Progress Report on the Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector

Summary

The purpose of this report is to provide an overview of the progress achieved following the implementation of the Release Guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector (the Guidelines), published in the Canada Gazette, Part 1 on September 5, 2020.  

The Guidelines are a voluntary instrument implemented to address the risk posed to the aquatic environment by Disperse Yellow 3 (DY3), a substance declared toxic to the environment under the Canadian Environmental Protection Act, 1999 (CEPA). DY3 shares similar properties along with 25 other azo disperse substances. The guidelines recommend concentration targets, for the release of these 26 azo disperse dyes from dye formulation and textile dyeing activities at the final discharge point of textile facilities. 

The progress report presents an analysis of multiple data sources to determine the number of users, quantities used and assess whether the Guidelines’ objective is met. 

Results gathered during the first 2 years of implementation of the guidelines confirmed that only 1 textile facility was still using DY3 in 2020 and 2021. The 3 other potential users had stopped using the substance by 2020. Results also indicated that the total quantity of DY3 used in Canada has significantly decreased over time. 

Monitoring and surveillance research activities conducted by Environment and Climate Change Canada (ECCC) in the environment in 2022-2023, did not detect DY3 at any sampling locations. 

In 2023, information was gathered through a CEPA section 71 survey on the commercial status and use of 850 substances in Canada. Information collected indicated that 1 chemical manufacturer reported usage of Disperse Orange 25/Disperse Orange 36 in low quantities.

Preliminary results reported by users from the years 2020-2021 and findings from monitoring and surveillance research activities indicate that the Guidelines have been implemented by operators and have achieved the set objectives. To alleviate potential uncertainties surrounding whether all operators have reported their uses of these substances, ECCC will continue to raise awareness of the Guidelines to stakeholders in the textile industry.

Background

The purpose of this report is to describe the progress achieved following the implementation of the Release guidelines for Disperse Yellow 3 (DY3) and 25 other azo disperse dyes in the textile sector (the Guidelines) which were published in the Canada Gazette, Part I on September 5, 2020.

Azo disperse dyes are used for textile dyeing, mainly for synthetic fibres such as polyester, polyester blends, cellulose acetate and nylon. A screening assessment completed in 2017 for the azo disperse dyes grouping under the Canadian Environmental Protection Act, 1999 (CEPA) concluded that Disperse Yellow 3 (DY3) is toxic under section 64 (a) of CEPA because it is or may be entering the environment in a quantity or concentration or under conditions that pose a risk to the aquatic environment. The exposure of concern is release of DY3 to water resulting from textile dye formulation and textile dyeing activities. The final screening assessment also identified 25 other azo disperse dyes with similar properties that have the potential to become toxic if released to the environment in Canada. At the time of the assessment, only DY3 use had been reported; the 25 other azo disperse dyes were not believed to be in commerce in Canada. 

The Guidelines are a voluntary instrument that recommends concentration targets or quantities, for the release of the 26 azo disperse dyes into the final discharge point of textile facilities from textile dye formulation and textile dyeing activities. The overall objective of these recommendations is to limit the release of these substances to maintain levels below the predicted no-effect concentration (PNEC) of 2.3 µg/L in the final discharge point. They apply to any operator using these substances for textile dyes formulation or dyeing activities. The list of the 26 substances included in the Guidelines can be found in the annex of this report.

This progress report presents an analysis of multiple data sources to determine the number of users and quantities used and assess whether the objective of the Guidelines is met. 

The Guidelines recommendations

The Guidelines recommend daily use and concentration targets for DY3 and 25 other azo disperse dyes with similar properties. These targets are expected to keep concentrations of these substances at levels below the PNEC of 2.3 µg/L in the final discharge point of textile facilities

The Guidelines apply to any person who owns or operates a textile dye formulation and/or textile dyeing facility, uses any of the 26 azo disperse dyes listed in Appendix 1 of the Guidelines and releases an effluent containing any of these dyes at the final discharge point of the facility. 

Any persons/entities who meet the criteria identified above were encouraged to inform ECCC of their intention to implement the Guidelines by submitting the Declaration of the operator by March 5, 2021. New users are also asked to submit a Declaration of the operator within 6 months of using any of the substances. Additionally, all users are asked to report quantities used and/or released during the previous calendar year in a Conformity evaluation report on an annual basis (by March 31). 

Any persons/entities voluntarily abiding by the Guidelines should monitor their activities and limit their use to:

• a total daily use of the 26 azo disperse dyes in a quantity no greater than 90 kilograms per day (kg/day) for textile dye formulation, or 10 kg/day for textile dyeing activities
• an overall release of the 26 azo disperse dyes at a facility’s final discharge point in a concentration no greater than 146,520 µg/L for textile dye formulation and 240,000 µg/L for textile dyeing activities

The Guidelines and instructions to complete related documents are available on the Government of Canada website. Guidance documents are meant to provide assistance to industry on how to comply with governing statutes and regulations. They also provide assistance to staff on how Environment and Climate Change Canada mandates.

Adherence to the Guidelines does not in any way exempt any participating facility from complying with any and all applicable laws and regulations, including, for example, subsection 36(3) of the Fisheries Act, which prohibits the deposit of harmful substances into waters frequented by fish and protects fish habitat.  

This document should be read in conjunction with relevant sections of other applicable guidance documents.

Instrument milestones

The milestones for the Guidelines are tracked through 2 key reports: the Declaration of the Operator and the Conformity Evaluation report. The purpose of the Declaration of the Operator is for facilities to inform ECCC in writing of their intention to implement the Guidelines. The reporting year for the Declaration of operator was 2021 or earlier. The Conformity evaluation report is used to track the quantity of azo disperse dye(s) used and/or released into the environment or to a wastewater treatment system by each operator on an annual basis. The Conformity evaluation report applies to 2020 and subsequent years. 

Canadian textile sector

Based on information collected by Innovation, Science and Economic Development Canada, 2019, 311 textile-manufacturing mills (North American Industry Classification System [NAICS] code 313 - Textile Mills, which transform basic fibers into yarn, thread, or fabric through activities such as spinning, weaving, knitting, and finishing) and 662 textile product mills (NAICS code 314 - Textile Product Mills, which manufacture a wide range of textile goods, excluding apparel, from purchased fabrics, including household linens, carpets, curtains, upholstery, and industrial textile products) operate in Canada. 

Figure 1: Number of Business Enterprises according to Province and Sub-sector

Figure 1 illustrates the number of business enterprises according to the province and sub-sector. These enterprises represent textile mills and textile product mills. The Canadian textile-manufacturing sector is mainly concentrated in Quebec and Ontario, which together account for about 73% of all textile mills and 61% of all textile product mills nationwide. The remaining establishments are distributed across other provinces and territories, with small clusters in British Columbia, Alberta and the Atlantic region. Overall, textile mills which transform basic fiber into yarn, thread or fabric represent approximately 32% of all textile establishments, while textile product mills, which use these materials to produce finished goods such as clothing, carpets, bedding, upholstery, and bags, make up the remaining 68%.

Target audience

In order to identify potential mills that may be interested in following the Guidelines, ECCC has consulted and engaged with the textile industry since 2017 through various mechanisms including: consultations with textile stakeholders, emails, working groups, webinars and phone calls. 4 facilities using DY3 were identified: 3 in Quebec and 1 in Ontario. 

In addition, information materials were sent to approximately 700 textile sector companies with NAICS codes 313 and 314. Out of all the stakeholders contacted, 28 facilities completed the Declaration of the operator, including the 4 known facilities following the Guidelines in 2021 or earlier.

Release guidelines results to date

The objective of the Guidelines is to reduce concentrations of azo disperse dyes in the final discharge point, so they are below the PNEC of 2.3 µg/L.

Consequently, the goal of the Guidelines is to recommend maximum daily use quantities and effluent concentration targets at the final discharge point of textile facilities for the release of the 26 azo disperse dyes to maintain the levels in the aquatic environment below the PNEC. The Guidelines aim to inform stakeholders, reduce the use of these substances, and encourage facilities to stay within the recommended standards. 

In 2021, among all facilities contacted (more than 700, including the 4 facilities known to be using DY3), only 28 submitted a Declaration of the operator. 26 of the 28 facilities confirmed that they were not using any of the disperse dyes and did not intend to use them in 2021. The remaining 2 facilities reported having used 1 or more of the listed dyes and subsequently submitted the Conformity evaluation report. 1 facility reported using DY3 while the other reported using 2 of the other azo disperse dyes that were originally believed to not be used in Canada at the time of the risk assessment process.

DY3

Of the original 4 facilities identified as users of DY3 in 2017, only 1 was still using the substance in 2020 and 2021. The total annual use of DY3 reported from this facility was 0.4 kg in 2020 and 0.874 kg in 2021, both values correspond to less than 1% of the quantities sold in Canada in 2017 (200 kg) and account for a small fraction of the average level used between 2008 and 2011.

Figure 2 below shows the evolution of the reported quantity of DY3 used annually for either formulation or dyeing. Between 2008 and 2011, the total annual quantities of DY3 sold averaged 630 kg per year with a peak value at 981 kg in 2011. Results show a significant decrease in total quantities sold after 2011 with values of 25 kg and 200 kg in 2013 and 2017, respectively. Assuming that total quantities sold are used within the same year, total quantities of DY3 used in 2020 and 2021 were significantly lower than in 2017 due to 3 users having stopped using the substance.

Figure 2: Disperse Yellow 3 (DY3) Usage

Disperse Orange and Disperse Red

When the Guidelines were published in 2020, Disperse Orange 25/Disperse Orange 36 (CAS 31482-56-1) and Disperse Red 73 (CAS 16889-10-4) were among the 25 azo disperse dyes not considered to be in commerce in Canada as per the 2017 risk assessment. However, in 2020 and 2021, 1 facility reported using Disperse Orange 25/Disperse Orange 36 and Disperse Red 73 listed in the annex of this report. Data reported in the first 2 years of the Guidelines implementation show that the facility is meeting recommendations, as usage of these dyes are in low quantities.

Guidelines Conformity Results

Table 1 below presents results obtained from the Conformity evaluation reports received for 2020 and 2021. Both facilities using the listed azo disperse dyes met the daily concentration target recommended in the Guidelines. 

Table 1: Total azo disperse dye quantities reported annually by all facilities following the Guidelines in 2020 and 2021.

^aThis quantity includes quantity used as well as spills, leaks, etc.

Although the 2 facilities adhered to the Guidelines, there is a need to examine and identify any other users of the other 25 azo disperse dyes. The presence of Disperse Orange 25 / Disperse Orange 36 and Disperse Red 73 indicate that there is a possibility that some of the 25 other azo disperse dyes are used in Canada without being reported. 

Consequently, Disperse Orange 25 / Disperse Orange 36 and Disperse Red 73 were added to the section 71 survey under CEPA, launched in June 2023. Information collected from this exercise was analysed and reported usage between 100 – 1,000 kg. If any identified users exceed the limits recommended in the Guidelines, monitoring may be considered.

Monitoring and surveillance data

Monitoring and surveillance involve the regular collection of physical, chemical and biological data using standard methods and protocols to detect and characterize environmental change. The Chemicals Management Plan Environmental Monitoring and Surveillance (M&S) is an ECCC program which measures specific chemicals in outdoor air, water, sediment, fish and birds across Canada. A M&S program for DY3 was completed in 2022 to determine if the objective of maintaining concentrations of DY3 below the PNEC of 2.3 µg/L in the aquatic environment was met. M&S activities focused on industrial releases sites. Measured levels of DY3 in water were compared to the baseline and PNEC of 2.3 µg/L in the aquatic environment. 

DY3 was not detected in any sampling locations which indicates that this objective was met.

In the event that the Chemicals Management Plan Environmental M&S uncover, through monitoring and sampling activities, a suspected violation of ECCC’s legislation, the information will be shared with Enforcement personnel for follow-up in accordance with the department’s Compliance and Enforcement Policies.

Conclusion

Results reported by the textile industry in 2020 and 2021 suggest that the Guidelines are being implemented and are achieving the objective of limiting releases of the 26 azo dyes from textile dye formulators and textile dyeing facilities. The 2 facilities that are still using 1 or more of the 26 azo dyes are following the recommendations set out in the guidelines. Total quantities of DY3 used in 2020 and 2021 were significantly lower (decrease of more than 99%) than in 2017 due to 3 users having stopped using the substance. 

The surveillance and monitoring sampling conducted in 2022 also indicate that the levels of DY3 in the aquatic environment were below the PNEC of 2.3 µg/L: in fact, DY3 was not detected at any of the sampling sites located near industrial sites.

However, the usage of Disperse Orange 25/Disperse Orange 36 and Disperse Red 73 was unexpectedly reported while these substances were previously considered not to be in commerce in Canada. Their presence also highlights the need to further examine whether there are other users of these substances. 

As an additional user has been identified following the information gathering under section 71 of CEPA, ECCC will conduct targeted stakeholder engagement to inquire if the substances are used as per the recommendations set out in the Guidelines. 

Next steps

ECCC will continue to design and carry out educational and informational activities specifically for the Guidelines.

Educational and informational activities will include reaching out to the textile industry and apparel associations stakeholders to ensure they are aware of the Guidelines and their objectives.

Over the longer term, if the Guidelines’ objectives are not met for any of the 26 azo disperse dyes, it may be necessary to develop a different risk management instrument to better manage the environmental impacts of Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector.

Contact

If you have any questions regarding this report, please contact us by email at:

Produits-Products@ec.gc.ca.

Sources

Environmental release guidelines: fact sheet: Environmental release guidelines: fact sheet - Canada.ca

Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector: Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector - Canada.ca

Canada. 2017a. Dept. of the Environment, Dept. of Health. Consultation Document on the Options for Addressing Certain Aromatic Azo and Benzidine-Based Substances with Effects of Concern.

Canada. 2017b. Dept. of the Environment and Dept. of Health. Publication of final decision after screening assessment of 74 azo disperse dyes specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999). Canada Gazette, Part 1, vol. 151, no. 10, p. 1086 to 1101.

Canada. 2017c. Dept. of the Environment, Dept. of Health. Screening Assessment of Certain Azo Disperse Dyes.

Canada. 2017d. Risk Management Approach for Acetamide, N-[4-[(2-hydroxy-5-methylphenyl)azo]phenyl]- (Disperse Yellow 3), Chemical Abstracts Service Registry Number 2832-40-8 (PDF 170 kB).[JT1.1][TR1.2][T(1.3]

Environment Canada. 2000. Canadian Environmental Protection Act, 1999. Notice with respect to the Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector. Canada Gazette, Part 1, Vol. 154, no. 36. September 5, 2020.

Innovation, Science and Economic Development Canada, 2019. Manufacturing - Canadian Industry Statistics. Textile mills - 313 - Manufacturing - Canadian Industry Statistics - Innovation, Science and Economic Development Canada

Annex – list of the 26 azo disperse dyes: molar weights below 360 g/mol

^aMeets 1 or more criteria under section 64 of CEPA

^bSubstance with both ecological and human health effects of concern