Digitisation, clearer limits for chemicals in recycled plastics, and greater voluntary disclosure of chemical information by businesses are among the areas of Japan’s Chemical Substances Control Law (CSCL) that could see improvements following a review of major amendments made in 2017.
Established in the early 1970s, the CSCL aims to prevent environmental pollution caused by chemical substances that may adversely affect human health and ecosystems.
Since its enactment, the CSCL has undergone several major amendments, the most recent in 2017. As required by law, these latest changes have been reviewed by a cohort of government bodies, including the Working Group of the Subcommittee on Chemical Substance Policy of the Industrial Structure Council and the Subcommittee on Chemical Substance Measures, part of the Environmental Health Committee under Japan's Central Environmental Council.
According to the review, the 2017 amendments have been largely successful. However, it also identifies areas where further improvements could be made.
For example, while the proportion of online chemical applications is steadily increasing, the Japanese government is pushing ahead with 'gBizID' – a unified digital authentication system that allows businesses to log in to various administrative services with a single ID and password.
To support this, it may be necessary to continue promoting initiatives that make online chemical applications "the norm", the review said.
Other proposed improvements following industry feedback include extending the chemical application acceptance period, which is five business days for online submission. According to the review, about 30% of applications are submitted without a use certificate, possibly due to procedural difficulties.
The risk assessment process is another area highlighted by industry as needing streamlining. According to the review, criticisms surround the lack of information on toxicity, which is causing delays in risk assessment.
"When measures are not taken due to uncertainty, if a problem occurs, the resulting damage and cost of measures can become very significant, potentially leading to extremely serious or irreversible impacts over a long period of time," the review said. "Therefore, regarding issues where environmental impacts are a concern, the scientific uncertainty should not be used as a reason to delay action. Instead, efforts should be made to enhance scientific knowledge while implementing preventive measures."
To address this, the review recommends:
- establishing a dedicated forum to identify problems and propose improvements;
- accelerating the collection and use of hazard and exposure data, including environmental monitoring results;
- investigating substances for which risk assessments are stagnating; and
- exploring new approach methodologies (NAMs) that may assist in the risk assessment of chemicals.
Circular economy
One sector garnering increasing attention is recycled products, particularly those made with plastics. However, in Japan, the chemicals in recycled plastics are regulated mainly based on their origin.
For imported plastic recycled materials that meet the definition of 'chemical substances' under the CSCL, confirmation of both their composition and import quantities must be notified to the relevant authorities.
In contrast, domestically produced recycled plastics that are processed without inducing chemical reactions are not considered 'manufactured' under the CSCL and are exempt from notification requirements.
Problems can also occur if an imported recycled product contains a class I specified chemical substance – those chemicals regarded as most toxic – since threshold limits vary by country. A substance permitted in the country of origin may exceed Japan’s stricter limits, and vice versa for Japanese exports.
To address this, the review suggests Japan may need to reassess existing limits and consider setting thresholds for currently unregulated substances, drawing on frameworks such as the European POPs regulation and others.
It notes that residues from chemical recycling may be used if businesses can demonstrate that they are structurally and functionally equivalent to substances already publicly listed under the CSCL.
The review also emphasises the importance of transparent communication about chemicals – especially those considered toxic – throughout a product’s entire lifecycle. This is vital not only for sustainability but also in response to growing public concern over the safety of chemical substances in products.
It suggested solutions such as arrangements to support businesses' voluntary provision of toxicity information to the government, the promotion of businesses' self-risk management of chemical substances, and the establishment of an appropriate information communication system.
This system would not only be for the supply chain but also for "the back-end industry and overseas", the review said.
PFAS problems
The review mentioned the issue of PFAS and its persistence, as well as the growing public concern over the detection of PFOS and PFOA in drinking water.
To prevent new emissions into the environment, efforts should be made for the "proper management" of PFAS and alternatives to products containing PFOS should be investigated.
Furthermore, scientific knowledge should be collected to better understand the dynamics of other PFAS in the environment.
Thinking ahead
With an eye on the future, sustainable chemicals and incentives to develop substances based on the GFC's concept of 'developing safer alternatives', featured in the review.
At the same time, it noted a shortage of personnel with the specialised knowledge needed for effective chemical risk management and communication among businesses, government, NGOs and other stakeholders.
"Alongside deepening exchanges between these entities, it may be worthwhile to consider measures for training experts, including young professionals, as part of the chemical substance management policies," the review said.
Whether these discussions will lead to amendments to the CSCL remains uncertain, but the joint committee said it would continue to consider the issues raised during the discussions.
With the 2030 target year for both the Sustainable Development Goals (SDGs) and the Global Framework for Chemicals (GFC), "it is desirable to consider the implementation status of the CSCL", the report concluded.