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On April 8 and April 10, 2020, the Thailand Department of Industrial Works (DIW) issued a total of 3 notices [1] to solicit public opinions on the draft regulations under the Hazardous Substances Act (1992), hereinafter referred to as the HSA. A brief comment can be submitted directly on the DIW website, and detailed comments on each article can be submitted via email using the provided template. The public consultation on the three drafts will conclude on April 30, 2020.
The three draft regulations were announced in 3 Notifications made by the Ministry of Industry (MOI). The new regulations specify some aspects in the implementation of the HSA, especially requirements on hazardous substances under the authority of DIW. The subjects of the 3 Notifications are shown as below:
All the Notifications are revised from an old version. According to the drafts, there will be a 90-day grace period after they are officially published. The implementation of the Notifications will involve many other regulations under the HSA.
1. List 5.6 Hazardous Substances Exempt from Several Regulations under the HSA
The draft will replace the Notification with the same subject, which was published in 2015. Compared with the currently effective version, the number of regulations that List 5.6 Hazardous Substances is exempt from has reduced from 4 to 3.
Exemptions:
After the new draft enters into force, the List 5.6 Substances will not be exempt from compliance with the Notification on Hazard Classification and Communication System of Hazardous Substances B.E. 2555 (2012) anymore.
2. Criteria to Consider List 5.6 Hazardous Substances and the Notification of Their Production and Importation
This draft Notification is going to replace the Notification of the Production and Importation of List 5.6 Hazardous Chemicals in Thailand B.E. 2558 (2015), which requires that the manufacturers or importers of hazardous substances exceeding 1,000 kilograms per year shall submit the Notification according to this regulation. In the new draft, the criteria and method to assess the hazard properties of substances before notifying the authority are included in Notification on Hazard Classification and Communication System of Hazardous Substances B.E. 2555 (2012). The template of the Notification has been updated.
3. Rules, Procedures, and Conditions For Hazardous Substances to Exempt from the HSA
As a response to the amendment in Hazardous Substance Act (No.4), which has been in effect since October 2019, the draft has expanded the scope of exemptions. In Notification on Hazardous Substances under the Authority of DIW Exempt from the HSA B.E. 2559 (2016), only the substances used for analysis, and R&D purposes are subject to exemptions. According to the draft, the hazardous substances in List 5.1, 5.4, 5.5 with hazard types 1, 2, or 3 used for the specified purposes and not exceeding 1 kilogram are exempt from the HSA. The exemption will only become effective six months after approval by authorities, and the exemption can only be applied once for the pre-approved purpose.
For more detailed information on the drafts, please refer to the original text on DIW. And if you want to learn more about Thailand’s Hazardous Substance Act and Hazardous Substance List, you can read the Chempedia regarding this topic on ChemLinked or refer to this webinar that introduces Thailand’s regulations on chemicals.
