Amendments Preannounced for the Management and Handling of Toxic and Concerned Chemical Substancesline分享列印本頁
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The Toxic and Concerned Chemical Substances Control Act was amended on 16 January 2019 to add “concerned chemical substances” as a new category of controlled substances. In response to changes to the Act and to maintain consistency of the stipulations, the drafts of revisions have been made to the following regulations: the Permit Registration and Approval Regulations for Toxic Chemical Substances, the Regulations Governing Recordkeeping for the Handling and Release of Toxic Chemical Substances, and the Toxic Chemical Substances Labeling and Materials Safety Data Sheets Regulations. In addition, the management regulations governing permission to use class 4 Toxic Chemical Substances will be annulled and any related policies under the original law will be merged into the Permit Registration and Approval Regulations for Toxic Chemical Substances.

Revisions to the Permit Registration and Approval Regulations for Toxic Chemical Substances, the Regulations Governing Recordkeeping for the Handling and Release of Toxic Chemical Substances, and the Toxic Chemical Substances Labeling and Materials Safety Data Sheets Regulations mainly focus on:
1. Revising the legal basis of the laws according to the amended Toxic and Concerned Chemical Substances Control Act.
2. Renaming the regulations in response to the newly added category of controlled chemical substances: concerned chemical substances.
3. Adding new management regulations and revising the content of some articles.
4. After evaluating outcomes of current policy, permit application procedures were simplified and management was enhanced for the handling of controlled chemicals. 
All three amendments are expected to take effect on 16 January 2020.
The main points of the amendments to the Permit Registration and Approval Regulations for Toxic Chemicals are as follows:
1. The Permit Registration and Approval Regulations for Toxic Chemical Substances will be renamed the Permit Registration and Approval Regulations for Toxic and Concerned Chemical Substances.
2. Existing content of the Management Regulations Governing Permission to Use Class 4 Toxic Chemical Substances will be combined into the renamed regulations. 
3. To simplify the application and review procedures, permits, registration documents and approval documents are to be applied for and granted based on the handlers or operating sites instead of having separate permits for each individual chemical substance. 
4. Regulations governing the replacement, renewal or extension of permits are added.
5. Regulations governing the deadlines for making corrections to different permit and document applications are added. 
6. Regulations governing the procedures and content that handlers shall follow for transparency of information are added.

Amendments to the Regulations Governing Recordkeeping for the Handling and Release of Toxic Chemical Substances include:
1. The Regulations Governing Recordkeeping for the Handling and Release of Toxic Chemical Substances will be renamed the Regulations Governing Recordkeeping for the Handling and Release of Toxic and Concerned Chemical Substances.
2. Regulations are added to stipulate the content and format of the handling records and how often they need to be updated. The frequency for reporting the records to the EPA will be announced in the future. 
3. The current regulations exempt handlers from submitting handling records every month if the released volumes to be released stay the same. However, it has been difficult to differentiate between overdue reports and exemptions, which have caused confusion for both handlers and local environmental protection bureaus. Therefore, this rule will be abolished, and monthly submissions of handling records will be required with no exceptions. 

The main points of the amendments to the Toxic Chemical Substances Labeling and Materials Safety Data Sheets Regulations are as follows:
1. The Toxic Chemical Substances Labeling and Materials Safety Data Sheets Regulations will be renamed the Toxic and Concerned Chemical Substances Labeling and Materials Safety Data Sheets Regulations.
2. When there are any difficulties with labeling caused by the appearances or materials of the containers or packaging, alternative methods are to be adopted, such as using fold-out labels, attaching hang tags, or directly printing required information on the containers. 
3. To enhance risk communication for handling processes, labeling and materials safety data sheets are to be in Chinese, with English translation when necessary. Also, a one year grace period will be given to those who need to adjust their label content and materials safety data sheets based on this rule.

As for the amendments regarding concerned chemical substances, an official control list will be announced in the future. Any substances on the list will require proper labelling and handlers are to produce safety data sheets for materials in accordance with the regulations. Furthermore, substances on the list will be under tiered management based on their characteristics and handlers will be obliged to obtain approval documents and submit regular operation records.

Excerpt from Environmental Policy Monthly, 22 (9)

Source:
Environmental Protection Administration, R.O.C.(Taiwan)
Updated:
2019-10-22
Hit:
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