FAQs on the Catalog of Hazardous Chemicals and the Determinative Criteria

Q1: Is the Catalog of Hazardous Chemicals (2015) (the Catalog 2015) still valid? Is diesel oil classified as a hazardous chemical? (The local emergency management department does not regard it as a hazardous chemical.)

A: The 2015 revision is valid at current. Diesel oil with a flash point below 60 ℃ is classified as a hazardous chemical according to the Catalog 2015.

Q2: If the main constituents of a substance are not listed in the Catalog 2015, but its Safety Data Sheet (SDS) shows its hazards as:

• Skin corrosion, category 2;
• Serious eye damage, category 2A; and
• Carcinogenicity, category 1B

Is this substance identified as a hazardous chemical? Do I need to manage it as a hazardous chemical?

A: Please entrust a qualified unit to assess its physical hazards to confirm whether it is a hazardous chemical or not. If it is a hazardous chemical, please confirm whether your company is allowed to produce, operate, store or use hazardous chemicals, and manage the chemical according to the relevant rules of the local emergency management department.

Q3: The former Third Division of the State Administration of Work Safety (SAWS) issued the first batch of the Catalog of Hazardous Chemicals under priority supervision (No.95 [2011]) and indicates the term “hazardous chemicals under priority supervision” refers to chemicals that are listed on the Catalog and meet the determinative criteria. It is clear that chemicals included in the Catalog shall be under priority supervision, are chemicals that are not included in the Catalog but meet the determinative criteria also under priority supervision?

A: According to the Third Division of the SAWS No.95 [2011] Notification and the Interpretations for the First Batch of the Catalog of Hazardous Chemicals, chemicals that meet the determinative criteria also shall be under priority supervision.

Q4: Supposing the main constituents of some materials on the Material Safety Data Sheet (MSDS) are listed in the Catalog 2015, with a total mass or volume percentage less than 70%, but their hazards statements indicate the hazards: serious eye damage/eye irritation, category 2A; skin corrosion/irritation, category 2A; skin sensitization, category 1; etc. are they identified as hazardous chemicals? (Is the judgment based on the composition or on the category type of the hazards?) Do they must be stored in qualified warehouses for hazardous chemicals?

A: If the product’s hazard classification complies with the determination criteria of hazardous chemicals, the company could manage the product as a hazardous chemical. For products that are not included in the catalog of hazardous chemicals, does not meet the 70% principle, and does not meet the requirements of Entry 2828 of the Catalog 2015, such products are not required to apply for relevant safety production permits, or stored in qualified special warehouses. However, the warehouse where they are stored should also meet the relevant requirements of building fire protection codes to ensure safety.

Q5: Is dry ice a hazardous chemical?

A: No, it isn’t. Dry ice is a solid while compressed carbon dioxide is a gas. The carbon dioxide referred to the Catalog 2015 only covers compressed gas and liquefies gas. Thanks for your attention to safety production of hazardous chemicals.

Q6: Can the γ -Terpinene (CAS No. 99-85-4) be classified as butadiene (CAS No.63394-00-3) under Entry 2125 of the Catalog 2015 or as a hazardous chemical listed in the Catalog 2015? (Consulted on July28, 2021)

A: As a general term of hydrocarbon terpenes, butadiene is an olefinic compound with the molecular formula of an integer multiple of isoprene, consisting of two or more isoprene molecules, bonded together by head to tail. As a monoterperpene hydrocarbon, γ -Terpinene can be identified as a hazardous chemical listed in the Catalog 2015.

Q7: How to define a hazardous chemical enterprise? Do hazardous chemical enterprises refer to enterprises involved in the production, use, and storage of hazardous chemicals? Is an enterprise only involved in use a hazardous chemical enterprise? For example, if an enterprise does not involve hazardous chemicals and hazardous processes in all raw materials and intermediate products, but only uses a small amount of hazardous chemicals in wastewater treatment and product testing, is it a hazardous chemical enterprise?

A: The hazardous chemical enterprises shall be defined in reference to provisions of the Measures for Implementation of Work Safety Licenses of Hazardous Chemical Production Enterprises (SAWS Order No.41), the Measures for the Administration of Operating Licenses for Hazardous Chemicals (SAWS Order No.55), and the Measures for the Implementation of the Permits for the Safe Use of Hazardous Chemicals (SAWS Order No.57).

Q8: This question is about the management of alcohol with high concentrations. For alcohols with an alcoholic content greater than 70°, does it belong to the category of "ethanol solution [containing ethanol greater than 24 by volume]" in hazardous chemicals? Does it need to be managed as dangerous goods? Is it required to be transported in Packing Group II requirements with MSDS?

A: Please consult the competent departments of transportation.

Q9: In the Catalog of Hazardous Chemicals (2018), ethanol (CAS number: 64-17-5) is identified as a hazardous chemical while medical alcohol is not included. However, in the Catalogue of Industries Involving Safety Risks of Hazardous Chemicals (Work Safety Committee of the State Council Order No.7, 2016), medical alcohol is listed as a hazardous chemical in several industries. Is medical alcohol, or alcohol with a concentration of less than 99.5, classified as a hazardous chemical? Is it subject to the Regulation on the Safety Management of Hazardous Chemicals?

A: According to the Implementing Guidance (Trial) for Catalog of Hazardous Chemicals (2015), ethanol solution by volume ratio of ethanol ≥ 24% is a hazardous chemical. Since the concentration of medical alcohol is 75 %, it is a hazardous chemical. According to the Article 97 of the Regulation on the Safety Management of Hazardous Chemicals, “The safety management of regulated chemicals, drugs and pesticides that are classified as hazardous chemicals shall be implemented by this Regulation; provisions in other laws and regulations shall prevail.” Therefore, medical alcohol shall be subject to the Regulation on the Safety Management of Hazardous Chemicals.

Q10: There is no national standard of solidified alcohol used in households and restaurants. The existing standards are mainly formulated by enterprises. Is it appropriate to identify this kind of solidified alcohol as a hazardous chemical?

A: It is recommended to identify and classify the physical hazards according to the Measures for the Administration of Identification and Classification of Physical Hazards of Chemicals (Order No. 60 by the former SAWS), and then determine it by the determination criteria in the Implementing Guidance (Trial) for Catalog of Hazardous Chemicals (2015).

Q11: Is automotive grade urea a hazardous chemical?

A: Please check this substance in the Catalog 2015. If this substance is a mixture but not listed in the Catalog 2015, please entrust a qualified unit to conduct physical hazard assessment to determine whether it is hazardous or not.

Q12: According to the Article 6 of the Implementing Guidance (Trial) for Catalog of Hazardous Chemicals (2015), for mixtures whose main constituents are not listed in Catalog 2015, and the total mass or volume ratio of main constituents is less than 70% or chemicals whose hazard properties have not yet been determined, these substances need to make an identification. In Article 7, chemicals that meet the flash point determination criteria in Entry 2828 of Catalog 2015 are considered as hazardous chemicals under the Entry 2828. Are organic silicone resins with a flash point less than 23°C hazardous chemicals regardless of their constituents? Or is it necessary to make an identification?

A: According to the Catalog 2015, if the flash point of an organic silicon resin is ≤ 60℃ after the hazard identification, it is a hazardous chemical.

Q13: In Entry 903 of the Catalog 2015, hydrogen peroxide solution [content > 8%] is listed as a hazardous chemical. Does the solution here refer to an aqueous solution, i.e. diluted hydrogen peroxide? Is a hydrogen peroxide mixture containing only chemicals and water applicable to Entry 903?

A: If there is no specific instruction, solutions refer to aqueous solutions. Hydrogen peroxide solutions with a concentration > 8% to which other chemicals (except stabilizers and inert chemicals) have been added are not considered to be aqueous solutions of hydrogen peroxide. However, hazard identification shall be made for the mixed solution according to relevant regulations.

Q14: According to the SDS, the environment-friendly ink thinner, mainly composed of 42.8% of propylene dichloride, 34.5% of n-propyl acetate, 22.5 of methylene chloride and 0.08% of water, is a flammable liquid of category 3. Is it a hazardous chemical?

A: According to the information provided, the product is a flammable liquid, which is a hazardous chemical subject to the Entry 2828 of the Catalog 2015.

Q15: As a staff member of a security department, how to determine accurately and effectively whether an article is a hazardous chemical? Is the judgment based on its main ingredients or its name? If the basis is the main ingredients, is there any requirement on concentrations? Is the Catalog 2015 on the website the latest version? If the main ingredients of a chemical are included in the Catalog 2015, is it a hazardous chemical?

A: Please refer to the Catalog of Hazardous Chemicals (2015) and the Implementing Guidance (Trial) for Catalog of Hazardous Chemicals (2015).

Q16: When will the Hazardous Chemicals Safety Law of the People’s Republic of China be officially promulgated?

A: The Ministry of Emergency Management of China is actively cooperating with legislatures such as the Standing Committee of the National People’s Congress, focusing on promoting the legislation of the Hazardous Chemicals Safety Law of the People’s Republic of China. The official introduction shall be subject to deliberation and approval by the Standing Committee of the National People’s Congress.

Summary

The formulation of management regulation on hazardous chemicals in China is very complex since different departments and various regulations are involved. These existing regulations not only have an influence on the chemical industry but also affect other downstream industries such as manufacturing, pharmaceuticals, retail and energy. Before importing chemicals to China, enterprises shall understand the requirements of registration, operation permits or import permits, and whether the chemicals have been restricted or prohibited in China. To ensure the trade compliance of chemical substances, enterprises shall perform their obligations of registrations or applications to import permits of the chemicals.

If you have any needs or questions, please contact us at service@hfoushi.com.