Japanese industry has called on a joint council of three ministries to exempt Dechlorane Plus from proposed regulations for up to five years. The substance, along with UV-328 and methoxychlor, is set to be banned from autumn this year. Industry has requested grace periods to allow the use of UV-328 for an extended period.
The requests were made during a call for comments by the Japanese government as part of the process to designate Dechlorane Plus, UV-328 and methoxychlor as class I specified chemical substances under the Chemical Substances Control Law (CSCL).
The move to redesignate these substances follows their identification as persistent organic pollutants (POPs), and subsequent inclusion in Annex A of the Stockholm Convention on POPs in May 2023.
However, while the POPs review committee has allowed for some time-limited exemptions for uses in the automotive industry, industrial machines and medical devices, a joint council of three Japanese ministries – Health, Labour and Welfare (MHLW), Economy, Trade and Industry (METI) and Environment (MOE) – said that from autumn 2024, the manufacture and import of methoxychlor, Dechlorane Plus and UV-328 will be "prohibited in principle".
In addition, the three ministries said import of products that use the three substances, and their use for purposes other than those approved for as essential use, will also be prohibited.
Methoxychlor is an organochlorine pesticide. Dechlorane Plus is a flame retardant and is used in motor vehicles, as well as in plastic roofing materials, computer monitors, electrical wire and cable coating.
The ministries are planning to impose bans on the following specific Dechlorane Plus product categories:
- flame retardant additives for resins;
- silicone rubber;
- lubricants;
- adhesives and tapes; and
- components, housings, wires, and cables of electrical and electronic products.
UV-328 is a UV-stabiliser used to protect materials from discolouration and degradation under UV light. The products that will be prohibited from import include:
- paints and varnishes;
- lubricants;
- adhesives;
- tapes and sealants; and
- UV absorber in plastics.
Business and consumer impact
The proposed restrictions have led to industry raising concerns – primarily for Dechlorane Plus and UV-328 – over timings involved, and the economic impact it will have on businesses and consumers.
Some respondents to the call for comments pointed out that, like the convention, a five-year exemption should be applied to the use of Dechlorane Plus in the aerospace, space and defence industries, as these will be most affected by the ban.
"If the use of Dechlorane Plus is prohibited from autumn of 2024, it is expected that major problems will occur in the manufacturing of products," one respondent said.
They said that while efforts are being made to eliminate the use of Dechlorane Plus in these sectors, its use as a flame retardant is invaluable, and that it could several years before a replacement can be found.
The ministries responded by saying that they would consider the comments to see whether such an exemption is needed in these industries.
Industry also asked for a five-year exemption from the ban on import of medical device products that use methoxychlor, Dechlorane Plus and UV-328, and a request to designate these chemicals as essential uses.
The ministries responded by saying that "Article 55 of the [CSCL] exempts such devices from the regulations of the CSCL and therefore the CSCL does not stipulate whether such imports are permissible".
Exemptions for products that contain UV-328, specifically for triacetyl cellulose (TAC) films inside polarisers, were also discussed. TAC films are used in liquid crystal panels found in televisions and computer monitors.
Again, industry said replacing UV-328 in components such as these by autumn 2024 would be very difficult, especially as many parts are imported into the country. They added that the convention lists TAC films inside polarisers as an exempt use, and that Japan should follow suit.
"Overseas procurement has become an integral part of supply chains in recent years, and measures in domestic law that differ from decisions in international treaties will impose a heavy burden on businesses," a respondent said.
The ministries' response was that "regulations on the use of class 1 specified chemical substances do not apply to the use of TAC films inside polarisers in which UV-328 is used, as it falls under the category of ‘use of products in which class I specified chemical substances are used’".
But the ministries also said that if there is a possibility that a product containing a class I specified chemical substance would be imported in the future, and there was a risk of environmental pollution due to the product's use, if import of the product is not restricted then the product will be designated as prohibited for import.
For details on prohibited imports, the ministries advised that the applicable Export Harmonized System Numbers (HS codes) will be compiled and published in the '(Notice) Import Customs Clearance Procedures for Chemical Substances Subject to the Act on the Examination of Chemical Substances and Regulations on the Manufacture of Chemical Substances'. This will be available on the METI website but no specified timeline for this has been announced.