Industrial Chemical

BAT Principle Introduced under Japan’s CSCL Amendments for Class I Specified Chemical Substances

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News Brief

Japan’s Ministry of Health, Labour and Welfare (MHLW), Ministry of Economy, Trade and Industry (METI), and Ministry of the Environment (MoE) have recently issued a notice updating the handling methods for Class I Specified Chemical Substances present as impurities under the Chemical Substances Control Law (CSCL). These updates will officially take effect on October 7, 2025.

Regulatory Updates of Japan CSCL Class I List 

Under the updated CSCL regulations, if Class I Specified Chemical Substances are generated as by-products during the manufacturing of other chemical substances, companies must comply with the BAT Principle (Best Available Technology Principle).

What Is the BAT Principle?

The BAT Principle is designed to minimize environmental emissions by utilizing the most advanced and effective technologies, equipment, and operational methods. It balances industrial development with environmental protection by considering costs, energy efficiency, and environmental factors.

Key Compliance Requirements

  • Reducing the concentration of Class I Specified Chemical Substances in by-products to the lowest level that is technically and economically feasible under the BAT Principle.

  • Ensuring that by-products do not pose risks of environmental pollution or harm to human health. If these conditions are met, the by-product will not be classified as a Class I Specified Chemical Substance.

  • Submitting a report on the implementation of the BAT Principle to the three ministries in advance to meet the prior confirmation requirement.

Specific Management Requirements

The updated regulations outline two primary scenarios for managing Class I Specified Chemical Substances:

For substances with submitted BAT reports

  • Even if substances are no longer classified as Class I Specified Chemical Substances under CSCL, companies must continue to implement appropriate management and communication measures to prevent environmental pollution.

  • Substances with previously submitted “Self-imposed Management Thresholds” and Reasonableness Explanations under prior regulations may continue to follow the original arrangements.

For substances without submitted BAT reports

If trace amounts of impurities containing Class I Specified Chemical Substances (excluding Hexachlorobenzene (HCB), Polychlorinated Biphenyls (PCB), and Short-chain Chlorinated Paraffins (SCCP)) are discovered during manufacturing or importation, companies must:

  • Establish a “Self-imposed Management Threshold” based on the BAT Principle and submit a Reasonableness Explanation report to the three ministries.

  • Continuously monitor impurity concentrations to ensure they remain below the threshold and strive for further reductions.

  • Be prepared for the three ministries to request management status reports and potentially revise requirements.

Detailed Provisions for Exempted Substances

Hexachlorobenzene (HCB) Management Requirements:

For HCB present in Tetrachlorophthalic Anhydride (TCPA) and pigments/dyes using TCPA as a raw material:

  • Submit a Management Plan based on the BAT Principle to the three ministries.

  • Ensure HCB concentrations are below 200ppm (TCPA) and 10ppm (pigments/dyes).

  • Companies managing these substances under the specified standards will not need to submit Periodic Reports.

Polychlorinated Biphenyls (PCB) Management Requirements:

For trace amounts of PCB in chemical substances:

  • Submit a BAT-based Management Plan to the three ministries.

  • Ensure PCB concentrations are below the internationally recommended standard of 50ppm.

  • Companies managing these substances under the specified standards will not need to submit Periodic Reports.

Short-chain Chlorinated Paraffins (SCCP) Management Requirements:

For SCCP present in chemical substances:

  • Submit a BAT-based Management Plan to the three ministries.

  • Ensure SCCP concentrations are below 1 weight percentage (10,000ppm).

  • Companies managing these substances under the specified standards will not need to submit Periodic Reports.

Recycled Plastics Management Requirements:

For recycled plastics containing trace amounts of Class I Specified Chemical Substances:

  • Submit a BAT-based Management Plan to the three ministries if waste plastics are used as raw materials.

  • Companies with previously submitted Self-imposed Management Thresholds may be required to provide management status reports.

Compliance Recommendations for Companies

This regulatory update, based on the “Lifecycle Circular Economy Response Strategy” proposed during the “CSCL Implementation Assessment and Future Countermeasures” meeting on July 22, 2025, officially takes effect on October 7, 2025.

Key Takeaways:

  • Companies must continue to implement strict management and communication measures even after submitting BAT reports.

  • Substances with internationally established circulation concentration standards may be exempt from submitting Periodic Reports, reducing compliance burdens.

  • Non-compliance with stringent CSCL regulations for Class I Specified Chemical Substances can result in severe penalties.

Recommendations from REACH24H

· Companies involved in the production or importation of such substances should exercise caution and ensure compliance with CSCL requirements.

· Japanese importers may request Testing Certifications from suppliers to verify compliance.

For assistance with Class I Specified Chemical Substances Testing, contact REACH24H Consulting Group.

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