In a significant move aimed at curbing environmental pollution, Japan has officially notified the World Trade Organization (WTO) of its intention to designate Perfluorohexane Sulfonate (PFHxS), its isomers, or salts as Class I Specified Chemical Substances on 1 September 2023. These substances will require special authorization for their manufacturing or importation within the country.

The decision, based on Article 24 of the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc., will also entail a ban on several products if they incorporate PFHxS, its isomers, or their salts. The proposed date for adopting these measures is set for November 2023, with the entry into force scheduled for January 2024 for chemical substances and May 2024 for the products affected.

The following products will be prohibited from being imported when containing PFHxS, its isomers, or salts:

1. Water-repellent textiles and oil-repellent textiles.

2. Etching agents used for metal processing.

3. Etchants used in the manufacture of semiconductors.

4. Surface treatment agents for plating or related additives.

5. Antireflection agents used in semiconductor manufacturing.

6. Resists for semiconductors.

7. Water repellent, oil repellent, and fabric protection agents.

8. Fire extinguishers, fire-extinguishing agents, and fire-extinguishing foam.

9. Water-repellent clothes and oil-repellent clothes.

10. Water-repellent floor coverings and oil-repellent floor coverings.

The move is driven by concerns over the environmental impact of PFHxS, its isomers, and their salts, which are known for their non-biodegradability, high potential for bioaccumulation, and chronic toxicity. The decision aligns with resolutions made during the 10th Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants in 2022, emphasizing the need for international action against hazardous substances.

The public and stakeholders are invited to provide comments on these proposed measures within 60 days from the date of notification.

The Manufacturing Industries Bureau of the Ministry of Economy, Trade and Industry (METI) has unveiled a groundbreaking decision to include three POPs (persistent organic pollutants) to the Class I Specified Chemical Substances List. The announcement, issued on 10 August 2023, follows the eleventh meeting of the Conference of the Parties to the Stockholm Convention (SC COP-11).

Stockholm Convention COP-11

At the eleventh meeting of the Conference of the Parties (COP) to the Stockholm Convention on 5 May 2023, over 120 countries collectively agreed to include two plastic chemicals and a pesticide in the Convention's list of substances earmarked for global elimination (Annex A). The three substances—UV-328, Dechlorane Plus, and Methoxychlor—were identified as meeting the Convention's criteria for persistent organic pollutants (POPs), thereby necessitating a global prohibition.

Details of three POPs

This decision to add the three POPs to the Class I Specified Chemical Substances under the Chemical Substances Control Law (CSCL) was made after thorough discussions during the 229th meeting of the Chemical Review Committee held in July 2023.

Details of the three newly listed substances are:

Each of these substances has raised concerns due to their persistence, high bioaccumulation potential, and long-term toxicity. More information about the substances can be found here.

Future schedule

Specific measures such as the designation of import-prohibited products and restrictions on the use of the three substances other than for specific applications will be decided after a joint meeting between the Ministry of Health, Labor and Welfare (MHLW) and the Ministry of the Environment (MoE). The implementation of these measures is expected after the fall of 2024, providing industries and stakeholders with a transition period to adjust their practices accordingly.