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NORTH AMERICAN REGIONAL ACTION PLAN ON CHLORDANE
NORTH AMERICAN WORKING GROUP FOR THE
SOUND MANAGEMENT OF CHEMICALS TASK FORCE ON DDT AND CHLORDANE
June 1997
Table of Contents
1.0 Introduction
1.1 Objective
1.2 Guiding Principle
1.3 Rationale
2.0 Background
2.1 Canada
2.2 The United States
2.3 Mexico
3.0 Goal
4.0 Actions
4.1 Specific NARAP Actions for the Three Countries
4.2 Specific NARAP Actions for Mexico
1.0 Introduction
1.1 Objective
The objective of this North American Regional Action Plan (NARAP)
on chlordane is to reduce the exposure of humans and the environment
to chlordane through the phase-out of existing registered uses.
1.2 Guiding Principle
This NARAP supports:
- an integrated, cost-effective strategy for the control of
termites in Mexico that builds upon the knowledge and experience
gained in other jurisdictions;
- ongoing and new cooperative activities to achieve the goals
of Canada, Mexico, and the United States under this NARAP;
- partnerships with industry, public interest groups and international
organizations in Canada, Mexico and the United States for NARAP
implementation;
- a regional perspective that encourages involvement of other
Caribbean and Latin America countries and sharing experiences
with them; and
- participation in and building upon related global initiatives.
1.3 Rationale
Chlordane is a persistent pesticide that has, in the past, been
widely used for the control of insect pests in crops and forests,
as well as in domestic and industrial applications, including
the control of termites in wood and wood products. Chlordane is
a persistent, toxic, bioaccumulative substance that is transported
long distances through the atmosphere. The 114 member countries
of the Intergovernmental Forum on Chemical Safety (IFCS) agreed
that there was sufficient evidence to warrant international action
on Persistent Organic Pollutants (POPS), including chlordane (IFCS/Forum-II/97).
This was the basis for a decision of the Governing Council of
the United Nations Environment Programme (UNEP) (January 1997)
to the effect that a legally binding international instrument
for the control of POPs be developed. This NARAP is intended as
a basis for a coordinated, regional contribution to these international
initiatives.
Chlordane is no longer registered for use in Canada and the United
States and its use in Mexico is limited to urban applications
for the control of termites. The chemical is not manufactured
in Canada or Mexico, but only by a single manufacturer in the
United States which has indicated that it will cease production
of chlordane. The chlordane used in Mexico (approximately 45 tonnes
of technical product per year) is imported from the United States.
This NARAP was developed by the three Parties to the North American
Free Trade Agreement (NAFTA), working with the Secretariat of
the (North American) Commission for Environmental Cooperation
(CEC), in accordance with Resolution #95-05 on the Sound Management
of Chemicals which was agreed to by the Council of the CEC. It
could serve as a guide for action for other countries in Latin
America or in other regions and be supportive of global initiatives.
2.0 Background
2.1 Canada
Chlordane was first registered in Canada in 1949 for the control
of insect pests in crops and forests, as well as for domestic
and industrial applications. It was never manufactured in Canada.
In response to environmental and safety concerns, most uses of
chlordane were phased-out by the mid-1970s. In December 1985,
with the exception of its use to control subterranean termites
by licensed pesticide applicators, applications for the use of
chlordane were suspended. Even its use against termites was voluntarily
discontinued by the registrant in 1990, with the understanding
that the existing stock would be sold, used or disposed-of by
the end of 1995. After this date, any sale or use of chlordane
in Canada represents a violation of the Pest Control Products
Act.
Pesticides that are not legally registered in Canada are refused
entry and returned to the exporter. The Importation for Manufacturing
and Export Programme for Pest Control Products does not allow
for the importation of chlordane for the purposes of reformulation
and subsequent export. In addition, exports of chlordane would
be subject to notification according to the Canadian Environmental
Protection Act. No such notifications have been received.
The gradual restriction of the range of permitted uses of chlordane
was facilitated by the availability of alternatives that are safer
and effective, and less persistent. The phased reduction was also
important, in that it helped avoid the creation of a large-scale
disposal problem.
Provincial legislation provides additional regulatory powers to
control the transportation, storage, disposal and use of pest
control products, taking into account regional conditions and
concerns. Municipalities may also control aspects of pesticide
use and disposal.
Since the mid-1980s, programs have been set up at the provincial
and municipal level across Canada to collect hazardous wastes.
These programs generally include pesticides that are no longer
used, have been discontinued or are banned. Hazardous waste management
facilities handle the products according to federal and provincial
guidelines.
In most provinces, rural collection programs have been established
at different times specifically to collect pesticides that were
no longer being used. One example is that of the Ontario Ministry
of Agriculture and Food and Rural Affairs which in 1991-92 conducted
the Ontario Waste Agricultural Pesticide Collection Programme.
This effort was widely publicized and resulted in the collection
of approximately 293 kilograms of chlordane. A subsequent pilot
project (The Pesticide Disposal Pilot Project), for the disposal
of waste, registered and discontinued pesticide products, was
initiated in August 1995. As of August 1996 no chlordane had been
brought forward for disposal. Limited quantities (e.g., 2 kilograms)
of chlordane have been reported in municipal collections of Household
Hazardous Waste Collection programmes, though information on specific
chemicals is not available from all sites.
There are no maximum residue levels for chlordane in food commodities
in Canada. An action level of 0.1 ppm is in effect for residues
of chlordane in dairy products and meat and meat byproducts. This
level has been established based on monitoring information collected
on domestic and imported foods and is periodically revised as
new information becomes available.
2.2 The United States
There are no US registrations for chlordane, which means it cannot
be imported or used for pest control purposes. Regulatory actions
related to chlordane use in agriculture began in 1978, and by
1995 all registrations of other uses (including as a termiticide)
were terminated.
At present, the United States has no legislative authority to
prohibit the production or export of pesticides canceled from
US use for health or environmental reasons. However, chlordane
is now subject to the export notification requirements of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
which means that for each shipment, the manufacturer must obtain
a statement from the foreign purchaser, indicating the purchaser's
awareness that the product is not registered for use in the United
States. That statement is then transmitted by the EPA to the government
of the importing country.
The sole US manufacturer of chlordane and heptachlor, Velsicol
Chemical Corporation, has produced roughly 900 to 1300 tonnes
each year of these chemicals, nearly all for export. (Heptachlor
still has one registered use in the United States-for application
by authorized utility company personnel to control fire ants in
utility boxes.) However, in May 1997, Velsicol announced that
it had voluntarily ceased production of chlordane in the United
States and around the world. Velsicol has indicated to EPA that
it will comply with the voluntary prior informed consent procedure
implemented by FAO and UNEP, which stipulates that if an importing
country has canceled its registrations, and has indicated to the
FAO/UNEP Secretariat that it no longer wishes to receive future
imports of a chemical, the export of the product to that country
should not occur. EPA supports the principles of prior informed
consent and will encourage exporting industries to respect them.
No maximum residue levels for food commodities are in place, although
there are "action levels" for a variety of crops, most
of which do not exceed 0.1 ppm. (the action level in fish is 0.3
ppm.).
2.3 Mexico
Chlordane was originally introduced into Mexico, as in many other
countries, for extensive use in agriculture. Currently, however,
use of the pesticide is limited to termite control in certain
wood products.
From 1990 to 1996, a total of 212.8 tonnes of technical product
were imported from the United States, as shown in the following
table.
Chlordane Imports by Velsimex
Year Quantity (tonnes)
1992: 74.40
1993: 37.20
1994: 82.61
1995: 00.00
1996: 18.60
In 1973, chlordane was included among registered pesticides (as
a 50 percent technical ingredient) for its direct application
to soils. Reference was also made to twelve other formulations
in different percentages. In 1978, 31 formulations were registered
and permitted for use in Mexico to control pests in corn and sorghum
(with active ingredient concentrations ranging between 5 and 40
percent).
In 1988, chlordane was listed as a restricted pesticide. In 1989,
the first Official Catalogue of Pesticides, published by the Interministerial
Commission for the Control of Production and Use of Pesticides,
Fertilizers and Toxic Chemicals (Cicoplafest), mentioned that
"[chlordane] can only be applied under the supervision of
trained and authorized personnel." From 1992 until 1996 (the
date of the last publication of the Cicoplafest catalogue), the
only authorized use of chlordane was in "urban use"
for the control of termites in installations, structures, and
wood construction. Currently, "urban use" is defined
as "use in residential zones, ...[a] primary use being on
telephone poles." Product labels must include the statement
that the chemical can be applied only by authorized personnel
in urban areas.
In 1997, there remain nine registered uses of chlordane in Mexico:
one for technical grade chlordane and eight for the formulated
product in concentrations ranging between 380 and 500 g/l. Mexico
does not manufacture the active ingredient but chlordane formulations
are prepared in Mexico by one company. Of the 32 Mexican states,
only four (Nuevo Leon, Jalisco, Coahuila and Mexico), and the
Distrito Federal (Mexico City) are supplied with the formulated
product. The only company that has registered the technical product
stopped importation in early 1997 and has now completely depleted
its stocks.
3.0 Goal
Supported by Canada, Mexico, and the United States, chlordane
is one of the initial targets of the Sound Management of Chemicals
initiative under the North American Agreement for Environmental
Cooperation (NAAEC). Through the joint efforts of the three countries,
an effective control strategy for termites in Mexico will be identified
to phase-out existing registered uses of chlordane by 1998 and
assure that the substance is no longer released to the environment
in North America.
4.0 Actions
As a part of this NARAP, the Parties are committing to ongoing
cooperative activities and the yearly reporting of progress to
the North American Working Group for the Sound Management of Chemicals.
These reports will subsequently be made public and forwarded to
the Council of the Commission for Environmental Cooperation. The
Parties will also continue their commitment to the principles
of prior informed consent: i.e., if an importing country does
not consent to importation, the exporting country has the obligation
to inform the exporting industry of that decision and take appropriate
legislative and administrative measures to ensure that exportation
does not occur.
4.1 Specific NARAP Actions for the Three Countries
The three countries will take regulatory and administrative actions,
including the following:
- Once agreement has been reached on the international procedures
for prior informed consent, the United States will seek the necessary
legislative and administrative authority necessary to meet its
obligations under the agreement. In the interim, the the United
States will encourage industry to phase out voluntarily the production
of chlordane. In keeping with the principles of prior informed
consent, the United States will encourage industry to stop the
export of chlordane to Mexico when Mexico indicates that it has
cancelled chlordane registrations.
- Canada and the United States will work closely with Mexico
in providing available risk assessments for those alternatives
to chlordane (chemical and biological) identified as likely candidates.
In the longer term, ongoing efforts through the NAFTA Technical
Working Group on Pesticides will help strengthen the capabilities
of the Mexican authorities in the area of pesticide assessment
and management.
- Canada and the United States will continue to support hazardous
waste collection programs, at the federal, provincial or state
level, as appropriate, that include chlordane. The information
on how these programs are run will be shared with Mexico, which
in turn will administer its own hazardous waste collection programs.
- Canada, Mexico and the United States, by 1997, will publicly
report available data on the use, production, importation and
exportation of chlordane, and on any possible violations of domestic
regulations.
- Canada, Mexico and the United States and the CEC will continue
to cooperate within the framework of the Sound Management of Chemicals
initiative and the North American Working Group on the Sound Management
of Chemicals. This cooperation will benefit from the activities
of the NAFTA Technical Working Group on Pesticides to strengthen
information-sharing activitites and provide scientific advice
and support, as appropriate, on technical and regulatory issues.
- Canada, Mexico and the United States will work within the
existing international framework to reduce or phase out the use
of chlordane and share experience gained in the development and
implementation of the NARAP with other countries in Central America
and other regions.
- Canada, Mexico and the United States and the CEC, where new
and additional resources are required, will work cooperatively
to develop scientific and otherwise-detailed proposals for NARAP
initiatives and approach aid and technical cooperation agencies
for funding.
- Canada, Mexico and the United States will report annually
to the North American Working Group on the Sound Management of
Chemicals on the progress achieved under this NARAP.
4.2 Specific NARAP Actions for Mexico
Mexico will embark upon a three-phase regulatory program that
will include, but is not limited to:
(A) Phase I
- Development of an integrated control strategy: This strategy
will be embarked upon immediately and will be based upon an assessment
of the scope of current use of chlordane for termite control in
Mexico. This strategy will present a pesticide life-cycle analysis;
an identification and assessment of alternatives; the assessment
of their risk under the conditions of use, taking into account
health and environmental effects as well as costs; an estimate
of the market for alternatives; and governmental support for research.
Stakeholders, including occupationally exposed individuals, public
interest groups and representatives from industry, will be encouraged
to participate in the development of control strategies and in
the identification of effective, safer alternatives.
- Prohibition of Importation: Mexico has provisions in both
the Law of General Health and in the General Law of Ecological
Equilibrium and Environmental Protection to ban the importation
of a pesticide, the use of which is prohibited in the exporting
country. This authority extends to pesticides which represent
a risk to human health and the environment. The decision on chlordane
will be published in the Official Gazette of the Federation.
- As part of implementing prohibition measures, the following
steps will be taken:
a) Notification of customs authorities: Following the publication
of the decision to prohibit the importation of chlordane, customs
authorities will be officially notified.
b) Chlordane sales and use control: Limits will be set
on sales to authorized, trained personnel and restrictions regarding
their use or supervision of such will be enforced.
- Public information: Different means will be used to disseminate
information about the purpose and actions of this NARAP.
(B) Phase II (1997)
- Environmental monitoring and risk assessment: An environmental
monitoring and risk assessment plan will be designed and implementation
funding sought in order to establish a baseline geographical area
where chlordane has been used extensively (such as the states
of Nuevo Leon, Tamaulipas or Coahuila). This assessment program
will build on the experience and technical cooperation of Canada
and the United States.
- Monitoring of existing stocks: The continued reduction of
existing chlordane stocks will be monitored by distributors and
retailers, and reported to the Ministry of Health.
- Prohibition of the sale of technical ingredients: Sale of
the active ingredients for making chlordane will be prohibited
in September 1997.
(C) Phase III (1998)
- Cancellation of the registration: Under the authority of the
Law of General Health:
a) Prohition of formulation: In January 1998 the formulation
of chlordane will be prohibited .
b) Prohibition of use: In December 1998 the use of chlordane
will be prohibited.
c) Monitoring of existing stocks: The continued reduction
of existing stocks will be monitored by distributors and retailers
and reported to the Ministry of Health.
- Hazardous waste collection plan: If necessary, a waste collection
plan will be designed and implemented for the collection and destruction
of any stocks of chlordane remaining with authorized users.
- Notification to United Nations: The FAO/UNEP Secretariat responsible
for prior informed consent will be informed of the prohibition
of chlordane importation and the revocation of its registration
as soon as these decisions are effective.
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