Latest Trends in Chemical Substances
Management in Thailand

Ms. Teeraporn WIRIWUTIKORN
Director of Hazardous Substance Division,
Waste and Hazardous Substance Management Bureau,
Pollution Control Department, Thailand

Workshop on the Latest Trend in Chemical Substances Managementin South East Asia, 19 - 20 February 2015, Tokyo, Japan1

Outline of presentation! Overview of Situation.
! Key national policies related to chemical
management.
! Key legislation related to chemical
management.
! Recently/newly adopted regulations.
! New scheme – PRTR.
! Ongoing activities and future direction.
2

Overview of Situation! Thailand imports various chemicals for direct
use and for production of further value-added
products.
e.g., petroleum products, industrial chemicals,
fertilizers, pesticides and consumer chemicals.

! There is an increasing trend of chemical use.
! Problems
Problems: environmental pollution, publichealth and chemical poisoning, occupational
health, chemical accidents, hazardous waste
treatment and disposal.
3Key National Policies Related to
Chemical Management! 4th National Strategic Plan on Chemical
Management (2012 - 2021)

44th National Strategic Plan on Chemical
Management (2012- 2021)

Goal“Within 2021 socialand environment issafe by effective
management ofchemicals inaccordance withnational development
and participationfrom all sectors.”
5

4th National Strategic Plan on Chemical
Management (2012- 2021) (cont. - 1)

6

4th National Strategic Plan on Chemical
Management (2012- 2021) (cont. - 2)

Concepts and Principles of the 4th Plan
7

4th National Strategic Plan on Chemical
Management (2012- 2021) (cont. - 3)
Objectives
1. To develop systematic management of chemicals to cover
their entire life cycle and to be in line with national andinternational development
2. To promote coordination of all sectors on national chemical
management
3. To minimize impact of chemicals on health and environment

Targets
1. Thailand has mechanisms and chemical management systemthat can protect health and provide safety to people andenvironment.
2. All sectors have capacity to protect and control impact ofchemicals on health and environment.
3. Strong networks on national chemical management
established in the country.
8

4th National Strategic Plan on Chemical
Management (2012- 2021) (cont. - 4)
Strategies
Strategy 1 Develop chemical database, mechanisms andtools for fully integrated system of chemical
management
Strategy 2 Develop capacity and role of all sectors on
chemical management
Strategy 3 Reduce risk of chemical dangers

94th National Strategic Plan on Chemical
Management (2012- 2021) (cont. - 5)Strategy No. 1
Develop chemical database, mechanisms and tools
for fully integrated system of chemical management
Sub-strategy 1 Develop central chemical databasesystemSub-strategy 2 Develop mechanisms and tools to
support fully integrated system ofchemical management
Sub-strategy 3 Create mechanisms to drive for
effective chemical management10

4th National Strategic Plan on Chemical
Management (2012- 2021) (cont. - 6)
Strategy No. 2
Develop capacity and role of all sectors on chemical
management
Sub-strategy 1 Develop knowledge and capacity
building of resources on chemical
management
Sub-strategy 2 Develop capacity to effectively
prepare and response to international
conventions and agreements
Sub-strategy 3 Promote role and participation of all
sectors on chemical management
11

4th National Strategic Plan on Chemical
Management (2012- 2021) (cont. - 7)
Strategy No. 3
Reduce risk of chemical dangers
Sub-strategy 1 Prevent chemical dangers (inagricultural, industrial, public health& consumer and transport sector)
Sub-strategy 2 Monitor impact of chemicals on
health and environment
Sub-strategy 3 Strengthen capacity on emergency
response, treatment and remediation

12

Key Legislation Related to
Chemical Management! Hazardous Substances Act (1992,2008)13

Hazardous Substances Act(1992, 2008)! Categorizes hazardous substances into
4 types.
! Controls hazardous chemicals in all
activities including production, import,
export and having in possession.
! 7 responsible agencies according totheir intended uses.
! Specifies criteria and procedures.
14Regulated Scope – Definition of
hazardous chemicals
1) an explosive2) an inflammable substance3) an oxidizing agent and a peroxide substance4) a toxic substance5) an infectious substance6) a radioactive substance7) a mutagen
8) a corrosive substance9) an irritating substance10) other substances, whether chemical or else,
which may be harmful to person, animal, plant,
property or environment.
15

Types of Hazardous Substances! Type 1 - must be notifies and comply
with the specified criteria andprocedures.
! Manufacturers and importers are required
to notify the product information to theauthorities. Business operators must comply
with the specified criteria and procedures,such as, labeling, rules and conditions for
manufacturing and storage.

16

Types of Hazardous Substances! Type 2 - must be registered and notified
to the authority and must also comply withthe specified criteria and procedures.
! Notification to the authority on the action taken for
production, import, export or having in possession incompliance with notification of DIW.
! Notification of quantity of production, import, export
and having in possession to the authority inaccordance with MOI's ministerial notification on
criteria for the notification of fact by producer,
importer, exporter and possessor of hazardous
substances which fall within the responsibility of
the DIW.
17

Types of Hazardous Substances! Type 3 - must be registered, licensed, andnotified to the authority.
! Submit application of a license to produce, importor to possess such a hazardous substance.
! Notification of quantity of production, import,
export and having in possession to the authority with
the MOI’s ministerial notification on criteria for the
notification of facts by producer, importer, exporterand possessor of hazardous substances which fallwithin the responsibility of the DIW.

! Type 4 - the production, import, export,
or having in possession is prohibited.
18Chemicals and responsible
agencies! Industrial chemicals " Department ofIndustrial Works (DIW).
! Pesticides and agricultural chemicals "Department of Agriculture (DOA).
! Household, healthcare and consumer chemicals" Food and Drug Administration (FDA).
! Other chemicals" Office of Atomic Energy for Peace" Dept of Livestock Development, Dept ofFisheries, and Dept of Energy Business.
19Registration – Types 2 & 3! Information needed to be submitted with
the Application form for registration:" MSDS, GHS requirements.
" Specification of the hazardous substance" Document or photograph evidencing
characteristic of containers or tanks" Document or photograph evidencing methods
used to secure the containers (if any)
" A specimen of the hazardous substance foranalysis of its specification, or the" Analysis result issued by an analyticallaboratory, which is approved by DIW, ora document proven of the specification.
20

Registration – Types 2 & 3 (cont.)! A sample may be submitted as a substitutefor the documents in (3) and (4),nonetheless the specimen, the analysis
result or the document in (5) shall be asprescribed by the competent official.
! Exemption Scenarios" A hazardous substance has been registered.
" A hazardous substance is permitted to be
produced or imported under other laws.
" There is distinct and reliable information about
the hazardous substance in question.
21Permit/License – Type 3! 5 separate application forms for
producer, importer, exporter and havingin possession, and storage.
! Exemption! if the person has already been granted apermit for production, import or export ofhazardous substance, a permit for thepossession of the particular hazardous
substance could be exempted.

22Permit/License – Type 3 (cont.-1)! Information to be submitted, e.g.," Importer - name, address and commercial license.
" Chemical identification - trade name, formula
name, quantity to import/export, country oforigin, producer company and means oftransportation.
" Material Safety Data Sheet (in the case ofindustrial chemicals) or the results of efficacy
trial, residue trial, quality analysis, toxicological
data assessment (in the case of pesticides).
" Warehouse - address, location, protective andpreventive measures on warehouse structure andoccupational health and safety.
23Permit/License – Type 3 (cont.-2)
Application- Not inline with
the Act &Regulations- Unreasonable
documents

Warehouse Inspection
Disapprove

Approve

Correction
Warehouse
and/orclear documents

Import/export
license-Inline with-the Act &Regulations- Reasonable
documents

Import/export
declaration per
shipment

Procedure for permit/license application

24

Import/Export Declaration! Each shipment of hazardous substance has tosubmit import/export declaration to DIW before
their custom clearance according to the Notificationof MOI, B.E. 2547 (2004).
! An importer or an exporter shall declare:
"
"
"
"
"
"
"
"

Chemical identification: name, chemical formula andproportion, trade name, common name or abbrev. (if any)
Quantity (of the chemical imported or the container),
characteristic of containers
Location of storage facility
Transportation means
Customs port, anticipated arrival date to or departure date fromthe port
InvoiceBill of loading
Specific document for the restricted control chemicals
25

Import/Export Declaration (cont.)! 100% Composition Disclosure" Required by the DIW for evaluation.
" Thai Customs would also inspect the declaration,
against the information on the SDS.

! 2 choices to submit the import/export
declaration:" Single window of DIW. It takes 15 minutes tocomplete all processes by one stop service.
" Submit the application online via the DIW website.

26

Hazardous SubstanceImport or Export Procedure(Please refer toseparate handout)27

Operational Personnel! Notification of MOI on Designation of a specialized
person responsible for safety of hazardous substancestorage under Authorization of Department ofIndustrial Works at the Hazardous Substance Business
Facility, B.E. 2551 (2008).
! Notification of DIW on Criteria and Method for
Notifying and Registration of Specialized Person
Responsible for Safety Storage of Hazardous
Substance under Authorization of Department ofIndustrial Works and Reporting of Safety Storage ofHazardous Substance B.E. 2551 (2008).
! Notification of DIW on The Examination for a
Registration of Specialized Person Responsible for
Safety Storage of Hazardous Substances B.E. 2553
(2010).
28

Operational Personnel (cont.)! A specialized person needs to be assigned toensure that hazardous substances are operated
appropriately. Certain criteria and methodology
needs to be adopted for the designation procedure! Regulated scope" Producer, importer, exporter of hazardous substanceType 1, 2 or 3 in total amount from 1,000 metric ton/year.
" Processor of hazardous substance whose storage area of
hazardous substance is from 300 m2;" Producer, importer, exporter or processor of hazardous
substance that is flammable substance or oxidizing agent a! Exemption for" A hazardous substance producer, importer, exporter orprocessor who keeps hazardous substance in tank, silo,
portable/bulk container cryogenic liquefied gas or
refrigerated liquefied gas
29Inclusion of Chemicals in the
Hazardous Substances Act! National policy.
! Technical and scientific evidence.
! In response to international
agreements.

30

In Response to International
Agreements, e.g.,! CFC, HCFC, Halons and MeBr arecontrolled in response to the Montreal
Protocol.
! Chemical wastes are controlled in
response to the Basel Convention.
! Chemical weapons are controlled inaccordance with prohibition of
production, storage, use and destructionof chemical weapons.
31

In Response to International
Agreements (cont.)! Control of POPs chemicals under the
Stockholm Convention– 16 intentional POPs, including all initial POPsand new POPs pesticides have banned.
- 5 new industrial POPs (namely, c-PentaBDEs,
c-OctaBDEs, PFOS, Pentachlorobenzene, andHexabromocyclodedecane)! currently under the national process forlisting under the Hazardous Substances Act.

! Control of chemicals under the Rotterdam
Convention32

Procedure for addition of chemicals in the
Hazardous Substance Act (1992)
A proposal

Authorities/technical groups

Review of supporting dataaccording to the criteria

Screening Sub-committee

Preparation of drafts of ministerial
notifications/ordinances
Review/approval of drafts
Signing of the ministerial
notification

Sub-committees

Hazardous Substances Committee

Ministers
33

Hazardous Substances Committee! Consists of members from inter-governmental
agencies.
! Departments: e.g., Internal Trade, Medical
Services, Public Works, Police Department,
Agriculture, Agricultural Extension, Food andDrug Administration, Office of Atomic Energy
for Peace, Office of Industrial Standards
Institute, MONRE.
! Ministry of Industry as a chairman and
Department of Industrial Works as secretary.
! Scholars and NGOs.
34

Recently/Newly Adopted
Regulations! New lists of hazardous substances! GHS Implementation

35

List of Hazardous Substances (2013)! Notification of Ministry of Industry Re: Listof Hazardous Substances, B.E. 2556 (2013)! 6 Annexes, consisting of 1,585 chemicals,
regulated under different authorities:
"
"
"
"
"
"

Annex 1 Dept of Agriculture: 698 items
Annex 2 Dept of Fishery: 21 items
Annex 3 Dept of Livestock Development: 36 items
Annex 4 Food and Drug Administration: 258 items
Annex 5 Dept of Industrial Works: 570 items
Annex 6 Dept of Energy Business: 2 items
36

List of Hazardous Substances
No. 2 (2015)! Notification of Ministry of Industry Re: List ofHazardous Substances No. 2, B.E. 2558 (2015)! Revising the lists of chemicals in Annex 5
under the responsibility of DIW.
" List 5.1 Chemicals -- adding or correcting specified
conditions for 9 items" List 5.4 Other chemicals –- lower the control levelof white oil/refined petroleum oil from Type 3 toType 1.
" List 5.5 Chemical weapons -- correcting specified
conditions for 1 item.
37

List of Hazardous Substances
No. 2 (2015) (cont.)! Adding new chemicals/items to in Annex 5
under the responsibility of DIW.
" List 5.1 Chemicals –- adding 2 items of Type 3
chemicals (diisocyanates)" List 5.4 Other chemicals –- adding isocyanate
mixed isomers or mixture as Type 3, and resin
as Type 2 with specified conditions.
" List 5.5 Chemical weapons – adding 3 items as
Type 4.
" List 5.6 Groups of chemicals controlled according
to their properties – a new list.
38

List 5.6 Groups of chemicals controlledaccording to their properties! Applied to single substance or mixture that havenot been covered previously under the Act.
! Applied to chemicals that have one or more of thefollowing properties:
1) Explosive substance2) Flammable substance3) Oxidizing agent and peroxide substance4) Toxic substance5) Mutagen
6) Corrosive substance7) Irritant8) Carcinogen9) Toxic substance to reproductive organ
10) Environmentally hazardous substance39

List 5.6 Groups of chemicals controlledaccording to their properties (cont.)! Requires a producer or importer of more than
1,000 Kg per year to notify the DIW yearly, via
an online electronic system.
! The procedure must comply with specified
criteria, in accordance with the Notification of
DIW (in process).
! Simplified notification procedure by exemptions,does not have to follow the notification procedureof Type 1, 2 or 3 hazardous substances.

40

GHS Implementation! Notification of Ministry of Industry, Subject:
Hazard Classification and Communication
System of Hazardous Substances B.E. 2555
(2012)! Applicable for chemicals under the scope of
DIW (regulated industrial chemicals).
! In consistence with the 3rd revision of UN GHS(2009).
! Two-step action, taking effective on" March 13, 2013 for single substances" March 13, 2017 for mixtures.
41

GHS Implementation (cont. -1)! Adopted 28 hazard class:" Physical hazard (16),Explosives; Flammable gases; Flammableaerosols; Oxidizing gases; Gases under pressure;
Flammable liquids; Flammable solids; Selfreactive substances and mixtures; Pyrophoric
liquids; Pyrophoric solids; Self-heating
substances and mixtures; Substances andmixtures, which in contact with water, emit
flammable gases; Oxidizing liquids; Oxidizing
solids; Organic peroxides; and Corrosive tometals.
42

GHS Implementation (cont.-2)! Adopted 28 hazard class: (cont.)" Health hazard (10)Explosives; Acute Toxicity; Skin corrosion/irritation;
Serious eye damage/eye irritation; Respiratory orskin sensitization; Germ cell mutagenicity;
Carcinogenicity; Reproductive toxicity; Specifictarget organ toxicity-single exposure; Specific target
organ toxicity-repeated exposure; and Aspiration
hazard.

" Environmental hazard (2)Hazard to the aquatic environment; andHazard to the ozone layer

43New Scheme - PRTR

44

Pollutant Release and Transfer Register
Source of Pollutant

PollutantRelease

Air

Water

Transfer

Soil

Waste

Wastewater

Database system provided public access to information on
amounts of pollutants released from different sources to environmental medium
and information on off-site transferred of wastewater and waste management. 45

PRTR in Thailand
Organization Chart for PRTR System in Thailand

Pollution Control Committee

PRTR Sub-Committee

Working Group on
PRTR Development

Working Group on
Risk Communication of PRTR data46

PRTR in Thailand (cont.)
Objectives• Disclose pollution data to public• Reduce & solve env. pollution from factory• Fulfill national and international
policies/strategic plans on chemical
management
e.g., – National Strategic Plan on Chemical Management– Plan for the implementation of its obligation under the Stockholm
convention on the Persistent Organic Pollutants (POPs) in Thailand– Agenda 21, SAICM• Monitor pollution from various sources as well
as set up policies for chem./pollution
management47

Overview of the JICA-PRTR Project
Project name

The Development of Basic Schemes for PRTR
System in Kingdom of Thailand : JICA-PRTR

Counterpart

Time Frame• Original Schedule : 4 Yrs (2010 - 2014)• Extension : 1 Yr (2015)
48

Overview of the Project (cont.)
Goal

Model of PRTR system inThailand

Process

DesignPilot Trial
Feedback Survey
Propose Suitable PRTR system
49

Concept of Target Substances Selection

1. Chemical/pollutant presence in-Thai Regulations- Thai & International Agreements eg.
Stockholm, Rotterdam
2.Chemical Database• US EPA (IRIS , TRI, Screeing Level Table)• IARC• Japanese MOE Chemical fact sheet• IOMC Environmental Health Criteria

U

Toxicity data

Exposure data

1. Amount of chem. use in country(Avg. of prod. + imp. – exp. In Yr 2007-10)•100 t/y for carcinogen chem.
•1000 t/y for non carcinogen chem.
2.Monitoring data

Ref:PCD, DIW, IEAT, JICA Expert team, (2013); Target Substance Selection, JICA-PRTR Project50

Summary of Target Substances
Substances
Chemicals

Pollutants

Category

Sum

Pesticides

27

Metals and their compounds

12

Organic Compounds

65

Major Pollutants (SOx, Nox)

2

Unintentional Pollutants(Dioxins & Furans)

1

Total

107

51

Target Business for Pilot Implementation
Source of Pollutant

Point Source

Non Point Source

Factory

Non Factory-7 factory
categories-Hospital- Edu.(w/lab.)-Bulk Gas Terminal- Vehicle- Agriculture- Household- Construction- Gas station- Other e.g., SMEs,
PS below threshold

Waste Tx/Dx

Factory

Non Factory52

Reporting Criteria
Consider a combination of 3 components

Type of Business

Size of BusinessAmount of Chemical
Handled

Ref: PCD, DIW, IEAT, JICA Expert team, (2012); Proposal for Point Source Definition for PRTR System in Thailand,
JICA-PRTR Project53

Reporting Criteria - Factory
Type of business

Size ofbusinessChem.
handledChemical & Chemical products, Petroleum
products
Transport equipment, excluding servicing
Wood & Wood products, Furniture & Fixture
Basic metal products, Fabricated productsElectrical machinery and supplies
Plastic products

Fac.
Type 3

1 ton/yor moreRubber products
Ref: PCD, DIW, IEAT, JICA Expert team, (2012); Proposal for Point Source Definition for PRTR System in Thailand,
JICA-PRTR Project54

Reporting Criteria – Non Factory• Referring to MNRE definition, the following
size of business would be the thresholds;
Type of Business
HospitalsSize of Business
30 beds or more

Chemicalhandled
1 ton/yor moreSchools, Colleges, Universities, or 25,000 m2 or more
Institutes (with chem. laboratory)
Bulk gasoline terminals

All sizes

Ref: PCD, DIW, IEAT, JICA Expert team, (2012); Proposal for Point Source Definition for PRTR System in Thailand,
JICA-PRTR Project55

Reporting Criteria
Waste Disposal/Management
Type of business
Factory

Nonfactory

Size of BusinessCentral waste treatment plant (DIW code 101)

Factory Type 3

Factories related to sorting or landfilling ofindustrial wastes (DIW code 105)

Factory Type 3

Factories engaged in recycling of industrial
wastes or used industrial products (DIW code
106)

Factory Type 3 &50 ton/day or
more

Municipal waste incinerators

50 ton/day or
more

Infectious waste incinerators

All sizes

Chem.
handleNone

Ref: PCD, DIW, IEAT, JICA Expert team, (2012); Proposal for Point Source Definition for PRTR System in Thailand,
JICA-PRTR Project56

Non Point Source categories
and target chemicals
Categories
Agriculture
Construction(Paint)Hospital(below threshold)

School(below threshold)

Bulk gas Terminal(below threshold)Target Chemicals at the Pilot Implementation9

captan, copper and soluble salts,ametryn, butachlor, 2, 4-D
dimethyl ammonium, glyphosate-isopropylammonium, paraquat
dichloride, propanil, chlorpyrifos

6acetone, ethyl acetate, isopropyl alcohol, toluene,xylenes,
Bis(2-ethylhexyl) phthalate2

Formaldehyde, Ethylene oxide1ethyl acetate

4

1,2,4 – Trimethylbenzene, Benzene, Xylenes (mixed
isomers), Toluene
Benzene, Toluene, Xylenes, Hexane

Gas station
Mobile Sources4

䠄Automobiles,
Motorcycles䠅

9Benzene, 1,3-Butadiene, Formaldehyde, Acetaldehyde,
Toluene, Xylenes, Acetone, SOx, NOx

Households

5NOx, 1,4-Dichlorobenzene, Isopropyl alcohol, naphthalene,
57
acetone57

Phase of Pilot Implementation
Phase I

• Awareness raising to all stakeholders/

Phase II

• Training for estimation and reporting
to point sources /Phase III

• Implementation and support to point
sources /Phase IV

• Reporting and data compilation /Phase V• Disclosure and risk communication

Phase VI

• Feedback survey

Ref: PCD, DIW, IEAT, JICA Expert team, (2012); PRTR Pilot Project Implementation Plan For Rayong Province,
JICA-PRTR Project58

website http://prtr.pcd.go.th

59Ongoing Activities and Future
Direction

60

Ongoing Activities and Future
Direction of New Regulations! Consideration of additional amendments to
the Hazardous Substance Act, e.g.," Adding "Transit" in the scope and definition, as there
are only "import" and "export" in the current
regulation.
" Exemption for importing/using Type 4 hazardous
substance for R&D purposes.

! Adding the list of new chemicals that will
be included under international conventions,e.g., Rotterdam, Stockholm or Minamata
conventions.
61

Ongoing Activities and Future
Direction of New Regulations (cont.)! GHS implementation by the FDA and Deptof Livestock Development.
! Draft Act on Transport of Dangerous Goodsby the Ministry of Transport.
! Implementation relevant provisions of" Greater Mekong Subregion Cross-Border
Transport Agreement" ASEAN Framework Agreement on Facilitationof Goods in Transit

62Thank you very much
For more information, please contact:
Waste and Hazardous Substance Management Bureau
Pollution Control Department,
Ministry of Natural Resources and Environment
92 Soi Phahon Yothin 7, Phahon Yothin Road
Phayathai, Bangkok 10400 Thailand
Tel:+66 2298 2422
Fax: +66 2298 5393
Website: http://www.pcd.go.th63

Hazardous Substance Import or Export Procedure

Type 1

Type 2Type 3

SubmitWo.Ao./Ao.
Ko.6 Form
beforeimport orexportRegister(Wo.Ao./Ao.Ko.1
Form)

Register (Wo.Ao./
Ao.Ko.1 Form) andapply for a permit(Wo.Ao./Ao.Ko.1, 3, 5
or 7 Form)

Pay registration
feeType 4

PurposeUsed as reference
substances inlaboratory

Officer inspects
haz.sub. storageplace

Get registration
certificate

Submitapplication forhaz.sub.type2

ResultNo

Approve

Appeal to
Minister within
30 days(Wo.Ao./Ao.Ko.
5 Form)Pay registration
fee
SubmitWo.Ao./Ao.
Ko.6 Form
beforeimport orexportGet registration
certificate anda permit

No(End)· Consideration of Wo.Ao./Ao.Ko.6 Form
- Submit at Single Window Office 15
min./application- E-submission : by self
· Registration
17 working days
· Consideration of haz.sub.type 2 30 min/app.
· Import permit 20 working days
(including inspection of storage place)

Note: These procedures apply to import and export of hazardous
substances only.

SubmitWo.Ao./Ao.Ko.6
Form before
import or export

A permit holder
can renew apermit before
expiration date
without applying
for any new
registration

Not
permitted

Apply for a permit(import/possess)Document
check

ResultIssue a permit(Import/possess)

Processing time:

Industrial use

Submit importdata sheet ofhaz.sub. before
importA permit isvalid not longer
than 6 monthand for one
importNo