FEICA Position Paper on use of Mid Chained Chlorinated Paraffin / MCCP in One Component Foam (OCF)

Background

Re-classification and labelling of MCCP as substance and in mixtures

From December 1st 2010, MCCP, Mid Chained Chlorinated Paraffin needs to be relabelled according to the 1st ATP of annex VI of the CLP Regulation, the new Regulation on Classification, Labelling and Packaging. This CLP Regulation entered into force in order to align existing EU legislation to the United Nations Globally Harmonised System (GHS).
MCCPs are chlorinated paraffins with a carbon chain length from C14 to C17, CAS 85535-85-9.

This CLP Regulation will, after a transitional period, replace the current rules on classification, labelling and packaging of substances (Directive 67/548/EEC) and preparations (Directive 1999/45/EC), known as the Dangerous Substances Directive (DSD) and the Dangerous Preparations Directive (DPD) respectively.

Just before the entry in force of the CLP, the classification of MCCP had been revised under the DSD via the 30th Adaptation to the Technical Progress (EC 2008/58/EC). Via the 1st ATP of annex VI of the CLP regulation the revised classification of 30th ATP of DSD was adopted under CLP in September 2009.

The requirements of the 1st ATP of annex VI of the CLP Regulation lead to the following consequences with respect to MCCP:

• MCCP (as substance) will have to be labelled with the new pictogram and hazard statements set by the CLP by 1st December 2010 at the latest.

-    Both classifications according to DSD and CLP will appear on the Product Safety Data Sheet of MCCP.

• MCCP containing mixtures may be classified and labelled from 1st December 2010 until 1st June 2015

-    either according to the DPD using the classification of MCCP given in the 1st ATP of annex VI of the CLP (no need to classify according to the CLP).

-   or/and according to the CLP using the classification of MCCP given in the 1st ATP of annex VI of the CLP. In this case both classifications are needed and have to appear on the Product Safety Data Sheet of the mixture.

The DPD classification and labelling can be used until 1st June 2015 at the latest. Then the CLP system becomes mandatory in all cases. However mixtures with the DPD classification placed on the market before 1st June 2015 may be supplied to end users until 1st June 2017.

New classification and labelling of MCCP according to the 1. ATP of annex VI of the CLP

New Classification of mixtures containing MCCP under the DPD

Under the DPD the classification and labelling of mixtures depends on the concentration level as specified here under:
Substance         N; R50/53-64-66
C ≥ 25%           N; R50/53-64
C ≥ 2,5%          N; R51/53-64
C ≥ 1%             N; R52/53-64
C ≥ 0,25%       N; R52/53

As the concentration of MCCP in OCF is often between 2.5 % and 25 %, the classification
N; R51/53-64 results from this formalism in this case. However, annex III part 3C of the DPD gives the possibility to avoid the acute classification (in this case R51) if acute toxicity tests result in toxicity values which do not cause an acute toxicity classification.

• a 48-hour Acute Toxicity to Daphnia Magna
• a fresh water algal growth inhibition test with Desmodesmus subspicatus

Both tests were carried out with a generic OCF formulation, containing 20 wt% of MCCP.
In the presence of water or humidity the foam reacts quickly and forms a skin in ca. 10 minutes and cures in about 1 hour. It is understood that (hydrophobic) MCCP will not be able to diffuse into water anymore once the skin has formed and even less so when the foam is totally cured as the MCCP is captured in the formed structure.
Therefore, it can be assumed that these tests represent the worst case scenario as the freshly sprayed and thus uncured foam comes into contact with water without having formed any skin yet.

The test report BMG study no. A10-00856 and BMG study no. A10-00857 respectively, showed no negative effects on the Daphnia Magna and algal growth. Even for freshly sprayed OCF containing 20 wt% of MCCP.

Thus the results imply that labelling of OCF formulations, containing up to 20% MCCP, with N; R51  under DPD, is not necessary.

Therefore it remains to keep R53 (“May cause long-term adverse effects in the aquatic environment”).

Classification of mixtures containing MCCP under the CLP

The complete classification of mixtures under the CLP will only be possible when the CLP classifications of all raw materials contained in it are known. As this is not the case for the moment, the CLP classifications of the OCF will be discussed later.

Conclusion

Based on the above argumentation and test results FEIBased on the above argumentation and test results FEICA adopts the following additional classification and labelling for OCF-formulations containing max. 20 wt% of MCCP:

• Under the DPD:
  20% ≥ C ≥ 1%        R53, R64

1,0% ≥ C ≥0,25%   R53

REMARKS

This position paper was prepared in autumn 2010. The Industry had to provide the layouts of the cans long time before. Hence the OCF canister on the market might be labelled not according to the given recommendation. Particularly the R53 could be missing as several companies labelled according to the toxicological interpretation. In order to avoid heterogenous labelling, the members commited themselves to harmonise by end of 2011 corresponding to this document.

November 26th 2010

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