By: Wichit Chantanusornsiri, Yuthana Praiwan and Kultida Samabuddhi
Published: 17/02/2009 at 05:14 AM

The Industry Ministry has come under fresh attack after removing highly-toxic chemicals and radioactive material from its list of hazardous substances.

The ministry drew heavy flak last week when it was revealed it had listed 13 herbs on the hazardous substances list.

Yesterday it was revealed it had not yet acted on the removal of the herbs from the list - but it had withdrawn 23 substances including natural gas, copper sulphate, sulphur and cobalt-60, a radioactive isotope.

Penchom Tang, coordinator of the Campaign for Alternative Industry Network, demanded the hazardous substances committee explain the reason for the announcement. "Alteration of the hazardous substances list should be transparent and participated in by all stakeholders," Ms Penchom said.

"The committee always works behind closed doors and that allows some interests group to influence its decision."

The chemical in the spotlight is sulphur because its removal could favour some 10 giant sulphur importers which are facing criminal charges over illegal imports last year.

A source at the Customs Department yesterday said the agency found the 10 companies imported sulphur without permission. If found guilty, the firms, including big tyre manufacturers, could be fined billions of baht.

Sulphur, used in tyres and the auto parts industry, was formerly listed as a hazardous substance type 3 under the 1992 Hazardous Substance Act which requires importers, exporters and those handling it to seek permission from the Industrial Works Department (IWD).

After the case was forwarded to the Department of Special Investigation (DSI) for investigation, the IWD was "lobbied" to withdraw sulphur from the control list, the source said.

The hazardous substances committee, chaired by the permanent secretary for industry, complied with the IWDs proposal and it resolved on Dec 24 to remove sulphur from the substances control list.

There were also attempts to secure the Council of States legal interpretation that the announcement was retroactive, which means past imports for industrial use could go ahead without the IWDs permission, the source said.

Industry Minister Charnchai Chairungruang, who signed the announcement that took effect on Feb 3, denied any irregularity in the removal and said the issue was politicised.

"There is no hidden agenda behind the announcement," he said.

Deputy permanent secretary for industry Anusorn Nuangpholmak said the industry sector, especially the main users, have been asking the agency to remove sulphur from the list for a while.

"The committee took their requests into consideration and agreed to lift sulphur from the list as a favour to the business sector which faced difficulties in processing legal documents for their shipments," he said.

"They see this as unnecessary because it isnt to protect anyone. Why cause more difficulties and costs for the industrial sector?" he said.

Department of Agriculture deputy chief Jirakorn Kosaisevi said removing sulphur from the list would waive control for its industrial use only. Importers are required to follow the Department of Agricultures regulation on controlling sulphur for use on farms.

The substance is used as an ingredient in pesticides and fungicides.

Meanwhile, Udon Thani-based independent academic Somkid Homnet yesterday filed a charge with the Administrative Court against the industry minister for endorsing the announcement which was deemed to help sulphur importers to escape charges, and for violating farmers rights to use plant-based pesticides made from 13 herbal plants.

The court set next Monday to rule whether to accept the case for trial.

By Bangkok Post On 18 Feb 2009

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