 Dec 2003.
In 2005, the SAWS published the “Notification of the demonstration of toxicological data of part of the highly-toxic chemicals and the reviewing over the revision proposal of the “List of Highly-toxic Chemicals”. In the conference, discussion has been conducted upon whether 9 categories of highly-toxic chemicals should be deleted from the List, suggestion on the revision of the list has been proposed, which includes the deletion of “Decamethrin” and keeping the identification criteria unchanged. However, the list has not been revised until now, thus “Decamethrin” cannot be excluded from supervision. Highly toxic chemicals refer to chemicals of high toxic hazards, including synthetic chemicals and mixtures (including agrochemicals) and natural toxins. The list consists of 335 chemicals.
China adopts permit system on the operation/transaction over highly toxic chemicals. No entities or individuals are allowed to operate/transact highly toxic chemicals without permit issued. Companies’ use of highly toxic chemicals is under strict control. They must acquire a purchase voucher or permit of highly toxic chemicals granted by the competent authorities of public security before the real purchase activity. According to Decree 591, the corporate holders of a Hazardous Chemical Safe Production Permit/Safe Use Permit/Operation Permit are allowed to purchase a highly toxic chemical by displaying the corresponding license. Otherwise, they could apply for the purchase permit to the authority of public security at county level.
1.2 Catalogue of Monitored Chemicals in China
Back to January 13 of 1993, Delegates from China and other 129 countries co-signed the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction in the Paris UNESCO headquarter. To effectively implement the Convention in China, the State Council enacted and put into effect on 27 Dec 1995, a Decree 190 to regulate the safety management of domestic monitored chemicals.
10 Mar 1997, a supporting legislation as the implementation rules on Decree 190 was published by the Ministry of Chemical Industry (MCI) of the time (coded as MCI Order 12). Since then, China strengthened the state control on monitored/controlled chemicals and a special permit system was adopted in their supply chains including production, storage, use, import, export and disposal.
The monitored chemical is designated as any chemical that may cause death, temporary incapacitation or permanent damage to human and animal lives as a result of the chemical effects caused through its life cycle. Monitored chemicals are divided into four categories:
that can be used as chemical weapons (12 kinds);
that can be used as precursors in the production of chemical weapons (14 kinds);
that can be used as main raw materials in the production of chemical weapons (27 kinds);
Specified organic chemicals other than explosives and pure hydrocarbon compounds.
Each of the above four categories are divided into two sub-types (A and B). Type A chemicals can be used directly as weapons; type B can be used to produce chemical weapons.
In 2005, the State Council enforced the Decree 445, entitled as Regulation on the Administration of Precursor Chemicals, aiming to strengthen the safety control over precursor chemicals in China, prevent their illegal use in drug manufacturing so that stability in economic and social order could be maintained. Production, distribution, purchase, transportation, import and export of precursor chemicals are subject to this regulation. Decree 445 is attached with a classification and category list of precursor chemicals, divided into three categories.
5 April 2006, the State Administration of Work Safety (SAWS) published Measures of the Administration on Manufacturing and Operation License for non-pharmaceutical precursor chemicals (SAWS Order 5). This legislation entered into force on April 15 of the same year. 22 Aug 2006, another legislation concerning the management on precursor chemicals purchase & distribution and transport was released by the Ministry of Public Security (MPS Order 87), which became effective on October 1, 2006. The latest regulation on precursor chemicals has been enacted by the Ministry of Health (MOH) on 18 Mar 2010, namely, Measures for the Administration on the Pharmaceutical Precursor Chemicals (MOH Order 72). It has taken effect from 1 May, 2010. The three authorities (SAWS, MPS and MOH) exercise specific control and supervision from different impacts of precursor chemicals.
1.4 Catalogue of Commodities Prohibited from Import and Export
For the purpose of implementing the provisions drawn up in the Rotterdam Convention and the Stockholm Convention on POPs, China published the Catalogue of Commodities Prohibited from Import (the 6th Batch) and Catalogue of Commodities Prohibited from Export (the 3rd Batch). These two lists both include 17 identical chemicals and were issued jointly by the Ministry of Commerce (MOFCOM), General Administration of Customs (GAC) and the State Environmental Protection Administration (SEPA, the predecessor of MEP) in 2005 (Joint Announcement No. 116). The announcement took effect on January 1, 2006.
This list was first published at the end of 2005 and went through six updates successively since then. The latest update was made on 28 Dec 2011, when the MEP and the GAC released the 2012 version of the List in their joint announcement No. 91 of 2011. This latest version contains 158 chemicals. The 2012 List takes into consideration three important legislative developments: SEPA Order 140 of 1994 (Rules on the Environmental Management of Import and Export of Toxic Chemicals), the amendment to Annex 3 of Rotterdam Convention and the adjustment of HS code under China’s Customs Import and Export Tariff. Decree 591 requires that chemicals imported to China be registered at the National Registration Center for Chemicals of SAWS.
1.6 List of Ozone-depleting Substances subject to Import and Export Control in China
This List has been formulated in accordance with the National Plan on the Phase-out of Ozone Depleting Substances (approved by the State Council in 1993) and Measures on the Import and Export Control of Ozone Depleting Substances (SEPA Order 278 of 1999), with the aim to fulfill Chinese obligations under the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer.
1.7 National Catalogue of Hazardous Wastes
The National Catalogue of Hazardous Wastes (HW) was enacted on 6 Jun 2008 and entered into force since August 1 of the same year. The directory was formed in accordance with the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes. It contains 49 categories and is grouped according to provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Each listed HW category is marked with one of five hazard properties, i.e. corrosivity (C), toxicity (T), Ignitability (I), reactivity (R) or infectivity (In). The appendix of the HW Catalogue lists 498 chemicals which are known as HW chemicals under Priority Management.
This list was published by the SAWS on 21 Jun 2011 (SAWS Notice 95 of 2011). On July 1, the SAWS issued a document on the safety and emergency disposal measures for the first 60 hazardous chemicals under priority management in SAWS Notice 142 of 2011. The safety and emergency measures for the second 14 hazardous chemicals under priority management has recently been released in October this year for public consultation.
The first batch list is supplementary to the SAWS’ overall concept on management of hazardous chemicals, called “two priority HC plus one MHI”. The remaining two regulatory documents are Directory of Hazardous Chemical Processes under Priority Management (First Batch) and the Interim Provisions for the Supervision and Administration of Major Hazard Installations (MHI) of Hazardous Chemicals (SAWS Order 40 of 2011).
2 Inventories under Revision or to be Revised
To support the implementation of the State Council Decree 344 (the former edition of Decree 591) and the former edition of SAWS Order 53, China’s regulation on hazardous chemicals registration, SAWS published on 3 Mar 2003 the Catalogue of Hazardous Chemicals in its Announcement No. 1 of the year. This catalogue contains 3,823 chemicals, most of which are from dangerous goods included in the UN TDG. At present, the Catalogue of Hazardous Chemicals in China is under urgent revision and will be soon released.
2.2 Inventory of High Toxic Articles
In accordance with Law of the People’s Republic of China on Prevention and Control of Occupational Diseases and Regulations on Labor Protection in Workplaces Where Toxic Chemicals are Used (2003), the Inventory of High Toxic Articles (2003 edition) was compiled under the coordination of the MOH. This inventory lists 54 kinds of highly toxic chemicals. The inventory is formulated with the purpose to protect workers in workplaces so each listed highly toxic chemical is supplied with an occupational exposure limit. With the revision of China’s law on prevention and control of occupational diseases, the SAWS drew up in 2009 an opinion-soliciting draft of Measures for the Administration of Occupational Health and Safety License for Workplaces Where Toxic Chemicals are Used. The draft measures stipulate that the inventory of highly toxic chemicals should be enacted and adjusted by the SAWS according to relevant national rules and standards.
3 New Inventories following the Practice of Decree 591
In 2010, the SAWS, MPS and the State Administration for Industry & Commerce (SAIC) released a joint announcement (No. 8 of 2010) to adopt real-name registration for the purchase of 126 Key Hazardous Chemicals during the 2010 Shanghai World Expo, Guangzhou Asian Games 2010 and Asian Para Games 2010. The real-name registration requirement was cancelled on 31 Dec 2010 with the conclusion of the above sports meetings.
Following the enforcement of Decree 591, the MPS has formulated on 25 Nov 2011 the List of Chinese Explosive Precursors, based on Sheet I of the List of Key Hazardous Chemicals (60 chemicals in all).
This directory will be formulated jointly by the SAWS, MPS and Ministry of Agriculture (MOA). It sets a minimum annual use quantity for companies who use any of the listed hazardous chemicals in their production. If a chemical user’s designed tonnage is at or above the specified volume, the company will have to apply for the Hazardous Chemical Safe Use Permit.
3.3 Inventories of Highly Toxic Chemical and other Hazardous Chemicals Prohibited for Transport on Inner Waterway
Decree 591 requires that individuals or companies are prohibited to transport highly toxic chemicals on domestic inland rivers or enclosed waters (Article 54). The inventory of highly toxic chemicals and other hazardous chemicals prohibited for transport on inner waterway will be drawn up jointly by the MEP, MIIT and SAWS. Substance range will be determined depending on hazard properties, hazard severity to human health and the water environment, as well as difficulties in damage elimination.
3.4 Catalogue of Hazardous Chemicals of Priority Environmental Concern (HCPEC)
The MEP is responsible to organize environmental hazard & risk assessment for hazardous chemicals and determine the listing of chemicals subject to priority environmental management.
4 Conclusion
In China, the management over hazardous chemicals is often performed via a joint control mode through multiple ministries (departments) and legislations, with inventories as its main legal basis. Therefore, it is a good approach to comb over Chinese inventories of hazardous chemicals to help extensive EHS personnel and HC workers to be acquainted with China’s HC policy framework.
Most of overseas companies are oriented towards chemical responsible care, however, the status-quo of China’s hazardous chemical management is more government-driven. A lot of work needs to be done to improve the awareness of Chinese local chemical companies in regulatory compliance. For this purpose, the article attempts to throw some light on the inventory building in the HC management so that company readers could make the best use of them in their everyday product stewardship practice.
Collection of Hazardous Chemical Safe Management Regulations and Standards, NRCC-SAWS, 2003
About the author
Mr. Chen Jinhe, Registered Safety Engineer, graduated from the Public Health College of Shandong University in 2008. Chen is focusing on the research of foreign and domestic legislations for hazardous chemicals and chemical toxicity hazards.
English version of this article is contributed by Olivia Sun and Lizzy Liu.
