Session 2, September 9, 2010
The 4th Tripartite Policy Dialogue on Chemical Management

Strategy for Response to New POPsin Japan

Masayuki KOIWA
Chemicals Evaluation OfficeEnvironmental Health Department
Ministry of the Environment, Japan
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Contents
1. Overview of the Stockholm Convention
2. COP4 and New POPs
3. Japan’s Response to New POPs
- Amendment to the Chemical Substances Control
Law & its Relevant Regulations2

1. Overview of the StockholmConvention

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Stockholm Convention on POPs
- Persistent Organic Pollutants-Persistent Organic Pollutants (POPs)
POPs are organic chemical substances, possessing a particular
combination of physical and chemical properties, once released
into the environment:1) remain intact for exceptionally long periods of time (many years)2) become widely distributed throughout the environment as a resultof natural processes involving soil, water and, most notably, air3) accumulate in the fatty tissue of living organisms including
humans, and are found at higher concentrations at higher levels in
the food chain4) are toxic to both humans and wildlife
4Stockholm Convention on POPs
- Persistent Organic Pollutants-Initial 12 POPs
(Aldrin, Chlordane, DDT, Dieldrin, Endrin, Heptachlor, HCB, PCBs, Mirex, Toxaphene)

Initially, 12 POPs have been recognized as causing adverse effects onhumans and the ecosystem, classified into 3 categories:
1) Pesticides:
aldrin, chlordane, DDT, dieldrin, endrin, heptachlor,hexachlorobenzene, mirex, toxaphene2) Industrial chemicals:
hexachlorobenzene, polychlorinated biphenyls (PCBs)
3) By-products:
hexachlorobenzene, polychlorinated dibenzo-p-dioxins,
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polychlorinated dibenzofurans (PCDD/PCDF), PCBs

Stockholm Convention on POPs
- Persistent Organic Pollutants-

Stockholm Convention on POPs

• Adopted in 2001, enforced in 2004
• To protect human health and the environment fromPOPs• Prohibits or restricts the production/use/international
trade of POPs
• Reduces or eliminates releases from unintentional
production of PCBs, HCB, PCDDs and PCDFs through theuse of best available techniques (BAT) and best
environmental practice (BEP)
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Stockholm Convention on POPs
- Persistent Organic Pollutants-

Stockholm Convention on POPs (cont’d)• Reduces or eliminates releases from stockpiles andwastes through their identification, management anddisposal• Parties shall endeavour to implement national plans• POPs are listed in the Annexes of the convention text
• The governing body is the Conference of the Parties(COP) consisting of the Parties to the convention
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2. COP4 and New POPs

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Stockholm Convention on POPs
- Persistent Organic Pollutants-

Nine New POPsIn May 2009, the fourth meeting of COP (COP4) adopted amendments toAnnexes of the convention to list 9 additional chemicals as POPs:
1) Pesticides:
chlordecone, alpha hexachlorocyclohexane, beta hexachlorocyclohexane,lindane, pentachlorobenzene
2) Industrial chemicals:
hexabromobiphenyl, hexabromodiphenyl ether and heptabromodiphenyl ether,pentachlorobenzene, perfluorooctane sulfonic acid (PFOS) and its salts,
perfluorooctane sulfonyl fluoride (PFOSF), tetrabromodiphenyl ether andpentabromodiphenyl ether
3) By-products:
alpha hexachlorocyclohexane, beta hexachlorocyclohexane, pentachlorobenzene
9Ｎｉｎｅ New POPs
* In the Annexes, the total of 9 substances were added to the lists, considering
No.1 and 2 as one, No. 9 and 10 as one (commercial pentaBDE), andNo. 11 and 12 as one (commercial octaBDE).
Substance

Purposes

1. Perfluorooctane sulfonate acid (PFOS) and its salts

Water repellent, Lipid repellent, Surfactant

2. Perfluorooctane sulfonyl fluoride (PFOSF)

Starting material for PFO

3. Pentachlorobenzene

Agricultural chemicals, Byproduct4. r-1, c-2, t-3, c-4, t-5, t-6-hexachlorocyclohexane(Alpha hexachlorocyclohexane)

Byproduct of Lindane

5. r-1, t-2, c-3, t-4, c-5, t-6-hexachlorocyclohexane(Beta hexachlorocyclohexane)

Byproduct of Lindane

6. r-1, c-2, t-3, c-4, c-5, t-6-hexachlorocyclohexane(Gamma-hexachlorocyclohexane or Lindane)

Agricultural chemicals, Pesticides

7. Decachloropentacyclo [5.3.0.0.0.0] decan-5-one (Chlordecone)

Agricultural chemicals, Pesticides

8. Hexabromobiphenyl

Flame retardants

9. Tetrabromo (phenoxybenzene) (Tetrabromodiphenyl ether)

Flame retardants

10. Pentabromo (phenoxybenzene) (Pentabromodiphenyl ether)

Flame retardants

11. Hexabromo (phenoxybenzene) (Hexabromodiphenyl ether)

Flame retardants

12. Heptabromo (phenoxybenzene) (Heptabromodiphenyl ether)

Flame retardants

10Addition to Annex A (Elimination)
Parties must take measures to eliminate the production and use of the chemicals
listed under Annex A (chemicals to be eliminated). Specific exemptions for use or
production are listed in the Annex and apply only to Parties that register forthem.
Substance
Usage
commercial pentaBDE
flame retardant(tetrabromodiphenyl ether andpentabromodiphenyl ether)

specific exemption
for use as articles containing these chemicals
for recycling

chlordecone

agricultural pesticide

without specific exemptions

hexabromobiphenyllindaneflame retardant
creams for treatment
head lice, agricultural
pesticidealpha hexachlorocyclohexane

unintended byproductof lindane manufacture

without specific exemptions
specific exemption
for use as a human health pharmaceutical forcontrol of head lice and scabies as second line
treatment
without specific exemptions

beta hexachlorocyclohexane

unintended byproduct without specific exemptionsof lindane manufacturecommercial octaBDE
flame retardant(hexabromodiphenyl ether andheptabromodiphenyl ether)

exemptions

specific exemption
for use as articles containing these chemicals
for recycling
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Addition to Annex B (Restriction)
Parties must take measures to restrict the production and use of the chemicals
listed under Annex B (chemicals to be restricted) in light of any applicableacceptable purposes and/or specific exemptions listed in the Annex.
Substance
perfluorooctane sulfonicacid (PFOS), its salts andperfluorooctane sulfonyl
fluoride (PFOS-F)

Usage
electric andelectronic parts,
fire fighting foam,
photo imaging,hydraulic fluids
and textiles, etc.

As for PFOS, its salts and PFOS fluoride, there aresome uses for which alternatives are notavailable at home and abroad at this time, which
led to their inclusion in Annex B. It was agreed
that the parties will advance the development ofalternative technology and work toward theirelimination in the future.

exemptions

acceptable purposes
for photo-imaging, photo-resist and anti-reflective
coatings for semi-conductor, etching agent for compoundsemi-conductor and ceramic filter, aviation hydraulic fluids,
metal plating (hard metal plating) only in closed-loopsystems, certain medical devices (such as ethylene
tetrafluoroethylene copolymer (ETFE) layers and radioopaque ETFE production, in?vitro diagnostic medical
devices, and CCD colour filters), fire-fighting foam, insect
baits for control of leaf-cutting ants from Atta spp. andAcromyrmex spp.
specific exemptions
for photo masks in the semiconductor and liquid crystal
display (LCD) industries, metal plating (hard metal plating,decorative plating), electric and electronic parts for somecolour printers and colour copy machines, insecticides forcontrol of red imported fire ant, and termites, chemicallydriven oil production, carpets, leather and apparel, textiles
and upholstery, paper and packaging, coatings and coating12additives, rubber and plastics

Addition to Annexes A and C (Unintentional production)
Parties must take measures to reduce the unintentional releases of chemicals listed
under Annex C (minimization of unintentional releases of listed chemicals) with thegoal of continuing minimization and, where feasible, ultimate elimination.

Substance
pentachlorobenzene

Usagedyestuff
carrier,fungicide,flame
retardant,chemicalintermediate

Exemptions(Annex A) without specific exemptions(Annex C) Parties shall take measures to reduce theunintentional releases

13Schedule
Entry into force of the amendments• In principle, the amendments to Annexes A, B and C shallenter into force at the expiry of 1 year after the COP decision(i.e., August 26, 2010).

Necessary actions after the entry into force• Parties should put its national legislation and regulations inconformity with the obligations as set out by theConventions.
• Parties needs to review and update its nationalimplementation plan (NIP).
• Parties shall transmit their revised/updated NIP to the COP
within 2 years of the entry into force of the amendments(i.e., August 26, 2012).
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3. Japan’s Response to New POPs- Amendment to the Chemical Substances
Control Law & its Relevant Regulations

15Amendment to Chemical Substances Control Law(CSCL) in 2009
International inconsistencies should be eliminated by reviewing regulations
on Class I Specified Chemical Substances in order to permit the exceptionaluse of substances that will be listed under the Stockholm Convention in thefuture under strict control.

Before the Amendment

After the Amendment

Class I Specified ChemicalSubstances could be onlyused, when there is no
substitute,substitute and they don’t
use mainly in the daily
lives of consumers andhave no risks of causing
environmental pollution.
pollution

Class I Specified Chemical
Substances are permitted incase of the exceptional use
listed under the Stockholm
Convention. While, obligations
to adhere to specific handlingstandards and label them are
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added.
added

Amendment to the Order for Enforcementof CSCL in 2009
(1) Additional designation for Class I Specified Chemical Substances
New POPs were designated the Class I Specified Chemical
Substances under CSCL (Enforced in April 1, 2010)
Perfluorooctane-1- sulfonic acid (PFOS) or its salts
Perfluorooctane-1- sulfonyl fluoride (PFOSF)Pentachlorobenzene
1-alpha,2-alpha,3-beta,4-alpha,5-beta,6-beta-Hexachlorocyclohexane(alpha-Hexachlorocyclohexane)
1-alpha,2-beta,3-alpha,4-beta,5-alpha,6-beta-Hexachlorocyclohexane(beta-Hexachlorocyclohexane)
1-alpha,2-alpha,3-beta,4-alpha,5-alpha,6-beta-Hexachlorocyclohexane(gamma-1,2,3,4,5,6-Hexachlorocyclohexane or Lindane)
Decachloropentacyclo[5.3.0.02,6.03,9.04,8]decan-5-one (Chlordecone)
Hexabromobiphenyl
Tetrabromophenoxybenzene (Tetrabromodiphenyl ether)
Pentabromobiphenyl (Pentabromodiphenyl ether)
Hexabromophenoxybenzene (Hexabromodiphenyl ether)
Heptabromophenoxybenzene (Heptabromodiphenyl ether)17(2) Addition of Articles Containing Class I Specified Chemical Substances
for Import-prohibited Items
14 Articles with 3 new Class I Specified Chemical Substances wereprohibited against their import (Enforced in May 1, 2010)[PFOS and its salts]
Aviation hydraulic fluids
Spinning oil
Etching agent for processing of metal
Etching agent for semi-conductor production (exclude the compound-semi-conductor
which makes it possible for the radio equipment to send and receive an equal to or morethan 3 MHz frequency electric wave)
Surface preparation agent or its preparation additives for metal plating
Anti-reflective coating for semi-conductor production
Abrading agent
Fire extinguisher, fire-extinguishing chemical for fire extinguisher and fire fighting foam
Insect baits (limited to insecticides for control of termites or ants)
Photographic paper[Tetrabromodiphenyl ether and Pentabromodiphenyl ether]
PaintsAdhesives18

(3) Essential Uses of Class I Specified Chemical SubstancesClass I Specified Chemical Substances should not be used in principle; however, thefollowing exceptional uses would be acceptable (Enforced in April 1, 2010)
Essential Uses of Class I Specified Chemical Substances[PFOS and its salt]
Production of etching agent (limited to ceramic filter or the compound-semi-conductor whichmakes it possible for the radio equipment to send and receive an equal to or more than 3 MHz
frequency electric wave)
Production of photo-resist for semi-conductor Market research showed that among new POPs,
Production of photographic film for industry only PFOS, its salt and PFOS-F weremanufactured/imported in the past 3 years in Japan.

Those who use Class I Specified Chemical Substances in their articles shallfollow the technical standards and implement labeling to prevent theenvironmental pollution (Enforced in October 1, 2010)
Articles with the Class I Specified Chemical Substances which shall conform to the technical standards
and labeling[PFOS and its salt]
Production of etching agent (limited to ceramic filter or the compound-semi-conductor which makes
it possible for the radio equipment to send and receive an equal to or more than 3 MHz frequency
electric wave)
Photo-resist for semi-conductor
Photographic film for industry
fire extinguisher, fire-extinguishing chemical for fire extinguisher and fire fighting foam (for the19time being)Establishment of the Relevant Ordinancesof CSCL in 2010 (Enforced in October 1, 2010)(1) Technical standards concerning articles containing PFOS and its salts
・PFOS and its salts
・Etching agents for semiconductors (limited to voltage filters and high-frequency
compound semiconductors to allow radio equipment to transmit waves of 3
megahertz or higher.)・Semiconductor resists
・Photo films for industrial purposes(2) Technical standards concerning fire extinguisher, fire-extinguishing chemical
for fire extinguisher and fire fighting foam containing PFOS and its salts(3) Mandatory labeling on articles containing PFOS and its salts
・PFOS and its salts
・Etching agents for semiconductors (limited to voltage filters and high-frequency
compound semiconductors to allow radio equipment to transmit waves of 3
megahertz or higher.)・Semiconductor resists
・Photo films for industrial purposes
・Fire extinguishers agents for fire extinguishers and fire extinguishers, extinguishers,
fire-extinguishing foam20

Future Challenges
for the Convention and POPs
Any Party may submit proposal for listing a new chemical in
Annexes of the Convention. The POPs Review Committee (POPRC)
evaluates the proposals and makes recommendation to COP onsuch listing.

Currently, following chemicals are under review:・Short-chained chlorinated paraffins・Endosulfan
・Hexabromocyclododecane (HBCD)

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Future Challenges
for the Convention and POPs
Contribution to POPRC

MOEJ submitted data on Avian Reproduction Toxicity of HBCD forthe preparation of draft risk profile.
“6-Week Administration Study of 1,2,5,6,9,10-Hexabromocyclododecane
for Avian Reproduction Toxicity under Long-day Conditions using Japanese Quail”
Bird chick survival was decreased in quails exposed via the feed to 15 ppm
HBCD (2.1 mg/kg/day), NOEC 5 ppm (0.7 mg/kg/day).

Internal policies (As of September 3, 2010)

The Councils decided to instruct a person operating the businessof manufacturing or importing of HBCD to conduct a study of thehazardous and to report the results thereof.
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Thank you for your kind attention!

MOEJ’s website（English）
http://www.env.go.jp/en/（中文）
http://www.env.go.jp/cn/（한국어）
http://www.env.go.jp/kr/
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