China's Inventory of Hazardous Chemicals Coming Soon

One year has passed since the consultation period for the 2013 draft Inventory of Hazardous Chemicals ended. This year, two rounds of internal meetings were held to discuss the social background and it seems a consensus was finally reached on the nominated chemicals. The issuance of the final Inventory is expected at the end of 2014.

1. Building blocks adopted by the Inventory

The adopted building blocks in the Inventory will remain the same as in the 2013 draft, which means chemicals classified in hazard categories as below, in accordance with the UN GHS Rev.4, will not be regarded as hazardous chemicals:

• Explosive Cat. 1.5 & 1.6

• Aerosol Cat. 2 &3

• Flammable liquids Cat. 4

• Self-heating substances and mixtures Type F & G

• Organic peroxides Type G

• Acute toxicity Cat. 4 & 5

• Skin corrosion/irritation Cat.3

• Hazardous to the aquatic environment – Acute aquatic toxicity Cat.3, Chronic aquatic toxicity Cat.4

2. Asterisk marks (*) relating to pesticides

In the 2013 draft Inventory, some 140 entries are marked with asterisks, indicating that the corresponding chemicals are used as active ingredients of pesticides, and require environmental management registration under MEP Order 22 though remain exempted from other licensing requirements under the overarching State Council Decree 591. (See Note below.) The pesticide industry has been arguing against this clause and the inclusion of the chemicals in question. (Read more in CL news: Inter-ministerial Deadlock Hampering Final Release of China’s Inventory of Hazardous Chemicals)

According to an unpublished response from the legislative affairs office of the State Council, some entries will be deleted and all the asterisk marks removed. This means fewer chemicals related to pesticides will be listed, but the remaining ones will not be subject to any exemptions.

 Note: In the draft Inventory, chemicals with an asterisk require environmental assessment for Environmental Management Registration if they’re intended for pesticides as components of the final pesticide products. They’re exempted from licensing under Decree 591 because they’re subject to pesticide registration and other control schemes under Ministry of Agriculture. If they are not for pesticides, they’re subject to all the obligations under Decree 591 and environmental assessment is also mandatory.

3. Additional specification on the generic entry of chemical products with closed cup flash point ≤ 60℃

Entry No.2936 “synthetic resin containing flammable solvents, paints, auxiliary materials, coatings and other products (closed cup flash point ≤ 60℃)” in the draft Inventory will be modified to “other products including synthetic resins containing flammable solvents, paints, auxiliary materials, coatings, etc.” In addition, for a liquid with flash point higher than 35℃ but not more than 60℃, if a negative result is gained from its sustained combustion test, it will be regarded as a non-flammable liquid thus out of the scope of hazardous chemical management.

4. Other changes

• Activated carbon will be removed from the Inventory.

• Aerosol will be changed to “aerosol (a.k.a. aerosol spray)”

• Diesel fuel will be changed to “diesel fuel (closed cup flash point ≤ 60℃)”

• Solvent naphtha will be changed to “solvent naphtha (closed cup flash point ≤ 60℃)”