Policy paper

Summary of notice responses

Updated 7 June 2021

In January 2021 we asked for comments on the draft proposal to list chlorinated paraffins with carbon chain lengths in the range C14-17 and chlorination levels ≥45% chlorine by weight as a persistent organic pollutant (POP).

In accordance with the privacy notice the responses can be found below. All other personal data will only be shared with the internal Defra group.

How many people responded

We received 17 responses to the notice. Replies came from a range of stakeholders, including businesses, business associations, other governments and regulators. A virtual stakeholder event to explain the proposal was also held on 23 February and was attended by 79 people. It was also discussed at the Hazardous Substances Advisory Committee (HSAC) on 3 February 2021.

How were my comments considered

Every comment and all information provided were considered by Defra and the Environment Agency, who provide technical and scientific support to the Secretary of State. Technical information received was used in consideration and preparation of the Annex D proposal to the Stockholm Convention. Socio/economic information provided will be retained and provided to the Persistent Organic Pollutants Review Committee (POPRC) at the relevant stage of the proposal process.

Decision

The Secretary of State instructed the Environment Agency to produce a proposal setting out the evidence that Medium-Chain Chlorinated Paraffins (MCCPs) are persistent organic pollutants in accordance with the criteria set out in Annex D of the Stockholm Convention. This was submitted by Defra on 27 April 2021.

Annex D: Summary of UK proposal to list Chlorinated paraffins with carbon chain lengths in the range C14-17 and chlorination levels at or exceeding 45% chlorine by weight.

Annex D: Support document for UK Proposal to list Chlorinated paraffins with carbon chain lengths in the range C14-17 and chlorination levels at or exceeding 45% chlorine by weight.

What happens next

If the secretariat of the Stockholm Convention accepts the proposal, it will be published prior to the next POPRC meeting in September 2021. If it is agreed that there is evidence that MCCPs fulfil the POPs screening criteria, there will be further opportunities to provide relevant information about the substance. Defra will publish further draft POPRC documents as they are made available.

Responses received

We received detailed responses from the following:

• British Plastic Federation
• Chloroalkanes Product Group and the Chlorinated Paraffins Industry Association
• European Chemical industry Council (CEFIC)
• DuPont
• ETH Zürich
• FEICA - Association of the European Adhesive & Sealant Industry
• Inovyn
• MCCP REACH Consortium
• Plastics Recyclers Europe
• Soudal
• Special Metals Wiggins
• Federal Department for the Environment, Transport, Energy and Communications DETEC

These response documents are available in 3 zip files.

The following organisations provided shorter responses that are reproduced below:

AeroSpace and Defence Industries Association of Europe

The Aerospace and Defence Industries Associations of Europe (ASD) expressed concern about the draft proposal to list chlorinated paraffins with carbon chain lengths in the range C14-17 and chlorination levels ≥45% chlorine by weight as a persistent organic pollutant (POP). Such substances are commonly referred to as ‘medium chain chlorinated paraffins’ (MCCPs), CAS 85535-85-9.

MCCPs are used by the aerospace and defence industry:

Within fluids and lubricants used in cutting, machining and hot forming processes.

In aircraft carpet tapes, cargo liner tapes, tamper proof putties, pinhole fillers, urethane adhesives, and in adhesives, sealants and coatings. It is understood that MCCPs are used primarily because of their flame-resistant properties.

In electrical and electronic equipment as a plasticiser and flame retardant, principally within PVC cable insulation, and less commonly, within coatings, sealants, and adhesives. Cables must withstand harsh environments within aerospace and defence equipment (e.g. vibration, extremes of temperature / rapid temperature cycling) and flame-resistance is crucial.

Some of the above products are supplied to aerospace and defence manufacturers as ‘articles’. Where so, there is insufficient data from suppliers to identify specific products where these substances are present and where they are not.

ASD understands that in some applications, MCCPs have been introduced as a substitute for short-chain chlorinated paraffins (SCCPs) and thus constitute ‘regrettable substitution’.

ASD members recognise the need to prevent the proliferation of POPs in the environment and support their substitution where possible. However, the introduction of alternatives in the manufacture and maintenance of aerospace and defence products is subject to stringent testing and requalification programmes which support continued certification/approval of products to globally recognised Aviation and Defence requirements. Introduction of alternatives would take several years and may not be possible in all circumstances. Where so, exemptions / definitions of acceptable use will be necessary to enable critical aerospace and defence uses of MCCPs to continue.

Australian Government

Australia is a party to the Stockholm Convention and is committed to the protection of human health and the environment from the harmful effects of persistent organic pollutants through cooperation with other parties. We acknowledge the work of the United Kingdom towards this goal in developing this proposal.

The Australian Government shares the concerns expressed by the United Kingdom about the hazard characteristics of medium-chain chlorinated paraffins (MCCPs). For convenience, the congeners covered by the proposal are referred to as medium-chain chlorinated paraffins in this submission.

In 2019, the Australian National Industrial Chemicals Notification and Assessment Scheme (NICNAS) published a risk assessment of these chemicals, which concluded that MCCPs are persistent, bioaccumulative and toxic according to Australian environmental hazard criteria. The assessment also noted that some MCCP congeners may meet the Annex D screening criteria of the Stockholm Convention, with similar characteristics to short-chain chlorinated paraffins (SCCPs) – a group of chemicals already listed on the convention.

Available information suggests that MCCPs are used as replacements for SCCPs for industrial uses in Australia. Brandsma et al. (2017)^{[footnote 1]} found that MCCPs are the dominant chlorinated paraffin in Australia sewage sludge, which are often applied to land as biosolids. He et al. (2019)^{[footnote 2]} found that MCCPs are the dominant chlorinated paraffin in Australian household dust, with the highest concentrations found in the dust from the interior of vehicles. Data such as these highlight the need to evaluate whether further risk management is necessary for this group of chemicals.

Chemical Industry Association

The UK Chemical Industries Association (CIA) welcomes the opportunity to provide input to the proposal to list “Chlorinated paraffins with carbon chain lengths in the range C14-17 and chlorination levels ≥45% chlorine by weight”- from now referred to as medium-chain chlorinated paraffins (MCCP) in Annex A, B or C to the Stockholm Convention on Persistent Organic Pollutants (POPs). CIA is the trade association representing and advising chemical and pharmaceutical businesses across the UK. A significant contributor to the UK economy (£17 billion of Gross Value Added on a turnover of £55.5billion), the chemical industry is at the heart of UK manufacturing, with chemistry and chemicals helping to ensure clean water, sufficient food, clean energy and many other essentials to everyday life.

CIA does not support the proposal for inclusion of MCCPs in this Convention as we understand from the industry sector that not all the Annex D criteria have been met. We therefore ask that the UK re-evaluates this, taking into consideration the latest scientific data and points put forward by industry. CIA firmly believes in the objectives of the Stockholm Convention and for substances to be proposed as POPs for inclusion when they meet all Annex D criteria. With procedural processes for substance nominations, whether its UK or international legislation, industry supports following a robust evidence-based approach.

Whilst we note the concerns raised by the UK in the proposal for other regions of the world and that further management controls are needed, we believe there is a balance between deciding when to use international legislation such as Conventions opposite other local measures to manage a substance. When this is not global action, other approaches can be taken instead at the local level to manage chemicals and the UK can lend its support to these as it already does through the UN Strategic Approach to International Chemicals Management. In our view, the approach to managing these concerns using the Stockholm Convention exceeds the necessary action needed for managing the exposure and risk to this substance. CIA members are and remain committed to demonstrating safe and responsible use and management of substances.

Hempel AS

General

Hempel A/S is a worldwide paint manufacturer with 28 factories and headquartered in Denmark. We use C14-17 chlorinated paraffins as a plasticizer in a number of our paint products, sold globally. The total volume of C14-17 chlorinated paraffin containing products is 2-3 million litres per year. As the number of products is quite high, reformulation costs would be significant.

Current use

Our current main uses of C14-17 chlorinated paraffins include:

• primer coating for marine applications
• primer and topcoat for container applications
• road marking

The use level is 5-8 % by weight.

Our annual use of C14-17 chlorinated paraffins is 100-200 tons globally.

Alternatives to C14-17 chlorinated paraffins.

Alternatives have not been investigated currently but may exist. Higher molecular weight alternatives exist but if they are used, the VOC emissions will increase.

Environmental exposure to C14-17 chlorinated paraffins.

The main use of our C14-17 chlorinated paraffin containing products is for industrial and professional use.

Environmental release in industrial use is considered insignificant. In professional applications, normally a level of 2% environmental release would be realistic.

However, our use includes road marking where a higher environmental release would be expected (due to wear-down).

Estimate: 500.000 litres of coating * 5% weight * 50% release = 10-20 tons per year.

Petrofer

In regard to your policy paper on removing Chlorinated paraffins C14 to C17 chain length, we would like to point out that this would have a severe impact on some industrial processes where high EP products are necessary to produce components.

In several industrial processes such as broaching the use of chlorinated paraffins of C14 to C17 is needed in the cutting fluid to ensure that tooling can perform these extremely arduous operations.

Unfortunately, the alternative technologies, though safer for both operators and the environment will not perform under these difficult operations.

The use of C14 to C17 Cl paraffins has dramatically reduced, and they are only now used where alternative technology is unavailable to perform.

Many UK manufacturers still use this technology and are aware of the issues surrounding it and consequently employ correct PPE risk assessments and disposal regimes. I represent a German oil and chemical supplier in the UK and even though these types of products are not desirable in Europe they are still needed on a select few processes. Another fact is that stopping the use would simply drive the production of items and our industry to other countries such as India where the regulation of chlorinated cutting fluids is not an issue.

In conclusion these products are currently not widely used, technology cannot replace their performance and banning them would drive some of our industrial processes abroad losing the UK valuable production, employment and revenue.

Other views

We separately consulted the Hazardous Substances Advisory Committee (HSAC). Their views can be seen at item 8 of the meeting note from 3 February 2021.

1. Brandsma et al. (2017). Medium-chain chlorinated paraffins (CPs) dominate in Australian sewage sludge. Environmental Science and Technology, 51(6), pp 3364-3372. ↩

2. He et al. (2019). Chlorinated paraffins in indoor dust from Australia: Levels, congener patterns and preliminary assessment of human exposure. Science of the Total Environment, 682, pp 318-323. ↩