Interpretation for Implementing Guidance (Trial) for the Catalog of Hazardous Chemicals (2015)

After the Catalog of Hazardous Chemicals (2015) was published, the matching “Implementing Guidance (Trial) for the Catalog of Hazardous Chemicals (2015)” (Hereinafter referred to as “Guidance”) was finally released in public recently, it was officially published on Sep 2^nd, 2015, by The State Administration of Work Safety (SAWS).

The publication of “Guidance” clarified many blind spots in real operation, particular for mixtures containing substances listed in the “Catalog”. For these chemicals, “Guidance” provides detailed explanations. CIRS hereby analyzed part of the entries in the “Guidance” that are significantly affecting the enterprises.

1. Entry 2 of the Guidance: If the CAS number of industrial product matches with the CAS number in “Catalog” (whether they have the same Chinese name or not), they are considered as the same hazardous chemical.

Interpretation: The enterprises need to verify relevant information of their product, CAS Number in particular, before authoring SDS. To avoid mismatch between CAS Number and Chinese name, professional chemical websites, for instance, can be used for verification to prevent target substance being included into “Catalog” by mistake.

2. Entry 3 of the Guidance: The enterprise needs to obtain the Operating Licenses for Hazardous Chemicals before selling the same hazardous chemicals with a changed status of the substance.

Interpretation: Change the status of substance refers to the transitions between gas, liquid and solid phase of the substance. Previous regulation did not contain clear statements in this aspect. However, enterprises are required to obtain the Operating Licenses for Hazardous Chemicals in general before selling substances listed in the “Catalog”.

3. Entry 5 & 6 of the Guidance: For mixtures whose main constituents are all listed as hazardous chemicals in “Catalog”, and the total mass or volume percentage of main constituents is not less than 70% (except for those chemicals identified and excluded from hazardous chemicals according to “Determination Principals for Hazardous Chemicals”), they are considered and administrated as hazardous chemicals. The safety supervision divisions should clearly state the trade name of mixture and the content of main constituents when authorizing related administrative licenses.

For mixtures whose main constituents are all listed as hazardous chemicals in “Catalog”, and the total mass or volume percentage of main constituents is less than 70% or for chemicals with unidentified hazardous characteristics, manufacturers or importers should identify and classify them according to “Measures for Administration of Identification and Classification of Physical Hazards of Chemicals” (SAWS Order 60) and other related regulations. Once mixtures are identified and classified according to “Determination Principals for Hazardous Chemicals”, they should be registered according to “Measures for The Administration of Registration on Hazardous Chemicals” (SAWS Order 53). However, other related administrative licenses are not required.

Interpretation: Entry 5 and entry 6 are specifically prepared for mixtures containing substances listed in “catalogue”, meanwhile the 70% range is also given. However there were no any clear statements for mixtures in previous regulations. Notably, entry 5 and 6 describe the mixtures whose main constituents are all listed in the “catalog”, which means each main constituent of the mixture shall be listed in the “catalog”. According to entry 5, mixtures whose main constituents all listed in “catalog” and the total mass or volume percentage of main constituents not less than 70% are classified as hazardous chemicals (except for those identified and excluded from hazardous chemicals) by default. They are administrated as substances in “Catalog”. According to entry 6, mixtures whose main constituents all listed in “Catalog” and the total mass or volume percentage of main constituents less than 70% are possibly considered as hazardous chemicals. In this case，mixtures need to be identified. Based on the result, the registration for hazardous chemicals can be determined.

4. Entry 7 of the Guidance: Chemicals that meet the flash point determination rule in No.2828 of “Catalog” are considered as the No.2828 hazardous chemical. Hazardous Chemicals Classification Information sheet contains part of the trade names for reading convenience. The listed coating and painting products are determined based on film forming materials. For instance, item “phenolic-resin coating” includes all paint coatings that are made of phenolic resin, modified phenolic resin and other similar film forming materials. For more information of the film forming material corresponding with each painting/coating, please refer to the National Standards “Classification and Nomenclature for Coating Products” (GB/T 2705-2003). The adhesive agents are determined based on adhesive materials. For instance, item “phenolic-resin adhesive agent” includes all adhesive agents that are made of phenolic resin, resorcinol-formaldehyde resin and other similar adhesive materials. For more information of the adhesive material corresponding with each adhesive agent, please refer to the National Standards “Classification of Adhesives” (GB/T 13553-1996).

Interpretation: The No. 2828 of the “catalog” is specifically prepared for mixtures that meet the criteria as flammable liquids category 1，2 and 3 (determined by flash point and boiling point) in GHS classification. For reading convenience, “Guidance” listed part of the trade names of above products according to related national standards，which significantly helps the enterprises to determine their products. If enterprises failed to find their products in related catalog，they still need to recheck whether the products are included as the No.2828 of the catalog by providing flash point and boiling point information.

5. Entry 9 of the Guidance: According to classification information in “Hazardous Chemicals Classification Information sheet”, “Rules for classification and labelling of chemicals”(GB 30000.2-2013～GB 30000.29-2013), “General Rule for Preparation of Precautionary Label for Chemicals”(GB 15258-2009) and other National Standards, manufacturers and importers of hazardous chemicals should scientifically and accurately determine hazardous statements, signal words, pictograms and precautionary statements for their products, along with the authoring and renewal for SDS, safety label and other hazardous chemicals registration information, thus to inform and communicate hazardous information.

Interpretation: The classification information provided in “Hazardous Chemicals Classification Information sheet” is the minimum obligated harmonized classification in China. Compared with previous classification，most of classification information are adjusted. From now on，enterprises are advised to check the sheet，once changed，enterprises should scientifically renew their information based on data in time.

Besides above main entries， “Guidance” also provides substance classification information in the catalog of hazardous chemicals. The classification can be referred when authoring SDS and labels or register for hazardous chemicals. Moreover，other entries provide additional rules for hazardous chemicals. Enterprises need to determine if their products have to comply with the obligations described in those entries. The table below provides possible obligations for specific enterprises:

^a Use hazardous chemicals to manufacture products，the usage amount reached the criteria amount.

^b The safety supervision divisions should clearly state the trade name of mixture and the content of main constituents when authorizing related administrative licenses.

CIRS is carrying out the 2nd Summit Meeting on Chemical Regulations in Asia-Pacific (SMCR 2016) during 18-19 October 2015. Experts fromChina MEP will come and give an in-depth interpretation, and you will have chance to discuss with experts face to face to give you a better understanding.

Should you have other questions, please feel free to contact us: service@cirs-group.com

(Official Version in English) Implementing Guidance (Trial) for Catalog of Hazardous Chemicals (2015)

1. The chemicals listed in the “Catalog of Hazardous Chemicals (2015)”(Hereinafter referred to as “Catalog”) refer to the hazardous chemicals that reach the hazardous criteria in terms of national, industrial, regional and enterprise’s standards. (Except for those clearly prohibited in manufacture, distribution and utilization by government).

2. If the CAS number of industrial product matches with the CAS number in “Catalog” (whether they have the same Chinese name or not), they are considered as the same hazardous chemical.

3. The enterprise needs to obtain the Operating Licenses for Hazardous Chemicals before selling the same hazardous chemicals with a changed status of the substance.

4. For enterprises manufacture or operate diesel oil, (except for whose closed flash point are over 60℃ in each batch of diesel oil), they are administrated as hazardous chemicals enterprises.

5. For mixtures whose main constituents are all listed as hazardous chemicals in “Catalog”, and the total mass or volume percentage of main constituents is not less than 70% (except for those chemicals identified and excluded from hazardous chemicals according to “Determination Principals for Hazardous Chemicals”), they are considered and administrated as hazardous chemicals. The safety supervision divisions should clearly state the trade name of mixture and the content of main constituents when authorizing related administrative licenses.

6. For mixtures whose main constituents are all listed as hazardous chemicals in “Catalog”, and the total mass or volume percentage of main constituents is less than 70% or for chemicals with unidentified hazardous characteristics, manufacturers or importers should identify and classify them according to “Measures for Administration of Identification and Classification of Physical Hazards of Chemicals” (SAWS Order 60) and other related regulations. Once mixtures are identified and classified according to “Determination Principals for Hazardous Chemicals”, they should be registered according to “Measures for The Administration of Registration on Hazardous Chemicals” (SAWS Order 53). However, other related administrative licenses are not required.

7. Chemicals that meet the flash point determination rule in No.2828 of “Catalog” are considered as the No.2828 hazardous chemical. Hazardous Chemicals Classification Information sheet contains part of the trade names for reading convenience. The listed coating and painting products are determined based on film forming materials. For instance, item “phenolic-resin coating” includes all paint coatings that are made of phenolic resin, modified phenolic resin and other similar film forming materials. For more information of the film forming material corresponding with each painting/coating, please refer to the National Standards “Classification and Nomenclature for Coating Products” (GB/T 2705-2003). The adhesive agents are determined based on adhesive materials. For instance, item “phenolic-resin adhesive agent” includes all adhesive agents that are made of phenolic resin, resorcinol-formaldehyde resin and other similar adhesive materials. For more information of the adhesive material corresponding with each adhesive agent, please refer to the National Standards “Classification of Adhesives” (GB/T 13553-1996).

8. Hazardous Chemicals Classification Information Sheet (See attachment) is the major basis for determining hazardous characteristics of hazardous chemicals to all safety supervision divisions. According to classification information of hazardous chemicals listed in the “Guidance”, the safety supervision divisions can instruct enterprises to implement effective precautionary measures to against specific hazardous characteristics of chemicals for safety work.

9. According to classification information in “Hazardous Chemicals Classification Information sheet”, “Rules for classification and labelling of chemicals”(GB 30000.2-2013～GB 30000.29-2013), “General Rule for Preparation of Precautionary Label for Chemicals”(GB 15258-2009) and other National Standards, manufacturers and importers of hazardous chemicals should scientifically and accurately determine hazardous statements, signal words, pictograms and precautionary statements for their products, along with the authoring and renewal for SDS, safety label and other hazardous chemicals registration information, thus to inform and communicate hazardous information.

10. When transporting hazardous chemicals, related regulations in transportation, railway and airline divisions are legally complied.

11. According to Article 3 of “Regulations on the Control over Safety of Dangerous Chemicals”, with the emergence of new chemicals, extensive development in identification and classification for hazardous characteristics of chemicals, and growing awareness of hazardous characteristics for chemicals, 10 divisions including The State Administration of Work Safety (SAWS) will revise the “Catalog” in proper time. The State Administration of Work Safety (SAWS) will also optimize and complete Hazardous Chemicals Classification Information sheet in proper time as well.