Covered Facilities

• Facilities (e.g., factories) that manufacture, possess, release into the environment, or transfer designated “target pollutants and chemicals” in quantities exceeding specified thresholds. Note that the specific pollutants and chemicals are not yet defined in this draft.
  
  

Reporting Obligations　　

• Each covered facility must report the manufactured and possessed quantities of target substances, their release into the environment (air, water, soil, etc.), and their transfer as waste or wastewater. These reports must be submitted to the Pollution Control Department (PCD) under the Ministry of Natural Resources and Environment at least once a year.
  
  

Public Disclosure　　

• The collected data—including release and transfer volumes, facility locations, and business types—will be compiled into a database. Citizens will have easy and free access to this database.
  
  

Protection of Trade Secrets　　

• If disclosing specific chemical names or possessed quantities would cause commercial disadvantage, businesses can file a request for non-disclosure citing “trade secrets”. If approved, a generic “chemical group name” can be used in place of the specific substance name for public disclosure.
  
  

Penalties　　

Failure to fulfill reporting obligations or comply with corrective orders will result in an administrative fine of 200,000 to 1,000,000 THB, with an additional maximum daily fine of 50,000 THB while the violation continues.

• Administrative Penalties: Failure to report or comply with regulatory orders carries a fine of 200,000 to 1,000,000 THB, plus an additional fine of up to 50,000 THB per day until compliance is achieved.
• Criminal Penalties: Submitting false information or concealing facts is punishable by imprisonment for up to 2 years, a fine of 500,000 to 5,000,000 THB, or both　　. In cases of corporate violations, directors or managers who issued the instructions are also subject to punishment.
  
  
  

Increased Compliance and Operational Costs　　

• Businesses will need to establish systems for accurately measuring, calculating, and reporting release and transfer volumes, conduct testing and registration, and assign dedicated staff　　. This is expected to significantly increase administrative burdens and operational costs.
  
  

Reputation Risks from Public Disclosure　　

• Because emission data will be publicly available, environmental scrutiny from local residents and NGOs will intensify.
• High emission levels carry the risk of damaging the corporate image and provoking community backlash, necessitating strict accountability regarding environmental initiatives.
  
  

Strict Obligations for Intellectual Property Protection　　

• Companies must carefully navigate the balance between public disclosure and maintaining corporate secrets.
• To prevent the leakage of highly confidential chemical information (such as product formulations), companies must proactively file for “trade secret” protection and establish robust internal governance structures to substantiate these claims.
  
  

Severe Legal Risks for Management (Urgent Need to Strengthen Governance)　　

• Strict provisions are in place, meaning violations such as false reporting can lead not only to corporate fines but also to personal criminal penalties (e.g., imprisonment) for the executive management.
• Consequently, managing these obligations cannot be left solely to frontline staff; there is an urgent need to build a rigorous, top-management-driven chemical management and auditing framework (compliance system).
  
  

Target Pollutants　　

• The current draft does not explicitly list the specific pollutants and chemicals to be targeted.
• It only defines the “criteria (properties)” for targeted substances, which include carcinogens, mutagens, reproductive toxicants, chronic toxicants, substances harmful to ecosystems, ozone-depleting substances, and persistent organic pollutants (POPs).
• The specific substance lists are expected to be clarified in future notifications from the Ministry of Natural Resources and Environment.
  
  

Definition of Target Facilities　　

• The exact definition of covered facilities is not clarified in the current draft.
• This is also expected to be detailed in future Ministry notifications.