Japan to List NPE as Class II Specified Chemical Substance

Editor's Note: This article was originally published in October 2023 to analyze the draft proposal on designating NPE as Class II Specified Chemical Substance, and was updated on July 30, 2024 to introduce the final proposal.

Following initial public comments collected last October, Japan’s Ministry of Health, Labour and Welfare (MHLW), Ministry of Economy, Trade and Industry (METI) and Ministry of the Environment (MOE) have now published the final draft for soliciting feedback until August 30, 2024. NPE is expected to be officially designated as Class II Specified Chemical Substance under Japan CSCL in September of this year. The new compliance requirements will then take effect starting in April 2025.

The final draft clarifies that for NPE imported or produced prior to the implementation date, they can still be handled as priority assessment chemicals.

Proposed draft in Oct 2023

Ministry of Economy, Trade and Industry (METI), and the Ministry of the Environment (MOE) in Japan released a public consultation to designate poly(oxyethylene) nonylphenyl ether (NPE) as Class II Specified Chemical Substance under the Chemical Substance Control Law (CSCL). The public consultation will remain open for feedback until November 26 of this year.

NPE was included as No. 86 on the priority assessment chemical (PAC) list under the CSCL on April 1, 2011. Following a comprehensive evaluation of its risks over the past decade, it has been determined that NPE should be removed from the PAC list and should be controlled as Class II Specified Chemical Substances. Currently, the official database includes a total of 32 CAS numbers associated with NPE.

New compliance requirements for NPE are as follows:

Once designated as Class II Specified Chemical Substance, producers and importers will be required to submit estimated production or import quantities to the relevant authority prior to production or importation, as well as actual production or import quantities upon completion. The authority retains the right to request adjustments to these quantities based on risk control considerations.
With regards to "water-based detergents containing NPE", the authority will issue a technical guidance document outlining measures to prevent environmental pollution. Companies involved in the production and use of such detergents must implement appropriate measures based on this guidance.
In relation to packaging containers and shipping documents for NPE, the authority will issue a notification specifying the necessary information to be displayed on packaging and shipping documents to prevent environmental pollution.