Directive 98/8/EC concerning the placing biocidal products on the market Inclusion of active substances in Annex IA or I to Directive 98/8/EC Assessment Report NITROGEN Product-type 18 (Insecticides) 28 November 2008 Annex I and IA - IRELAND Nitrogen (PT 18) Assessment report (Doc I) Finalised in the Standing Committee on Biocidal Products at its meeting on 28 November 2008 in view of its inclusion in Annex I and IA to Directive 98/8/EC CONTENTS 1. STATEMENT OF SUBJECT MATTER AND PURPOSE ........................................4 1.1. Procedure followed ............................................................................................4 1.2. Purpose of the assessment report .......................................................................5 1.3. Overall conclusion in the context of Directive 98/8/EC....................................5 2. OVERALL SUMMARY AND CONCLUSIONS.......................................................6 2.1. Presentation of the Active Substance ................................................................6 2.1.1. Identity, Physico-Chemical Properties & Methods of Analysis .........6 2.1.2. Intended Uses and Efficacy .................................................................6 2.1.3. 2.1.2.1. Field of use envisaged / Function and organism(s) to be controlled .............................................................................6 2.1.2.2. Effects on target organisms..................................................6 2.1.2.3. Humaneness .........................................................................7 Classification and Labelling ................................................................7 2.2. Summary of the Risk Assessment......................................................................7 2.2.1. 2.2.2. 3. Human Health Risk Assessment..........................................................7 2.2.1.1. Hazard identification ...........................................................7 2.2.1.2. Effects assessment ...............................................................8 2.2.1.3. Exposure assessment............................................................9 2.2.1.4. Risk characterisation..........................................................10 Environmental Risk Assessment .......................................................11 2.2.2.1. Fate and distribution in the environment ...........................11 2.2.2.2. Effects assessment .............................................................12 2.2.2.3. PBT assessment .................................................................12 2.2.2.4. Exposure assessment..........................................................12 2.2.2.5. Risk characterisation..........................................................12 DECISION.................................................................................................................12 3.1. Background to the Decision.............................................................................12 3.2. Decision regarding Inclusion in Annex I and IA.............................................13 3.3. Elements to be taken into account by Member States when authorising products 14 3.4. Requirement for further information ...............................................................14 3.5. Updating this Assessment Report ....................................................................14 4. APPENDIX I IDENTITY, PHYSICO-CHEMICAL PROPERTIES.......................16 APPENDIX II: LIST OF ENDPOINTS ............................................................................17 Chapter 1: Identity, Physical and Chemical Properties, Classification and Labelling ..........................................................................................................17 Chapter 2: Methods of Analysis ..........................................................................20 Chapter 3: Impact on Human Health ...................................................................22 Chapter 4: Fate and Behaviour in the Environment ............................................25 Chapter 5: Effects on Non-target Species............................................................27 Chapter 6: Other End Points................................................................................30 Appendix IV: List of studies......................................................................................33 NITROGEN 1. Product-type 18 28 November 2008 STATEMENT OF SUBJECT MATTER AND PURPOSE 1.1. Procedure followed This assessment report has been established as a result of the evaluation of nitrogen as producttype 18 (insecticide), carried out in the context of the work programme for the review of existing active substances provided for in Article 16(2) of Directive 98/8/EC concerning the placing of biocidal products on the market1, with a view to the possible inclusion of this substance into Annex I or IA to the Directive. Nitrogen (CAS no. 7727-37-9) was notified as an existing active substance, by Rentokil Initial plc, hereafter referred to as the applicant, in product-type 18. Commission Regulation (EC) No 1451/2007 of 4 December 20072 lays down the detailed rules for the evaluation of dossiers and for the decision-making process in order to include or not an existing active substance into Annex I or IA to the Directive. In accordance with the provisions of Article 7(1) of that Regulation, Ireland was designated as Rapporteur Member State to carry out the assessment on the basis of the dossier submitted by the applicant. The deadline for submission of a complete dossier for nitrogen as an active substance in product-type 18 was 30 April 2006, in accordance with Article 9(2) of Regulation (EC) No 1451/2007. On 28 April 2006, the Irish competent authorities received a dossier from the applicant. The Rapporteur Member State accepted the dossier as complete for the purpose of the evaluation on 31 July 2007. On 13 November 2007, the Rapporteur Member State submitted, in accordance with the provisions of Article 14(4) and (6) of Regulation (EC) No 1451/2007, to the Commission and the applicant a copy of the evaluation report, hereafter referred to as the competent authority report. The Commission made the report available to all Member States by electronic means on 13 November 2007. The competent authority report included a recommendation for the inclusion of nitrogen in Annex I and IA to the Directive for product-type 18. In accordance with Article 16 of Regulation (EC) No 1451/2007, the Commission made the competent authority report publicly available by electronic means on 13 November 2007. This report did not include such information that was to be treated as confidential in accordance with Article 19 of Directive 98/8/EC. In order to review the competent authority report and the comments received on it, consultations of technical experts from all Member States (peer review) were organised by the 1 Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing biocidal products on the market. OJ L 123, 24.4.98, p.1 2 Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market. OJ L 325, 11.12.2007, p. 3 NITROGEN Product-type 18 28 November 2008 Commission. Revisions agreed upon were presented at technical and competent authority meetings and the competent authority report was amended accordingly. On the basis of the final competent authority report, the Commission proposed the inclusion of nitrogen in Annex I and IA to Directive 98/8/EC and consulted the Standing Committee on Biocidal Product on 28 November 2008. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the present assessment report contains the conclusions of the Standing Committee on Biocidal Products, as finalised during its meeting held on 28 November 2008. 1.2. Purpose of the assessment report This assessment report has been developed and finalised in support of the decision to include nitrogen in Annex I and IA to Directive 98/8/EC for product-type 18. The aim of the assessment report is to facilitate the authorisation and registration in Member States of individual biocidal products in product-type 18 that contain nitrogen. In their evaluation, Member States shall apply the provisions of Directive 98/8/EC, in particular the provisions of Article 5 as well as the common principles laid down in Annex VI. For the implementation of the common principles of Annex VI, the content and conclusions of this assessment report, which is available at the Commission website3, shall be taken into account. However, where conclusions of this assessment report are based on data protected under the provisions of Directive 98/8/EC, such conclusions may not be used to the benefit of another applicant, unless access to these data has been granted. 1.3. Overall conclusion in the context of Directive 98/8/EC The overall conclusion from the evaluation is that it may be expected that there are products containing nitrogen for the product-type 18, which will fulfil the requirements laid down in Article 5 of Directive 98/8/EC. This conclusion is however subject to: i. compliance with the particular requirements in the following sections of this assessment report, ii. the implementation of the provisions of Article 5(1) of Directive 98/8/EC, and iii. the common principles laid down in Annex VI to Directive 98/8/EC. Furthermore, these conclusions were reached within the framework of the uses that were proposed and supported by the applicant (see Appendix II). Extension of the use pattern beyond those described will require an evaluation at product authorisation level in order to 3 http://ec.europa.eu/comm/environment/biocides/index.htm NITROGEN Product-type 18 28 November 2008 establish whether the proposed extensions of use will satisfy the requirements of Article 5(1) and of the common principles laid down in Annex VI to Directive 98/8/EC. 2. OVERALL SUMMARY AND CONCLUSIONS 2.1. 2.1.1. Presentation of the Active Substance Identity, Physico-Chemical Properties & Methods of Analysis An acceptable method of analysis for the determination of the active substance as manufactured has been provided. Analytical methods in the environmental matrices have not been submitted since it has been shown that there is no mechanism for nitrogen to be released directly into the aquatic or terrestrial compartments, under normal conditions of use. The nitrogen released to the air compartment cannot be differentiated from atmospheric nitrogen. In any case the nitrogen used, as a biocide will have been extracted from the atmosphere during manufacture without being chemically changed, in any way (except physical state), and then released back to the atmosphere. 2.1.2. 2.1.2.1. controlled Intended Uses and Efficacy Field of use envisaged / Function and organism(s) to be Nitrogen is a broad-spectrum insecticide for the eradication of stored product pests, wooddestroying insects, textile pests and other arthropods. Nitrogen is used for control of arthropod pests that affect commodities, such as; museum artefacts (wooden items, textiles, etc), stored foods, machinery, etc. It is particularly important for very high value commodities such as certain museum artefacts, which may be adversely affected by other fumigants. While normally treatment of wooden artefacts (frames of “old masters”) would require PT8 inclusion, it seems appropriate to limit the inclusion to PT18 on account of the limited and specialised use of nitrogen In addition, in order to facilitate the work of Member States in granting or reviewing Authorisations/registrations, and to apply adequately the provisions of Article 5(1) of Directive 98/8/EC and the common principles laid down in Annex VI of that Directive, the intended uses of the substance, as identified during the evaluation process, are listed in Appendix II. 2.1.2.2. Effects on target organisms It is established that 100% mortality was achieved after eleven days at 11-19°C and 50-66% RH for T. pellionella and A. verbasci. This is consistent with published data. Data will be required against other target species at product authorisation The mode of action of nitrogen is through the exclusion of oxygen which the target insects require for respiration, and not through any direct effect on the insect's physiology. Given this NITROGEN Product-type 18 28 November 2008 mode of action, it is highly unlikely that the target insects would be able to develop a mechanism for resistance 2.1.2.3. Humaneness The question of humanness is not an issue as the target organisms are all classified ad arthropods. 2.1.3. Classification and Labelling Nitrogen does not classify on basis of study results from studies presented in the dossier and in accordance with the principles detailed in Annex VI of Council Directive 67/548/EEC (with amendments and adaptations). 2.2. 2.2.1. 2.2.1.1. Summary of the Risk Assessment Human Health Risk Assessment Hazard identification Nitrogen is an inert substance and does not exert a direct toxicological effect. Nitrogen acts by the physiological effect of simple asphyxia on the target species within a Controlled Atmosphere Treatment (CAT) bubble. The biocide action of nitrogen is due to its displacement of oxygen from an atmospheric oxygen level of 20.8% to levels < 0.2% v/v in the CAT bubble. The level of oxygen is the critical factor. Victims exposed to atmospheres deficient in oxygen, i.e. <19%, will begin to display signs and symptoms of oxygen-deficient exposure of air due to an increase in nitrogen. In this dossier, a justification for non-submission of data was provided for all of the toxicological endpoints. The following points justified the waivers provided: Nitrogen forms 78.1% v/v of the earth’s atmosphere and all non-aquatic life on earth is constantly exposed to an atmosphere containing 78.1% v/v nitrogen gas for their entire life cycle. This demonstrates that atmospheric levels of nitrogen do not exhibit any adverse toxicological, metabolic or environmental effects. The principle route of exposure for the use of nitrogen as a biocide is by the inhalation route. It should be noted that there is not a significant difference in the concentration of nitrogen between inhaled and exhaled human breath. Therefore, the human body absorbs an insignificant amount of nitrogen. It was not technically feasible to measure acute oral or dermal toxicity, skin or eye irritation or skin sensitisation of a gas, as there are no approved guidelines. It is scientifically unjustified to measure acute toxicity by the inhalation route for nitrogen, since it is inert and not intrinsically hazardous. Based on available information on nitrogen, mainly its expected use, its safe history as a food additive and its essential role in the human body there is reasonable certainty of no harm being caused from exposure to nitrogen. NITROGEN Product-type 18 28 November 2008 The exposure to an atmosphere containing very high levels of nitrogen could result in asphyxiation through displacement of oxygen. It is appropriate to address the issues relating to exposure levels of concern of nitrogen through appropriate structure related, engineering and workplace administrative controls, use of necessary protective equipment, the securing of the integrity of the CAT bubble and provision and operating of oxygen level monitoring systems in a strictly restricted area of pre-determined suitable size such that only authorised fumigation personnel can enter. Based on information including; the negligible exposure and health risk posed under normal circumstances and appropriate structure related, engineering and workplace administrative controls including specific operator training in the hazards of inert gases, implementation of safe working practices and safe systems of work to avoid asphyxiation, the availability of personal protective equipment and emergency procedures, it is concluded exposure to nitrogen during this transfer process is being duly considered and the health risk is minimised to the required level. Consequently, the justifications provided for non-submission of data are accepted. 2.2.1.2. Effects assessment Nitrogen gas is an inert substance and is present in the atmosphere at a level of 78.1%. It does not exhibit a direct toxicological effect and has no toxicological profile. It acts by simple asphyxia. If the level of nitrogen increases, this will lead to a reduction in the level of oxygen to below normal atmospheric levels of 20.8%. Therefore, the level of oxygen is the critical factor. Any depletion of oxygen below 20.8% must be treated with concern. 19% oxygen concentration is currently considered to be the safe working limit in the UK and below this level the atmosphere is considered to oxygen deficient. The situation is considered hazardous as soon as the oxygen concentration is less than 19%. Effects can be observed in humans in an oxygen deficient atmosphere as follows: from decreased ability to work strenuously and impaired coordination at 15-19.5% oxygen content, to deeper respiration, increased pulse rate and impaired coordination, perception and judgement at 12–15.0% oxygen concentration. There is a further increase in the rate and depth of respiration, an increase in pulse rate and performance failure and poor judgement at 10-12%. The self-rescue threshold is set at 10% v/v oxygen. This level of oxygen gives the person about 10 minutes to leave the affected area. After which the person begins to suffer with the effects of hypoxia and will be unlikely to be able to self-rescue. However, it is extremely unlikely that this level of oxygen will be fatal or have any lasting effects even if the person remains in the affected atmosphere for several hours. The risk of death due to asphyxia hugely increases at an oxygen concentration below 10%, with recovery of a victim depending on the length of exposure in the oxygen deficient atmosphere and the proportion of oxygen present at the time. Mental failure, nausea, fainting and unconsciousness occur at 8.0-10.0% concentration. Eight minutes exposure to 6-8% oxygen levels may be fatal in 50-100% of exposures and six minutes exposure to 6-8% oxygen levels may be fatal in 25-50% of cases. Recovery after treatment can occur after four to five minutes exposure to 6-8% oxygen levels. NITROGEN Product-type 18 28 November 2008 At 4.0–6.0% oxygen immediate loss of consciousness occurs if exposure is not stopped rapidly. The effects are coma in 40 seconds, with convulsions and death. Oxygen depletion in the body is rapid and inhalation of only 2 breaths of >94% nitrogen can cause sudden loss of consciousness and death. The asphyxiating effect of inert gases takes place without any preliminary sign that could alert a victim and the speed of the onset of effects is dictated by the oxygen concentration. 2.2.1.3. Exposure assessment Professional users are not exposed to an oxygen deficient atmosphere under the normal conditions of use of nitrogen as a biocide. However, after the Controlled Atmosphere Treatment (CAT) bubble is set-up and its integrity is established and checked, a number of tasks are identified that have potential for exposure to an oxygen deficient atmosphere and these tasks require necessary controls to be in place to ensure operator safety. These tasks, carried out by the professional user, have potential for operator exposure and are as follows: Initial refilling of the CAT bubble to achieve suitably low concentration levels of oxygen and suitably high nitrogen concentration levels. - Refilling during the treatment phase to maintain oxygen and nitrogen levels as required. The introduction of oxygen scavengers. (moist iron (ferrous) oxide and potassium chloride) - Oxygen monitoring during treatment. - Bubble venting at the end of the treatment phase. The atmosphere within the CAT bubble, under normal conditions, will be slightly lower than ambient atmospheric pressure. This means that normal atmosphere is likely to flow into the bubble, rather than bubble atmosphere flowing out. The pressure inside the bubble would need to be considerably greater than ambient atmospheric pressure for a significant volume of bubble atmosphere to vent at the cut site. Therefore primary human exposure to an oxygen deficient atmosphere as a result of the use of oxygen scavengers is extremely unlikely to occur. This is mitigated by the fact that it is unlikely that a significant amount of the bubble atmosphere will escape The controls required include appropriate structure, engineering and workplace administrative controls. The professional user must have specific operator training in the hazards of inert gases. In addition, the implementation of safe working practices, safe systems of work including a permit to work and air monitoring in the closed environment must be in place to ensure minimum risk. In addition, the availability of personal protective equipment if required is essential. It is concluded exposure to nitrogen is being duly considered and the health risk is minimised to the required level if all the necessary procedures, controls and equipment are in place. NITROGEN Product-type 18 28 November 2008 Bystanders are not exposed to an oxygen deficient atmosphere under the normal conditions of use of nitrogen as a biocide. The tasks where there is potential for bystander exposure to an oxygen deficient atmosphere were identified and these tasks are as follows: - Initial refilling of the CAT bubble to achieve suitably low concentration levels of oxygen and suitably high nitrogen concentration levels. - Refilling during the treatment phase to maintain oxygen and nitrogen levels as required. - CAT bubble venting at the end of the treatment phase. Incidental bystander exposure comprises people who may enter a fumigation risk area without authority at the steps along the fumigation process where there is potential for exposure to an oxygen deficient atmosphere. It is required that appropriate measures to protect bystanders during fumigation and venting of treated areas are put in place. To do this it is required to put appropriate controls in place to avoid this scenario including implementation of safe working practices and safe systems of work to avoid asphyxiation is essential. It is concluded exposure to nitrogen is being duly considered and the health risk is minimised to the required level if all the necessary procedures and controls are in place. 2.2.1.4. Risk characterisation Professional users are not exposed to an oxygen deficient atmosphere under the normal conditions of use of nitrogen as a biocide. The risk assessment shows that even in a worst-case scenario, where professional users may be exposed to an oxygen deficient atmosphere, the self-rescue threshold of 10% v/v oxygen will not be breached provided that the room is at least 2 times the volume of the CAT bubble. A margin of safety of 2 is deduced between the normal atmospheric oxygen levels and the selfrescue oxygen threshold of 10%. This margin of safety is small, however for the following number of reasons it is concluded that the dangers of exposure and the health risk is minimised to the required level: - A number of necessary and appropriate workplace administrative, structure related and engineering controls are required to be in place to ensure safety. - Professional users must be specifically trained in the hazards of using inert gases, in the implementation of safe working practices, emergency procedures and safe systems of work including a permit to work. This level of training and use of procedures will ensure that any risk is minimised to appropriate levels. - A Controlled Atmosphere Treatment (CAT) is conducted in an area that is secured such that only authorised personnel trained in the use of nitrogen as a fumigant can enter and gaining access to this room is strictly restricted. This means systems are in place, which aim to prevent non-professionals who are not aware of the risks or safety procedures associated, enter the fumigation risk area. The fumigation risk area is monitored for oxygen levels with visual and audible alarms, which indicate if the oxygen levels fall below 19% v/v. NITROGEN Product-type 18 28 November 2008 The area around the CAT bubble is defined, in terms of the rooms dimensions it is contained within and is called the fumigation risk area. The fumigation risk area must be at least two times the volume of the CAT bubble. From this information, the professional user will be fully aware of the possibility of the time it would take for the room to drop to the selfrescue oxygen threshold of 10% in a worst case-scenario. This information will form an important part of the emergency procedure. The fumigation risk area is required to have good ventilation to the open air. Even though ventilation may be difficult to characterise, it increases the possibility of preventing the oxygen concentration in the atmosphere falling below the self-rescue threshold, although to what extent may be difficult to define. Taking these factors into account, the use of nitrogen as a fumigant insecticide by trained Rentokil Initial operatives does not present an adverse inhalation risk. If all of the above procedures, controls and measures are in place it is concluded that exposure to nitrogen is being duly considered and the health risk is minimised to the required level. Secondary exposure to bystanders is expected to be even lower than that of professional users. In a worst-case scenario, both risks might be comparable. 2.2.2. 2.2.2.1. Environmental Risk Assessment Fate and distribution in the environment This product (PT18) is intended for use as an insecticidal fumigant. Acceptable waivers have been submitted for all compartments on the basis that nitrogen occurs naturally in the environment comprising 78.1 %v/v in the atmosphere. The nitrogen cycle is well understood in each environmental compartment. Nitrogen is not intrinsically hazardous under ambient conditions; it is not classified as hazardous according to EC Directive 67/548/EEC. The formulation, Nitrogen Controlled Atmosphere Treatment (NCAT), contains 99.8% v/v nitrogen as a colourless and odourless fumigant that is applied in a sealed fumigation containment area by professional applicators. Nitrogen acts by simple asphyxia to kill the target pests by reducing oxygen content to less than 0.2% v/v oxygen in the sealed treatment area (hypoxic atmosphere). Following use of the NCAT formulation the nitrogen in the sealed fumigation area will be vented to the atmosphere, where it will be rapidly dissipated from the immediate area. Nitrogen is only sparingly soluble in fresh water: 0.00216% w/w at 15°C. It is also only sparingly soluble in seawater: 15.1285 mL of N2 per L of seawater at 5°C. Considering that the atmosphere above any water body or land mass is 78.1% v/v nitrogen it is unlikely that increased levels of nitrogen will be observed in aquatic/terrestrial systems since atmospheric nitrogen levels will not be influenced by nitrogen use as a biocide. Even if nitrogen were to be released directly into soil or sediment, it will attain equilibrium within the air spaces by passive diffusion after a short time. Nitrogen, when bubbled through water, will only displace oxygen if forced through the water under pressure; this will not happen from the normal use of nitrogen as a biocide. NITROGEN Product-type 18 28 November 2008 The nitrogen from the controlled atmosphere containment area will be vented to atmosphere. Therefore, the use of nitrogen as a biocide will never elevate levels beyond normal environmental ranges. Therefore PEC values were set to zero by environmental fate and behaviour for all compartments. Nitrogen does not have any intrinsic properties that suggest it will bioaccumulate in the environment. In addition, nitrogen is not classified as hazardous to health according to EC Directive 67/548/EEC, nor is there any indications of toxicity such as endocrine disruption. There are no additives, solvents or other non-active substances present, which will affect the ecotoxicological profile of nitrogen. 2.2.2.2. Effects assessment Not applicable 2.2.2.3. PBT assessment Not applicable 2.2.2.4. Exposure assessment Not applicable 2.2.2.5. Risk characterisation The toxicity profile of nitrogen, coupled with the fact that it is ubiquitous and unlikely to accumulate in the environment, means that there is no risk of secondary poisoning. Given the level of exposure expected in all environmental compartments from the use of nitrogen as a biocide (PT18) and its intrinsic characteristics and ubiquitous distribution in the environment, it is considered that there is no risk to the environment and safe uses of the NCAT product are identified 1.1.1. List of endpoints In order to facilitate the work of Member States in granting or reviewing authorisations, and to apply adequately the provisions of Article 5(1) of Directive 98/8/EC and the common principles laid down in Annex VI of that Directive, the most important endpoints, as identified during the evaluation process, are listed in Appendix II. 3. 3.1. DECISION Background to the Decision The applicant has submitted the nitrogen dossier for its use as an insecticide for Nitrogen Controlled Atmosphere Treatment. The product acts as a fumigation system. Nitrogen acts by simple asphyxia, to kill the target pests. Nitrogen is used to replace the majority of the oxygen in the controlled atmosphere containment area. NITROGEN Product-type 18 28 November 2008 There are two types of controlled atmosphere treatment (CAT) bubble that can be used: The permanent bubble: These typically range from 3m3 to 30m3. They are constructed from plastic coated aluminium. The single use bubble: These are constructed around the artefacts that require treatment and can therefore be any size. However, they typically range from 3m3 – 30m3. They are constructed from sheets of plastic coated aluminium that are heat-sealed together in situ. Nitrogen is used for control of arthropod pests that affect commodities, such as; museum artefacts (wooden items, textiles, etc), stored foods, machinery, etc. It is particularly important for very high value commodities such as certain museum artefacts, which may be adversely affected by other fumigants. While normally treatment of wooden artefacts (frames of “old masters”) would require PT8 inclusion, it seems appropriate to limit the inclusion to PT18 on account of the limited and specialised use of nitrogen. The evaluation of the dossier led to the following conclusions concerning nitrogen as insecticide: The active substance has a minimum specification of ≥ 99.99% w/w nitrogen. There is no concern regarding the physico-chemical properties. In its use as an insecticide, nitrogen is presented as a ready-to-use fumigant insecticide, at a concentration of 99.8% v/v. In its application as an insecticide, submitted studies have demonstrated a sufficient degree of efficacy against the target organisms. The biocidal action of nitrogen is to replace the majority of the oxygen in the controlled atmosphere containment area. Nitrogen is an inert substance and does not exert a direct toxicological effect. The level of oxygen is the critical factor. Given the effectively zero level of exposure expected in all environmental compartments from the use of nitrogen as a pesticide (PT18), it is considered that there is no risk to the environment and safe uses of the NCAT product are identified. No classification and labelling is proposed for nitrogen, given the lack of critical endpoints in terms of adverse effects on health and environment, and of physico-chemical properties. 3.2. Decision regarding Inclusion in Annex I and IA An inclusion to Annex I is recommended for nitrogen as an active substance in insecticides, product-type 18, and is subject to the following requirements according to Article 10 (2): 1. The minimum degree of purity for Nitrogen is 99.99 % (v/v). 2. The demonstrated target species are insects and other relevant target arthropods. NITROGEN Product-type 18 28 November 2008 3. Product may only be sold to and used by professionals trained to use them. Safe working practices and safe systems of work must be in place to ensure minimum risk, including the availability of personal protective equipment if necessary. 4. A Controlled Atmosphere Treatment (CAT) is conducted in an area that is secured such that only authorised personnel trained in the use of nitrogen as a fumigant can enter and gaining access to this room is strictly restricted. Prior to undertaking any fumigation with nitrogen, a risk assessment is undertaken, and part of this process defines both the “fumigation area” and “risk area”. The “fumigation area” is defined as the area taken up with the fumigation bubble itself as this defines the actual space that contains the infested articles/artefacts that are to be fumigated. The “risk area” is the area that, after appropriate consideration, is considered at risk of harmful oxygen depletion following nitrogen escape should there be a failure of the fumigation process. 5. The fumigation risk area is monitored for oxygen levels with visual and audible alarms, which indicate if the oxygen levels fall below 19% v/v. 6. A visual and audible alarm is to be worn on the operators PPE. The operator must also be equipped with an escape SCBA to allow safe evacuation from the risk area, if necessary. 3.3. Elements to be taken into account by Member States when authorising products 3.4. 1 The purity of the active substance submitted in the dossier is > 99.99 % (v/v). The conclusions have been derived on the basis of the risk assessment carried out with this value. 2 The applicant supported use strictly restricted to professionals 3 For forthcoming product dossiers, Members States shall consider the need of further information in terms of nitrogen content and device (bubble) characterisation and the introduction of oxygen scavengers. Requirement for further information There are no outstanding information requirements. 3.5. Updating this Assessment Report This assessment report may need to be updated periodically in order to take account of scientific developments and results from the examination of any of the information referred to NITROGEN Product-type 18 28 November 2008 in Articles 7, 10.4 and 14 of Directive 98/8/EC. Such adaptations will be examined and finalised in connection with any amendment of the conditions for the inclusion of nitrogen in Annex I and IA to the Directive. NITROGEN 4. Product-type 18 28 November 2008 APPENDIX I IDENTITY, PHYSICO-CHEMICAL PROPERTIES CAS No. 7727-37-9 EINECS No. 231-783-9 III-A2 Common name: Nitrogen Synonyms: Dinitrogen, diatomic nitrogen, diazyne. Molecular formula: N2 Purity: ≥ 99.99% w/w nitrogen, Structural formula: N≡N Molecular mass: 28.01 g/mol Nitrogen is a colourless gas with no discernible odour. Nitrogen has a melting point of -210°C and a boiling point of –195.8°C. Nitrogen is only sparingly soluble in water and has a water solubility of 0.00216% w/w at 15°C. Nitrogen is thermodynamically stable. Nitrogen is an inert molecule and only reacts, under ambient conditions, in the presence of a catalyst (e.g. lighting, nitrogen fixing bacteria, etc). Nitrogen is not known to be incompatible with any specific packaging material. Nitrogen is not considered to be flammable, explosive or oxidising. Nitrogen does not classify from a phys.chem. point of view. NITROGEN Product-type 18 28 November 2008 APPENDIX II: LIST OF ENDPOINTS Chapter 1: Labelling Identity, Physical and Chemical Properties, Classification and Active substance (ISO Common Name) Nitrogen Product-type 18 Identity Chemical name (IUPAC) Nitrogen Chemical name (CA) Nitrogen CAS No 7727-37-9 EC No 231-783-9 Other substance No. None known. Minimum purity of the active substance as manufactured (g/kg or g/l) 999 g/kg Identity of relevant impurities and additives (substances of concern) in the active substance as manufactured (g/kg) There are no impurities present at 1 g/kg or higher. There are not additives present. Molecular formula N2 Molecular mass 28.01 g/mol Structural formula N≡N (Smiles code) NITROGEN Product-type 18 28 November 2008 Physical and chemical properties Melting point (state purity) -210°C (not reported) Boiling point (state purity) -195.8˚C (not reported) Temperature of decomposition Not applicable. Appearance (state purity) Colourless, odourless gas (not reported) Relative density (state purity) Relative density = 0.967 Surface tension Not applicable. Vapour pressure (in Pa, state temperature) Not applicable. Henry’s law constant (Pa m3 mol -1) Not applicable. Solubility in water (g/l or mg/l, state temperature) 0.00216% w/w (at 15°C) Solubility in organic solvents (in g/l or mg/l, state temperature) Methanol: 0.02371% w/w (at 10°C) Hexane: 0.04460% w/w (at 10°C) Stability in organic solvents used in biocidal products including relevant breakdown products Not applicable. There are no organic solvents used in the manufacture of the representative product Nitrogen Controlled Atmosphere Treatment. Partition coefficient (log POW) (state temperature) Log Pow = 8.08 (ca. 25°C, isobutanol and water) Log Pow = 4.66 (ca. 25°C, olive oil and water) Hydrolytic stability temperature) (DT50) (state pH and Not applicable. Dissociation constant The water solubility of nitrogen has been determined (refer to Document IIIA, Section 3.5 Solubility in water). The dissociation constant should only be determined if water solubility cannot be measured (see Document IIIA section 3.6). UV/VIS absorption (max.) (if absorption > 290 nm state ε at wavelength) 113 nm NITROGEN Product-type 18 28 November 2008 Photostability (DT50) (aqueous, sunlight, state pH) Not applicable due to UV absorption maxima. Document IIIA section 7.1.1.1.2 for justification. Quantum yield of direct phototransformation in water at Σ > 290 nm Not applicable. Flammability Not flammable. Explosive properties Not explosive. See NITROGEN Product-type 18 28 November 2008 Classification and proposed labelling with regard to physical/chemical data Not classified as hazardous. with regard to toxicological data with regard to fate and behaviour data with regard to ecotoxicological data Chapter 2: Methods of Analysis Analytical methods for the active substance Technical active substance (principle of method) It is not possible to detect nitrogen gas itself. The method of analysis for the nitrogen gas extracted from the atmosphere determines the levels of impurities (oxygen, carbon monoxide, carbon dioxide, total hydrocarbons and water), the balance must be nitrogen. This gives a minimum purity of nitrogen gas of at least 99.9968% v/v. Impurities in technical active substance (principle of method) Not applicable. There are no additives present in nitrogen. There are no impurities present in nitrogen above the concentration limit of 1g/kg, and no impurities of toxicological or ecotoxicological significance present below the concentration limit of 1g/kg. Analytical methods for residues Soil (principle of method and LOQ) Not applicable. There is no mechanism for nitrogen to be released directly into soil from normal use as a biocide. The use of nitrogen as a biocide will not never elevate the levels of nitrogen beyond normal atmospheric ranges. Air (principle of method and LOQ) Please refer to “Technical active substance (principle of method) (Annex IIA, point 4.1) above. It is not possible to differentiate between the nitrogen gas used as a biocide and atmospheric nitrogen. Water (principle of method and LOQ) Not applicable. There is no mechanism for nitrogen to be released directly into water from normal use as a biocide. The use of nitrogen as a biocide will never elevate the levels of nitrogen beyond normal atmospheric ranges. Body fluids and tissues (principle of method and LOQ) No analytical method has been submitted for body fluids. A method is only required when the active substance is classified as toxic or highly toxic. Nitrogen is not classified as such according to EC Directive 67/548/EEC, and therefore it is not necessary to submit an analytical method to detect nitrogen residues in animal and human body fluid and tissues. Food/feed of plant origin (principle of method and LOQ for methods for monitoring purposes) Not applicable. The use of nitrogen as a biocide will never increase the levels of nitrogen beyond normal atmospheric ranges. It is not possible to differentiate between the nitrogen gas used as a biocide and atmospheric nitrogen. NITROGEN Product-type 18 Food/feed of animal origin (principle of method and LOQ for methods for monitoring purposes) 28 November 2008 Not applicable. The use of nitrogen as a biocide will never increase the levels of nitrogen beyond normal atmospheric ranges. It is not possible to differentiate between the nitrogen gas used as a biocide and atmospheric nitrogen. NITROGEN Chapter 3: Product-type 18 28 November 2008 Impact on Human Health Absorption, distribution, metabolism and excretion in mammals Rate and extent of oral absorption: Not applicable, nitrogen is a gas. Rate and extent of dermal absorption: Not applicable, nitrogen is a gas. Distribution: The principle route of exposure to nitrogen is via the inhalation route. The concentration of nitrogen between inhaled and exhaled human breath is not significantly different. Also, nitrogen is only sparingly soluble in water. Therefore an insignificant amount of nitrogen is absorbed into the human body. Potential for accumulation: There is no data available to suggest that nitrogen has the potential to accumulate in the human body. Rate and extent of excretion: Not applicable, nitrogen is only sparingly soluble in water and an insignificant amount is absorbed into the human body. Toxicologically significant metabolite(s) Not applicable. No toxicologically significant metabolites arise form the metabolism of nitrogen. Acute toxicity Rat LD50 oral Not applicable, nitrogen is a gas. Rat LD50 dermal Not applicable, nitrogen is a gas. Rat LC50 inhalation Not applicable. Nitrogen acts by simple asphyxia and is inert and not intrinsically hazardous. Skin irritation Not applicable, nitrogen is a gas. Eye irritation Not applicable, nitrogen is a gas. Skin sensitization (No test method used and no result) Not applicable, nitrogen is a gas. Repeated dose toxicity Species/ target / critical effect Not applicable. Nitrogen acts by simple asphyxia and is inert and not intrinsically hazardous. Lowest relevant oral NOAEL / LOAEL Not applicable. Nitrogen acts by simple asphyxia and is inert and not intrinsically hazardous. Lowest relevant dermal NOAEL / LOAEL Not applicable. Nitrogen acts by simple asphyxia and is inert and not intrinsically hazardous. NITROGEN Product-type 18 28 November 2008 Lowest relevant inhalation NOAEL / LOAEL Not applicable. Nitrogen acts by simple asphyxia and is inert and not intrinsically hazardous. Genotoxicity In vitro gene mutation study in bacteria Not applicable, nitrogen is inert and not intrinsically hazardous. In vitro cytogenicity study in mammalian cells Not applicable, nitrogen is inert and not intrinsically hazardous. In vivo mammalian cytogenetic test in cells other than bone marrow Not applicable, nitrogen is inert and not intrinsically hazardous. Carcinogenicity Species/type of tumour Not applicable, nitrogen is inert and not intrinsically hazardous. Lowest dose with tumours Not applicable, nitrogen is inert and not intrinsically hazardous. Reproductive toxicity Species/ Reproduction target / critical effect Not applicable, nitrogen is inert and not intrinsica hazardous. Lowest relevant reproductive NOAEL / LOAEL Not applicable, nitrogen is inert and not intrinsica hazardous. Species/Developmental target / critical effect Not applicable, nitrogen is inert and not intrinsically hazardous. Developmental toxicity Lowest relevant developmental NOAEL / LOAEL Not applicable, nitrogen is inert and not intrinsically hazardous. Neurotoxicity / Delayed neurotoxicity Species/ target/critical effect Not applicable, nitrogen is inert and not intrinsically hazardous. Lowest relevant developmental NOAEL / LOAEL. Not applicable, nitrogen is inert and not intrinsically NITROGEN Product-type 18 28 November 2008 hazardous. Other toxicological studies ............................................................................... Not applicable, nitrogen is inert and not intrinsically hazardous. Medical data ............................................................................... Not applicable, nitrogen is inert and not intrinsically hazardous. The atmosphere already contains 78.1% v/v nitrogen, all non-aquatic life on Earth is constantly exposed to nitrogen gas for their entire life cycle. Summary Value Non-professional user - ADI (acceptable daily intake, external long-term reference dose) Not applicable, no residues left after treatment. Nitrogen is exempt from EPA food residue tolerance on all raw agricultural commodities. Nitrogen is a Permitted Miscellaneous Additive in Foods (Serial No. E941) without stated limits. AOEL-S (Operator Exposure) Not applicable. The critical factor is the level of oxygen in the atmosphere. Workers must evacuate the fumigation risk area if the oxygen monitoring devices detect an oxygen deficient atmosphere, ie. one with less than 19% v/v oxygen. ARfD (acute reference dose) Not applicable, as not intended to be applied in water. Professional user - Reference value for inhalation (proposed OEL) - Reference value for dermal absorption - Study Safety factor NITROGEN Product-type 18 28 November 2008 Acceptable exposure scenarios (including method of calculation) Professional users Under normal conditions of use, there will not be exposure to an oxygen deficient atmosphere (<19% v/v oxygen). However, the worst-case exposure scenario shows that a closed room containing a CAT bubble would need to be at least 2 times the volume of the CAT bubble for the oxygen concentration to drop to the self-rescue threshold of 10% v/v oxygen. This gives a Margin Of Safety of 2.08. Since the room containing a CAT bubble must have either natural or forced ventilation, this will significantly increase the MOS. For full details, please refer to Document IIC section 12.2.2.3 Production of active substance: - Formulation of biocidal product - Intended uses - Secondary exposure - Non-professional users Not applicable. The representative product, Nitrogen Controlled Atmosphere Treatment, is for professional use only. Indirect exposure as a result of use Under normal conditions of use, there will not be exposure to an oxygen deficient atmosphere (<19% v/v oxygen). Bystanders will be excluded from the treatment area. For full details, please refer to Document IIC section 12.3 Chapter 4: Fate and Behaviour in the Environment Route and rate of degradation in water Hydrolysis of active substance and relevant metabolites (DT50) (state pH and temperature) Not applicable, nitrogen is hydrolytically stable. Photolytic / photo-oxidative degradation of active substance and resulting relevant metabolites. Not applicable. Readily biodegradable (yes/no) No. Biodegradation in seawater Nitrogen is not intended for use or released to the marine environment. Non-extractable residues Not applicable, nitrogen is not intended to be used or released to the aquatic environment. NITROGEN Product-type 18 28 November 2008 Distribution in water / sediment systems (active substance) Not applicable, nitrogen is not intended to be used or released to the aquatic environment. Distribution (metabolites) Not applicable, nitrogen is not intended to be used or released to the aquatic environment. in water/sediment systems Route and rate of degradation in soil Mineralisation (aerobic) Data on fate and behaviour in soil is not required as nitrogen is not intended to be used or released directly to the soil, therefore these studies are not required. The data end points for ready biodegradability (Document IIIA, section 7.1.1.2.1) and inherent biodegradability (Document IIIA, section 7.1.1.2.2) do not show biodegradability and do not indicate the need to conduct studies on the fate and behaviour of nitrogen in soil. Laboratory studies (range or median, with number of measurements, with regression coefficient) Please refer to “Mineralisation (aerobic)” (above). Field studies (state location, range or median with number of measurements) Please refer to “Mineralisation (aerobic)” (above). Anaerobic degradation Please refer to “Mineralisation (aerobic)” (above). Soil photolysis Please refer to “Mineralisation (aerobic)” (above). Non extractable residues Please refer to “Mineralisation (aerobic)” (above). Relevant metabolites – name and/or code, % of applied a.i. (range and maximum) Please refer to “Mineralisation (aerobic)” (above). Soil accumulation and plateau concentration Please refer to “Mineralisation (aerobic)” (above). Adsorption/desorption Ka, Kd Not applicable, nitrogen will not be released to soil or sediment. Kaoc, Kdoc Not applicable, nitrogen will not be released to soil or sediment. pH dependence (yes / no) (if yes type of dependence) Not applicable, nitrogen will not be released to soil or sediment. NITROGEN Product-type 18 28 November 2008 Fate and behaviour in air Direct photolysis in air Not applicable, nitrogen already forms 78.1% v/v of the atmosphere. Quantum yield of direct photolysis Not applicable. Photo-oxidative degradation in air Not applicable. Volatilisation Not applicable. Monitoring data, if available Soil (indicate location and type of study) Data not available, there is no mechanism for soil exposure. Surface water (indicate location and type of study) Data not available, there is no mechanism for soil exposure. Ground water (indicate location and type of study) Data not available, there is no mechanism for soil exposure. Air (indicate location and type of study) Data not available, there is no mechanism for soil exposure. Chapter 5: Effects on Non-target Species Toxicity data for aquatic species (most sensitive species of each group) Species Time-scale Endpoint Toxicity Fish Not applicable, nitrogen is only sparingly soluble in water and is inert and not intrinsically hazardous Invertebrates Not applicable, nitrogen is only sparingly soluble in water and is inert and not intrinsically hazardous Algae Not applicable, nitrogen is only sparingly soluble in water and is inert and not intrinsically hazardous Microorganisms Not applicable, nitrogen is only sparingly soluble in water and is inert and not intrinsically hazardous Effects on earthworms or other soil non-target organisms NITROGEN Product-type 18 28 November 2008 Acute toxicity to ………………………………….. Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significent exposure risk to the terrestrial compartment. Reproductive toxicity to ………………………… Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significant exposure risk to the terrestrial compartment. NITROGEN Product-type 18 28 November 2008 Effects on soil micro-organisms Nitrogen mineralization Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significant exposure risk to the terrestrial compartment Carbon mineralization Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significant exposure risk to the terrestrial compartment Effects on terrestrial vertebrates Acute toxicity to mammals Acute Dietary toxicity toxicity Reproductive toxicity Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significant exposure risk to the terrestrial compartment to birds Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significant exposure risk to the terrestrial compartment. Nitrogen, under normal conditions of use, will not elevate the levels of nitrogen beyond normal atmospheric or terrestrial ranges or lead to bioaccumulation or secondary poisoning. to birds Please refer to “Acute toxicity to birds” (above). birds Please refer to “Acute toxicity to birds” (above). to Effects on honeybees Acute oral toxicity Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significant exposure risk to the terrestrial compartment. Nitrogen, under normal conditions of use, will not elevate the levels of nitrogen beyond normal atmospheric or terrestrial ranges. Acute contact toxicity Please refer to “Acute oral toxicity” (above). Effects on other beneficial arthropods Acute oral toxicity Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significant exposure risk to the terrestrial compartment. Nitrogen, under normal conditions of use, will not elevate the levels of nitrogen beyond normal atmospheric or terrestrial ranges. Acute contact toxicity Please refer to “Acute oral toxicity” (above). Please refer to “Acute oral toxicity” (above). Acute toxicity to ………………………………….. NITROGEN Product-type 18 28 November 2008 Bioconcentration Bioconcentration factor (BCF) Not applicable, the information on the environmental exposure scenario for nitrogen indicates no significant exposure risk to the terrestrial compartment. Nitrogen, under normal conditions of use, will not elevate the levels of nitrogen beyond normal atmospheric or terrestrial ranges. Depration time (DT50) Please refer to “Bioconcentration factor (BCF)” (above). (DT90) Level of metabolites (%) in organisms accounting for > 10 % of residues Chapter 6: Please refer to “Bioconcentration factor (BCF)” (above). Other End Points There are no other relevant data available on nitrogen that has not been summarised elsewhere in this document. NITROGEN Product-type 18 28 November 2008 Appendix III: List of Intended Uses Product type Insecticide (PT18) Claim of the participant Nitrogen is a broad-spectrum insecticide for the eradication of stored product pests, wooddestroying insects, textile pests and other arthropods. Target organisms: Acanthoscelides obsoletus (bean weevil) Acarus siro (flour mite) Amyelois transitella (navel orangeworm) Anthrenus flavipes (furniture carpet beetle) Anthrenus verbasci (varied carpet beetle) Blattella germanica (German cockroach) Callosobruchus chinensis (pea & bean beetle) Carpophilus ligneus (dried fruit beetle) Cryptolestes ferrugineus (flat grain beetle) Cryptolestes pusiluss (flat grain beetle) Dermestes lardarius (larder beetle) Ephestia cautella (warehouse moth) Ephestia elutella (warehouse moth) Ephestia kuehniella (mill moth) Incisitermes minor (western drywood termite) Lasioderma sericorne (cigarette beetle) Lyctus brunneus (powderpost beetle) Lyctus linearis (powderpost beetle) Oryzaephilus mercator (merchant grain beetle) NITROGEN Product-type 18 28 November 2008 Oryzaephilus surinamensis (saw-toothed grain beetle) Periplaneta americana (American cockroach) Plodia interpunctella (Indian meal moth) Rhyzopertha dominica (lesser grain borer) Sitophilus granarius (grain weevil) Sitophilus oryzae (rice weevil) Sitophilus zeamais (maize weevil) Sitotroga cerealella (rice moth) Supella longipalpa (brown-banded cockroach) Tenebrio molitor (lesser mealworm beetle) Thermobia domestica (firebrat) Tinea pellionella (case-bearing clothes moth) Tineola bisselliella (common clothes moth) Tribolium castaneum (rust-red flour beetle) Tribolium confusum (confused flour beetle) Trogoderma glabrum Trogoderma granarium (khapra beetle) Trogoderma inclusum (cabinet beetle) Trogoxylon prostomoides (powderpost beetle) Tyroglyphus farinae = Acarus siro (flour mite) Concentration: The active substance is used at a 99.9% Categories of users: Professional operators Type of application:The product is applies as a gas with the articles/products to be treated in a CAT bubble NITROGEN Product-type 18 28 November 2008 Appendix IV: List of studies Data protection is claimed by the applicant in accordance with Article 12.1(c) (i) and (ii) of Council Directive 98/8/EC for all study reports marked “Y” in the “Data Protection Claimed” column of the table below. For studies marked Yes (i) data protection is claimed under Article 12.1(c) (i), for studies marked Yes (ii) data protection is claimed under Article 12.1(c) (ii). These claims are based on information from the applicant. It is assumed that the relevant studies are not already protected in any other Member State of the European Union under existing national rules relating to biocidal products. It was however not possible to confirm the accuracy of this information. Section No / Author(s)5 Reference No4 Year Title6 Data Source (where different from company) Protection Company Claimed Report No. (Yes/No) GLP (where relevant) Owner (Un)Published 4 Section Number/Reference Number should refer to the section number in Doc III-A or III-B. If the study is nonkey, and hence not summarised in Doc III but mentioned in Doc II, it should be included in the reference list alongside related references and its location in Doc II indicated in brackets. (If there is a need to include a crossreference to PPP references then an additional column can be inserted). 5 Author’s Name should include the author’s surname before initial (s) to enable the column to be sorted alphabetically. If the Human Rights Charter prevents author’s surnames on unpublished references being included in non-confidential documents, then it will be necessary to consider including ‘Unpublished [number/year & letter] ’ in Doc II, and both ‘ Unpublished [number/year & letter]’ and the ‘Authors Name’ in the reference list’. This may necessitate the need for an additional column to state whether a reference is unpublished which can then be sorted. 6 Title, Source (where different from company), Company, Report No., GLP (where relevant), (Un)Published should contain information relevant to each item (ideally on separate lines within the table cell for clarity). If useful, the name of the electronic file containing the specific study/reference could be added in brackets. NITROGEN Product-type 18 Section No / Author(s)5 Reference No4 Year 28 November 2008 Title6 Data Source (where different from company) Protection Company Claimed Report No. (Yes/No) GLP (where relevant) Owner (Un)Published III-A 6.1/01 Flucke W, Thyssen J & 1987 XXX 1111 / Acute Toxicity Studies. Yes Organics Inc No Organics Inc Organics Inc Report Non-GLP AT- 414-87 Unpublished (A6_AT_acutetox_rat_414_87) (Doc II-A section 3.2,) Rensor D 1979a Short-term toxicity study with XXXX Toxicol. Letters Non-GLP Published 22: 9-17 NITROGEN Product-type 18 28 November 2008
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