98-557. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 63, Number 6 (Friday, January 9, 1998)]
    [Notices]
    [Pages 1456-1464]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-557]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-786; FRL-5762-6]
    
    
    Notice of Filing of Pesticide Petitions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    
    [[Page 1457]]
    
    
    ACTION: Notice.
    
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    SUMMARY: This notice announces the initial filing of pesticide 
    petitions proposing the establishment of regulations for residues of 
    certain pesticide chemicals in or on various food commodities.
    DATES: Comments, identified by the docket control number PF-786, must 
    be received on or before February 9, 1998.
    ADDRESSES: By mail submit written comments to: Public Information and 
    Records Integrity Branch (7502C), Information Resources and Services 
    Division, Office of Pesticides Programs, Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. In person bring comments 
    to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically to: docket@epamail.epa.gov. Follow the instructions under ``SUPPLEMENTARY 
    INFORMATION.'' No confidential business information should be submitted 
    through e-mail.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any part or all of that information as 
    ``Confidential Business Information'' (CBI). CBI should not be 
    submitted through e-mail. Information marked as CBI will not be 
    disclosed except in accordance with procedures set forth in 40 CFR part 
    2. A copy of the comment that does not contain CBI must be submitted 
    for inclusion in the public record. Information not marked confidential 
    may be disclosed publicly by EPA without prior notice. All written 
    comments will be available for public inspection in Rm. 1132 at the 
    address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
    table below:
    
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                                       Office location/                     
            Product Manager            telephone number          Address    
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    Joanne Miller (PM 23).........  Rm. 237, CM #2, 703-    1921 Jefferson  
                                     305-6224, e-mail:       Davis Hwy,     
                                     [email protected]   Arlington, VA  
                                     .epa.gov.                              
    Marion Johnson (PM 10)........  Rm. 217, CM #2, 703-    Do.             
                                     305-6788, e-mail:                      
                                     johnson.marion@epamai.                             
    Cynthia Giles-Parker (PM 22)..  Rm. 229, CM #2, 703-    Do.             
                                     305-7740, e-mail:                      
                                     parker.cynthia@epamai.                             
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    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various food 
    commodities under section 408 of the Federal Food, Drug, and Comestic 
    Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these petitions 
    contain data or information regarding the elements set forth in section 
    408(d)(2); however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data supports granting of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
        The official record for this notice of filing, as well as the 
    public version, has been established for this notice of filing under 
    docket control number [PF-786] (including comments and data submitted 
    electronically as described below). A public version of this record, 
    including printed, paper versions of electronic comments, which does 
    not include any information claimed as CBI, is available for inspection 
    from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
    holidays. The official record is located at the address in 
    ``ADDRESSES'' at the beginning of this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1/6.1 or ASCII file 
    format. All comments and data in electronic form must be identified by 
    the docket control number [PF-786] and appropriate petition number. 
    Electronic comments on this notice may be filed online at many Federal 
    Depository Libraries.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Food additives, 
    Feed additives, Pesticides and pests, Reporting and recordkeeping 
    requirements.
    
        Dated: December 17, 1997.
    
    James Jones,
    
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    Summaries of Petitions
    
        Petitioner summaries of the pesticide petitions are printed below 
    as required by section 408(d)(3) of the FFDCA. The summaries of the 
    petitions were prepared by the petitioners and represent the views of 
    the petitioners. EPA is publishing the petition summaries verbatim 
    without editing them in any way. The petition summary announces the 
    availability of a description of the analytical methods available to 
    EPA for the detection and measurement of the pesticide chemical 
    residues or an explanation of why no such method is needed.
    
    1. BASF Corporation
    
    PP 7F4881
    
        EPA has received a pesticide petition (PP 7F4881) from BASF 
    Corporation, Agricultural Products, P.O. Box 13528, Research Triangle 
    Park, NC 27709, proposing pursuant to section 408(d) of the Federal 
    Food, Drug and Cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR part 
    180 by establishing a tolerance for residues of Pridaben, [2 tert-
    butyl-5(4-tert-butylbenzylthio)-4- chloropyridazin-3(2H)-one] in or on 
    the raw agricultural commodity. EPA has determined that the petition 
    contains data or information regarding the elements set forth in 
    section 408(d)(2) of the FFDCA; however, EPA has not fully evaluated 
    the sufficiency of the submitted data at this time or whether the data 
    supports granting of the petition. Additional data may be needed before 
    EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant metabolism. BASF Corporation notes that metabolism in 
    plants is understood.
        2. Analytical method. The proposed analytical method involves 
    extraction, partition, clean-up and detection of residues by gc/ecd.
        3. Magnitude of residues. Eleven peach residue trials to determine 
    residues in peaches and nectarines were conducted in eight states. 
    Residues of pyridaben were measured by gc/ecd. The method of detection 
    had a limit of detection of 0.05 parts per million (ppm). Residues 
    ranged from <0.05 to="" 2.36.="" [[page="" 1458]]="" eight="" plum="" residue="" trials="" to="" determine="" residues="" in="" plums="" and="" prunes="" were="" conducted="" in="" four="" states.="" residues="" of="" pyridaben="" were="" measured="" by="" gc/ecd.="" the="" method="" of="" detection="" had="" a="" limit="" of="" detection="" of="" 0.05="" ppm.="" residues="" ranged="" from=""><0.05 to="" 0.683="" ppm.="" no="" residues="" trials="" were="" conducted="" to="" determine="" residues="" in="" cherries="" and="" apricots.="" only="" postharvest="" applications="" are="" requested.="" no="" residues="" will="" occur="" since="" pyridaben="" is="" not="" systemic="" and="" does="" not="" translocate.="" the="" limit="" of="" detection="" of="" 0.05="" ppm="" is="" proposed="" as="" the="" tolerance.="" fifteen="" grape="" residue="" trials="" were="" conducted="" in="" six="" states.="" residues="" of="" pyridaben="" were="" measured="" by="" gc/ecd.="" the="" method="" of="" detection="" had="" a="" limit="" of="" detection="" of="" 0.05="" ppm.="" residues="" ranged="" from="" 0.168="" to="" 1.38="" ppm.="" six="" pecan="" residue="" trials="" were="" conducted="" in="" four="" states="" to="" complete="" requirements="" for="" a="" group="" tolerance="" for="" nut="" crops.="" basf="" corporation="" was="" granted="" a="" tolerance="" of="" 0.05="" ppm="" for="" use="" on="" almonds.="" residues="" of="" pyridaben="" were="" measured="" by="" gc/ecd.="" the="" method="" of="" detection="" had="" a="" limit="" of="" detection="" of="" 0.05ppm.="" there="" were="" no="" residues="" above="" 0.05="" ppm.="" b.="" toxicological="" profile="" 1.="" acute="" toxicity--acute="" toxicity="" testing.="" i.="" acute="" oral="" toxicity="" (rat):="">50 = 1,100 mg/kg in males; 570 mg/kg in females. 
    Tox Category: III.
        ii. Acute Oral Toxicity (mouse): LD50 = 424 mg/kg in 
    males; 383 mg/kg in females. Tox Category: II.
        iii. Acute Dermal Toxicity (rat): LD50 = >2000 mg/kg in 
    males and females. Tox Category: III.
        iv. Acute Inhalation Toxicity (rat): LC50 = 0.66 mg/l in 
    males; 0.62 mg/l in females. Tox Category: III.
        v. Primary Eye Irritation (rabbit): Pyridaben is a slight ocular 
    irritant. Tox Category: III.
        vi. Primary Dermal irritation (rabbit): Pyridaben is not a dermal 
    irritant. Tox Category: IV.
        vii. Dermal Sensitization (guinea pig): Pyridaben is not a dermal 
    sensitizer.
        viii. Acute Neurotoxicity (rat): Rats were dosed once with 0, 50, 
    100 and 200 milligram/kilogram (mg/kg). The No Observed Effect Level 
    (NOEL) for systemic toxicity was determined to be 50 mg/kg for both 
    males and females. The Lowest Observed Effect Level (LOEL) for systemic 
    effects was determined to be 100 mg/kg in both sexes based on decreased 
    food consumption, decreased body weight gain and increased clinical 
    signs. The LOEL for neurobehavioral effects was determined to be 200 
    mg/kg in males and >200 mg/kg in females.
        2. Mutagenicity testing--Ames testing: Negative In vitro 
    cytogenicity (Chinese hamster lung cells): Negative In vivo 
    micronucleus assay (mouse): Negative DNA damage/repair (E. coli): 
    Negative.
        3. Reproductive and developmental toxicity-- i. Developmental 
    toxicity testing (rat). Sprague Dawley rats were dosed with 0, 2.5, 
    5.7, 13 and 30 mg/kg/day pyridaben in the diet from days 6 through 15 
    of gestation. The Maternal NOEL was determined to be 4.7 mg/kg/day and 
    the maternal LOEL was determined to be 13 mg/kg/day based on decreased 
    body weight gain, and decreased food consumption during the dosing 
    period. The developmental NOEL was determined to be 13 mg/kg/day and 
    the developmental LOEL was determined to be 30 mg/kg/day based on 
    decreased fetal body weight and an increase in incomplete ossification 
    in selected bones.
        ii. Developmental toxicity (rabbit). New Zealand white rabbits were 
    dosed with 0, 1.5, 5, and 15 mg/kg/day pyridaben in the diet from days 
    6 through 19 of gestation. The Maternal NOEL was determined to be 5 mg/
    kg/day and the maternal LOEL was determined to be 15 mg/kg/day based on 
    decreased body weight gain, and decreased food consumption during the 
    dosing period. The developmental NOEL was determined to be >15 mg/kg/
    day and the developmental LOEL was determined to be >15 mg/kg/day.
        iii. Developmental toxicity (rabbit). Himalayan rabbits were dosed, 
    by dermal application, with 0, 70, 170 and 450 mg/kg/day pyridaben from 
    days 6 through 19 of gestation. The Maternal systemic NOEL was 
    determined to be 70 mg/kg/day and the maternal LOEL was determined to 
    be 170 mg/kg/day based on decreased body weight gain, and decreased 
    food consumption during the dosing period. The developmental NOEL was 
    determined to be 170 mg/kg/day and the LOEL determined to be 450 mg/kg/
    day based on decreased ossification of the skull.
        iv. Reproductive toxicity testing, multigeneration reproduction 
    (rat). CD rats were dosed with 0, 10, 28 and 80 ppm pyridaben in the 
    diet. The Parental/Systemic NOEL was determined to be 28 ppm in both 
    sexes (equivalent to 2.20 mg/kg/day in males and 2.41 mg/kg/day in 
    females). The Parental/Systemic LOEL was determined to be 80 ppm 
    (equivalent to 6.31 mg/kg/day in males and 7.82 mg/kg/day in females) 
    based on decreased body weight, decreased body weight gain and 
    decreased food efficiency. The reproductive NOEL and LOEL were both 
    determined to be >80 ppm in males and females.
        4. Subchronic toxicity-- i. A 21-day dermal (rat). Rats were 
    repeatedly dosed with pyridaben at 0, 30. 100, 300 and 1,000 mg/kg/day 
    for 21 days. The NOEL was determined to be 100 mg/kg/day and the LOEL 
    300 mg/kg/day based on decreased body weight gain in females.
        ii. A 90-day rodent (rat). CD rats were dosed with pyridaben at 0, 
    30, 65, 155 and 350 ppm in the diet for 13 weeks. The NOEL was 
    determined to be 65 ppm (4.94 mg/kg/day) for males and 30 ppm (2.64 mg/
    kg/day) in females. The LOEL for males was determined to be 155 ppm 
    (11.55 mg/kg/day) based on reduced body weight gain, reduced food 
    consumption, reduced food efficiency, and altered clinical pathology 
    parameters. The LOEL for females was determined to be 65 ppm (5.53 mg/
    kg/day) based on reduced body weight gain and reduced food efficiency.
        iii. A 90-day non-rodent (dog). Beagle dogs were dosed with 
    pyridaben at 0, 0.5, 1,4, and 16 mg/kg/day in the diet for 13 weeks. 
    The NOEL was determined to be 1 mg/kg/day and the LOEL determined to be 
    4 mg/kg/day based on reduced body weight gain and an increase in 
    clinical signs in both sexes.
        iv. A 90-day neurotoxicity (rat). Rats were dosed with pyridaben at 
    0, 30, 100, and 350 ppm in the diet for 13 weeks. The systemic NOEL was 
    determined to be 100 ppm (equivalent to 8.5 mg/kg/day in males and 9.3 
    mg/kg/day in females). The systemic LOEL was determined to be 350 ppm 
    (equivalent to 28.8 mg/kg/day in males and 31.1 mg/kg/day in females) 
    based on decreased body weight gain, decreased food consumption and 
    decreased food efficiency. No neuropathological effects were noted in 
    the study.
        5. Chronic toxicity-- i. A 1-year non-rodent (dog). Two studies 
    were run. In the first, beagle dogs were dosed with pyridaben at 0, 1, 
    4, 16 and 32 mg/kg/day in the diet for 1-year. In the second, beagle 
    dogs were dosed with pyridaben at 0 and 0.5 mg/kg/day in the diet for 
    1-year. The NOEL was determined to be <0.5 ppm="" and="" loel="" determined="" to="" be="" 0.5="" mg/kg/day="" based="" on="" increased="" clinical="" signs="" and="" decreased="" body="" weight="" gain="" in="" both="" sexes.="" ii.="" combined="" rodent="" chronic="" toxicity/carcinogenicity="" (rat).="" wistar="" rats="" were="" fed="" 0,="" 4,="" 10,="" 28="" and="" 80="" ppm="" pyridaben="" in="" the="" diet="" to="" assess="" carcinogenicity="" and="" 0,="" 4,="" 10,="" 28="" and="" 120="" ppm="" in="" the="" diet="" to="" assess="" chronic="" toxicity="" for="" 104="" weeks.="" the="" noel="" was="" determined="" to="" be="" 28="" ppm="" in="" both="" sexes="" (equivalent="" to="" 1.13="" mg/kg/day="" in="" males="" and="" 1.46="" mg/kg/day="" in="" females).="" the="" loel="" was="" determined="" [[page="" 1459]]="" to="" be="" 120="" ppm="" in="" both="" sexes="" (equivalent="" to="" 5.0="" mg/kg/day="" in="" males="" and="" 6.52="" mg/kg/day="" in="" females)="" based="" on="" decreased="" body="" weight="" gain="" in="" both="" sexes="" and="" decreased="" alt="" levels="" in="" males.="" pyridaben="" was="" not="" carcinogenic="" under="" the="" conditions="" of="" the="" test.="" iii.="" carcinogenicity="" in="" the="" rodent="" (mouse).="" cd-1="" mice="" were="" fed="" 0,="" 2.5,="" 8.0,="" 25="" and="" 80="" ppm="" pyridaben="" in="" the="" diet="" for="" 78="" weeks.="" the="" noel="" was="" determined="" to="" be="" 25="" ppm="" in="" both="" sexes="" (equivalent="" to="" 2.78="" mg/kg/day="" in="" both="" sexes).="" the="" loel="" was="" determined="" to="" be="" 80="" ppm="" in="" both="" sexes="" (equivalent="" to="" 8.88="" mg/kg/day="" in="" males="" and="" 9.74="" mg/kg/day="" in="" females)="" based="" on="" decreased="" body="" weight="" gain,="" decreased="" food="" efficiency="" and="" changes="" in="" organ="" weights="" and="" histopathology.="" pyridaben="" was="" not="" carcinogenic="" under="" the="" conditions="" of="" the="" test.="" 6.="" animal="" metabolism.="" basf="" corporation="" notes="" that="" metabolism="" in="" animals="" is="" understood.="" 7.="" threshold="" effects.="" based="" on="" the="" available="" chronic="" toxicity="" data,="" epa="" has="" established="" the="" reference="" dose="" (rfd)="" for="" pyridaben="" at="" 0.005="" mg/="" kg/day.="" the="" rfd="" for="" pyridaben="" is="" based="" on="" a="" 1-year="" feeding="" study="" in="" dogs="" with="" a="" threshold="" lowest-observed="" effect="" level="" (loel)="" of="" 0.5="" mg/kg/="" day="" based="" on="" increased="" clinical="" signs="" and="" decreased="" body="" weight="" gain="" in="" both="" sexes="" and="" an="" uncertainty="" factor="" of="" 100.="" 8.="" non-threshold="" effects.="" using="" its="" guidelines="" for="" carcinogenic="" risk="" assessment,="" epa="" has="" classified="" pyridaben="" as="" group="" ``e''="" for="" carcinogenicity="" (no="" evidence="" of="" carcinogenicity)="" based="" on="" the="" results="" of="" carcinogenicity="" studies="" in="" two="" species.="" there="" was="" no="" evidence="" of="" carcinogenicity="" in="" an="" 18-month="" feeding="" study="" in="" mice="" and="" a="" 2-year="" feeding="" study="" in="" rats="" at="" the="" dosage="" levels="" tested.="" the="" doses="" tested="" were="" adequate="" for="" identifying="" a="" cancer="" risk.="" thus,="" a="" cancer="" risk="" assessment="" is="" not="" necessary.="" c.="" aggregate="" exposure="" 1.="" dietary="" exposure--i.="" food.="" since="" pyridaben="" is="" regulated="" based="" upon="" non-carcinogenic="" chronic="" toxicity,="" basf="" conducted="" a="" dres="" analysis="" based="" on="" anticipated="" residue="" levels="" determined="" by="" the="" tolerance="" support="" branch="" of="" hed.="" the="" anticipated="" residue="" levels="" were="" derived="" from="" the="" average="" residue="" levels="" from="" field="" trials="" conducted="" at="" the="" maximum="" proposed="" use="" rate="" and="" minimum="" pre-harvest="" interval,="" and="" a="" correction="" factor="" of="" 2.3="" to="" account="" for="" all="" organosoluble="" residues="" as="" determined="" by="" epa="" hed.="" this="" analysis="" demonstrates="" that="" the="" exposure="" to="" non-nursing="" infants=""><1 year,="" the="" most="" sensitive="" sub-population="" is="" approximately="" 128.6%="" of="" the="" rfd="" and="" to="" the="" general="" population="" exposure="" is="" approximately="" 18.6%.="" assuming="" a="" conservative="" pyridaben="" market="" share="" of="" 65%="" of="" all="" crop="" uses,="" then="" the="" most="" sensitive="" sub-population="" is="" approximately="" 83.8%="" of="" the="" rfd="" and="" to="" the="" general="" population="" exposure="" is="" approximately="" 12.1%.="" ii.="" drinking="" water.="" other="" potential="" sources="" of="" exposure="" of="" the="" general="" population="" to="" residues="" of="" pesticides="" are="" residues="" in="" drinking="" water="" and="" exposure="" from="" non-occupational="" sources.="" based="" on="" the="" studies="" submitted="" to="" epa="" for="" assessment="" of="" environmental="" risk,="" basf="" does="" not="" anticipate="" exposure="" to="" residues="" of="" pyridaben="" in="" drinking="" water.="" there="" is="" no="" established="" maximum="" concentration="" level="" for="" residues="" of="" pyridaben="" in="" drinking="" water="" under="" the="" safe="" drinking="" water="" act.="" basf="" has="" not="" estimated="" non-occupational="" exposure="" for="" pyridaben="" since="" the="" current="" registration="" for="" pyridaben="" is="" limited="" to="" commercial="" greenhouse="" use="" for="" non-food="" ornamental="" plants="" and="" the="" only="" other="" use="" will="" be="" for="" commercial="" apple/pear="" and="" citrus="" production="" the="" potential="" for="" non-="" occupational="" exposure="" to="" the="" general="" population="" is="" considered="" to="" be="" insignificant.="" d.="" cumulative="" effects="" basf="" also="" considered="" the="" potential="" for="" cumulative="" effects="" of="" pyridaben="" and="" other="" substances="" that="" have="" a="" common="" mechanism="" of="" toxicity.="" basf="" has="" concluded="" that="" consideration="" of="" a="" common="" mechanism="" of="" toxicity="" is="" not="" appropriate="" at="" this="" time="" since="" there="" is="" no="" reliable="" information="" to="" indicate="" that="" toxic="" effects="" produced="" by="" pyridaben="" would="" be="" cumulative="" with="" those="" of="" any="" other="" chemical="" compounds.="" e.="" safety="" determination="" 1.="" u.s.="" population.="" reference="" dose="" (rfd),="" using="" the="" exposure="" assumptions="" described="" in="" section="" iii,="" above,="" basf="" concludes="" that="" aggregate="" exposure="" to="" pyridaben="" will="" utilize="" approximately="" 12.1%="" the="" rfd="" for="" the="" u.s.="" population.="" epa="" generally="" has="" no="" concern="" for="" exposures="" below="" 100%="" of="" the="" rfd.="" therefore,="" based="" on="" the="" completeness="" and="" reliability="" of="" the="" toxicity="" data="" and="" the="" conservative="" exposure="" assessment,="" basf="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" aggregate="" exposure="" to="" residues="" of="" pyridaben,="" including="" all="" anticipated="" dietary="" exposure="" and="" all="" other="" non-="" occupational="" exposures.="" 2.="" infants="" and="" children.="" developmental="" toxicity="" (delayed="" ossification)="" was="" observed="" in="" developmental="" toxicity="" studies="" using="" rats="" and="" rabbits.="" the="" no-observed="" effect="" level's="" (noel's)="" for="" developmental="" effects="" were="" established="" at="" 13="" mg/kg/day="" in="" the="" rat="" study="" and="" 15="" mg/kg/="" day="" in="" the="" rabbit="" study.="" the="" developmental="" effect="" observed="" in="" these="" studies="" is="" believed="" to="" be="" a="" secondary="" effect="" resulting="" from="" maternal="" stress="" (decreased="" body="" weight="" gain="" and="" food="" consumption).="" in="" a="" 2-generation="" reproduction="" study="" in="" rats,="" pups="" from="" the="" high="" dose="" group,="" which="" were="" fed="" diets="" containing="" 80="" ppm="" (equivalent="" to="" 6.31="" and="" 7.82="" mg/kg/day="" in="" male="" and="" females,="" respectively)="" gained="" less="" weight="" beginning="" on="" lactation="" day="" 14.="" parental="" systemic="" toxicity="" including="" decreased="" body="" weights,="" body="" weight="" gains="" and="" food="" efficiency="" in="" males,="" and="" slightly="" decreased="" body="" weights="" and="" body="" weight="" gains="" in="" females="" during="" lactation="" was="" also="" observed="" in="" the="" high="" dose="" group.="" the="" results="" of="" this="" study="" indicate="" that="" the="" loss="" in="" weight="" gain="" in="" pups="" from="" the="" high="" dose="" group="" was="" affected="" by="" nursing.="" no="" clear="" scientific="" consensus="" yet="" exists="" to="" define="" the="" most="" appropriate="" endpoints="" for="" assessing="" risk="" in="" children.="" however,="" in="" consideration="" of="" the="" data="" that="" show="" both="" developmental="" and="" reproductive="" toxicity="" were="" effects="" secondary="" to="" parental="" toxicity,="" basf="" believes="" that="" the="" established="" reference="" dose="" (rfd)="" of="" 0.005="" mg/kg/day="" is="" the="" most="" conservative="" approach="" for="" assessing="" risk="" in="" children.="" using="" the="" exposure="" assumptions="" described="" in="" section="" 5,="" above,="" basf="" has="" concluded="" that="" the="" percent="" of="" the="" rfd,="" when="" adjusted="" for="" a="" conservative="" market="" share="" of="" 65%,="" that="" will="" be="" utilized="" by="" aggregate="" exposure="" to="" residues="" of="" pyridaben="" from="" the="" proposed="" use="" in="" citrus,="" apples,="" pears,="" almonds,="" peaches,="" plums,="" and="" grapes="" is="" approximately="" 83.8%="" for="" non-nursing="" infants="">< 1="" year),="" the="" most="" sensitive="" sub-population.="" based="" on="" the="" completeness="" and="" reliability="" of="" the="" toxicity="" data="" and="" the="" conservative="" exposure="" assessment,="" basf="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" to="" infants="" and="" children="" from="" aggregate="" exposure="" to="" the="" residues="" of="" pyridaben,="" including="" all="" anticipated="" dietary="" exposure="" and="" all="" other="" non-occupational="" exposures.="" f.="" other="" considerations="" the="" qualitative="" nature="" of="" the="" residues="" in="" plants="" and="" animals="" is="" adequately="" understood.="" residues="" of="" the="" parent="" molecule,="" pyridaben="" are="" the="" only="" residues="" of="" concern.="" residues="" of="" pyridaben="" do="" not="" concentrate="" in="" the="" processed="" commodities="" apple="" and="" citrus="" juice.="" there="" is="" a="" practical="" analytical="" method="" for="" detecting="" and="" measuring="" levels="" of="" pyridaben="" in="" or="" on="" food="" with="" [[page="" 1460]]="" a="" limit="" of="" detection="" that="" allows="" monitoring="" of="" food="" with="" residues="" at="" or="" above="" the="" levels="" set="" in="" these="" tolerances.="" endocrine="" effects.="" no="" specific="" tests="" have="" been="" conducted="" with="" pyridaben="" to="" determine="" whether="" the="" chemical="" may="" have="" an="" effect="" in="" humans="" that="" is="" similar="" to="" an="" effect="" produced="" by="" a="" naturally="" occurring="" estrogen="" or="" other="" endocrine="" effects.="" however,="" there="" were="" no="" significant="" findings="" in="" other="" relevant="" toxicity="" studies,="" i.e.,="" teratology="" and="" multi-generation="" reproductive="" studies,="" which="" would="" suggest="" that="" pyridaben="" produces="" endocrine="" related="" effects.="" g.="" international="" tolerances="" a="" maximum="" residue="" level="" has="" not="" been="" established="" for="" pyridaben="" by="" the="" codex="" alimentarius="" commission.="" (pm="" 10)="" 2.="" gmja="" specialties="" pp="" 7g4891="" epa="" has="" received="" a="" pesticide="" petition="" (pp="" 7g4891)="" from="" gmja="" specialties,="" 1001="" 13th="" avenue="" east,="" bradenton,="" fl="" 34208,="" proposing="" pursuant="" to="" section="" 408(d)="" of="" the="" federal="" food,="" drug="" and="" cosmetic="" act,="" 21="" u.s.c.="" 346a(d),="" to="" amend="" 40="" cfr="" part="" 180="" by="" establishing="" a="" tolerance="" for="" residues="" of="" pt807-hcl="" in="" or="" on="" the="" raw="" agricultural="" commodity="" oranges="" at="" 0.01="" ppm.="" the="" proposed="" analytical="" method="" is="" extracting="" pt807-hcl="" from="" whole="" oranges,="" juice,="" and="" dried="" pulp="" using="" organic="" solvents="" has="" been="" validated.="" extracted="" pt807-hcl="" residues="" are="" analyzed="" using="" high="" performance="" liquid="" chromatography="" (hplc)="" with="" a="" uv="" detector.="" the="" limit="" of="" quantitation="" (loq)="" of="" the="" method="" is="" 0.01="" part="" per="" million="" (ppm).="" epa="" has="" determined="" that="" the="" petition="" contains="" data="" or="" information="" regarding="" the="" elements="" set="" forth="" in="" section="" 408(d)(2)="" of="" the="" ffdca;="" however,="" epa="" has="" not="" fully="" evaluated="" the="" sufficiency="" of="" the="" submitted="" data="" at="" this="" time="" or="" whether="" the="" data="" supports="" granting="" of="" the="" petition.="" additional="" data="" may="" be="" needed="" before="" epa="" rules="" on="" the="" petition.="" a.="" residue="" chemistry="" plant="" metabolism.="" the="" metabolism="" of="" pt807-hcl="" in="" plants="" and="" animals="" is="" understood.="" in="" plants="" (oranges),="" unchanged="" parent="" is="" the="" only="" residue="" identified="" in="" fruit.="" valencia="" orange="" trees="" were="" treated="" with="">14C PT807-HCl at a nominal rate of 1,000 ppm (approximately 
    60x the maximum recommended application rate). Fruit from the previous 
    season's crop present on the tree at the time of application was 
    harvested 50 days after treatment (DAT) and mature fruit (not present 
    on the tree at application) was harvested 370 DAT. Total radioactive 
    residue (TRR) levels were 0.538 ppm in 50 DAT orange samples and were 
    0.051 ppm in 370 DAT orange samples. Most of the radioactivity was 
    present on the peel (88.63% TRR or 0.475 ppm in the 50 DAT fruit, and 
    64.19% TRR or 0.033 ppm in the 370 DAT fruit). Unchanged parent PT807-
    HCl was detected in 50 DAT mature fruit using organic solvents has been 
    validated. Extracted PT807-HCl residues are analyzed using HPLC with a 
    UV detector. The LOQ of the method is 0.01 ppm.
    
    B. Toxicological Profile
    
        1. Acute toxicity. A battery of acute toxicity studies has been 
    conducted and the results indicate that PT807-HCl exhibits low acute 
    oral, dermal, and inhalation toxicity. PT807-HCl also has low potential 
    as a skin or eye irritant and is not a skin sensitizer.
        2. Genotoxicity. The genotoxic potential of PT807-HCl has been 
    assessed in an Ames Salmonella assay, a CHO HGPRT gene mutation assay, 
    a mouse micronucleus assay, and an in vitro CHO assay for chromosomal 
    aberrations. The in vitro chromosomal aberration assay was positive 
    with and without metabolic activation; however, all of the remaining 
    assays were negative, indicating very low genotoxic potential of PT807 
    weakened by the negative finding in an in vivo study (mouse 
    micronucleus) measuring a similar endpoint.
        3. Reproductive and developmental toxicity. A 2-generation 
    reproductive toxicity study of PT807-HCl is ongoing.
        4. Analytical method. An analytical method capable of extracting 
    PT807-HCl from whole oranges, juice, and dried pulp using organic 
    solvents has been validated. Extracted PT807-HCl residues are analyzed 
    using high performance liquid chromatography (HPLC) with a UV detector. 
    The limit of quantitation (LOQ) of the method is 0.01 ppm.
        5. Magnitude of residues. Seventeen field trials were conducted 
    using various varieties of oranges in California (4 trials), Florida 
    (12 trials), and Texas (1 trial). Two of the trials (1 in California 
    and 1 in Florida) were decline studies with sampling intervals of 0, 7, 
    14, 30, and 60 days after application. For all other trials, oranges 
    were harvested at the earliest possible time for normal commercial 
    harvest after a single application with PT807-HCl at the maximum 
    recommended application rate (6 g a.i./A). At some of the test sites 
    (depending on the variety of oranges), the previous season's crops was 
    present on the tree at application for these trials, oranges were 
    collected 0 to 68 days after treatment (DAT). In all other trials, 
    fruit were not present on the trees at applications and mature oranges 
    were collected at normal harvest (197 to 359 DAT). Samples were 
    analyzed for residues of PT807-HCl by HPLC with UV detection. Residues 
    of PT807-HCl were nondetectable (<0.01 ppm)="" in="" all="" treated="" and="" control="" samples.="" a="" processing="" study="" was="" conducted="" using="" oranges="" treated="" at="" 5x="" the="" maximum="" application="" rate="" in="" california.="" the="" harvested="" oranges="" were="" from="" the="" previous="" season's="" crop="" and="" were="" on="" the="" tree="" at="" the="" time="" of="" application.="" therefore="" the="" application="" represents="" the="" maximum="" possible="" residues.="" no="" detectable="" residues="" were="" measured="" in="" whole="" oranges,="" juice,="" or="" oil.="" residues="" of="" pt807-hcl="" were="" detectable="" in="" dried="" pulp="" at="" 0.015="" and="" 0.017="" ppm="" (average="" 0.016="" ppm).="" correcting="" the="" measured="" residues="" for="" the="" exaggerated="" application="" rate,="" no="" detectable="" residues="" are="" likely="" in="" any="" processed="" product="" of="" oranges.="" residues="" of="" pt807-hcl="" were="" determined="" to="" be="" stable="" in="" whole="" orange="" fruit,="" oil,="" juice,="" and="" dried="" pulp="" stored="" frozen="" up="" to="" 113="" days.="" 6.="" subchronic="" toxicity.="" subchronic="" toxicity="" studies="" have="" been="" conducted="" with="" pt807-hcl="" in="" mice,="" rats,="" and="" dogs.="" in="" dietary="" studies="" in="" rats="" and="" dogs,="" the="" most="" notable="" findings="" include="" decreased="" food="" consumption="" and="" a="" consequent="" decrease="" in="" bodyweight="" gain.(resulting="" primarily="" from="" poor="" palatability="" of="" the="" test="" material).="" dogs="" also="" showed="" a="" trend="" toward="" anemia,="" and="" males="" showed="" arrested="" or="" delayed="" sexual="" maturation="" at="" the="" high="" dose="" (equivalent="" to="" approximately="" 222="" mg/="" kg/day).="" marked="" weight="" loss="" and="" decreased="" weight="" gain="" was="" observed="" at="" this="" dose="" and="" this="" dose="" level="" is="" considered="" to="" have="" exceeded="" a="" mtd.="" rats="" dosed="" by="" gavage="" showed="" signs="" of="" neurotoxic="" effects="" (tremors,="" incoordination,="" changes="" in="" activity)="" at="" doses="" 3--="" mg/kg/day.="" in="" mice="" treatment-related="" decreased="" food="" consumption="" and="" body="" weight="" gain="" were="" seen="" in="" males="" at="" 7,000="" (hdt).="" no="" treatment-related="" toxicity="" was="" evident="" at="" dietary="" doses="" up="" to="" 3,500="" ppm="" (479="" and="" 635="" mg/kg/day="" for="" males="" and="" females,="" respectively).="" 7.="" chronic="" toxicity.="" chronic="" toxicity="" studies="" of="" pt807-hcl="" in="" rats="" and="" doges="" are="" currently="" ongoing.="" 8.="" animal="" metabolism.="">14CPT807-HCl was extensively 
    metabolized and readily eliminated in the urine and feces following 
    oral administration to a lactating goat. The efficient elimination 
    processes resulted in negligible to modest retention of radioactive 
    residues in milk and tissues (<0.2 %="" of="" the="" administered="" dose).="" no="" residues="" of="" unchanged="" parent="" were="" identified="" in="" tissues="" or="" milk.="" the="" rapid="" elimination="" of="" the="" pt807-hcl="" and="" its="" metabolites="" [[page="" 1461]]="" coupled="" with="" the="" highly="" exaggerated="" dose="" (approximately="" 3,600x="" the="" dietary="" burden)="" clearly="" indicates="" that="" no="" detectable="" residues="" of="" pt807-="" hcl="" will="" accumulate="" in="" milk="" and="" tissues.="" 9.="" metabolite="" toxicology.="" the="" metabolism="" of="" pt807-hcl="" in="" oranges="" has="" been="" determined.="" the="" only="" significant="" metabolite="" is="" unchanged="" parent.="" no="" detectable="" residues="" of="" pt807-hcl="" are="" anticipated="" in="" oranges="" treated="" at="" the="" recommended="" application="" rate.="" c.="" aggregate="" exposure="" 1.="" dietary="" exposure.="" there="" are="" no="" anticipated="" dietary="" exposures="" to="" pt807-hcl="" outside="" of="" those="" requested="" in="" this="" temporary="" tolerance="" petition.="" the="" chronic="" dietary="" exposure="" from="" the="" consumption="" of="" oranges="" and="" its="" processed="" products="" treated="" with="" pt807-hcl="" is="" very="" low.="" the="" exposure="" is="" only="" 5.0="" %="" of="" the="" rfd="" (0.00063="" mg/kg/day)="" for="" the="" most="" highly="" exposed="" sub-population,="" children="" 1="" to="" 6="" years="" old.="" the="" dietary="" exposure="" is="" only="" 1.7%="" of="" the="" rfd="" (0.00021="" mg/kg/day)="" for="" the="" u.s.="" population.="" 2.="" food.="" the="" proposed="" temporary="" tolerance="" of="" 0.01="" ppm="" was="" used="" for="" the="" residue="" level="" to="" calculate="" the="" dietary="" exposure="" from="" residues="" of="" pt807-hcl="" in="" or="" on="" oranges.="" based="" on="" the="" processing="" study,="" there="" is="" no="" anticipated="" concentration="" of="" residues="" of="" pt807-hcl="" in="" processed="" products="" of="" oranges,="" therefore,="" the="" proposed="" temporary="" tolerance="" level="" for="" whole="" oranges="" was="" also="" used="" for="" the="" processed="" commodities.="" for="" the="" purpose="" of="" calculating="" a="" worst-case="" estimate,="" it="" was="" assumed="" that="" 100%="" of="" the="" oranges="" and="" their="" processed="" products="" were="" treated="" with="" pt807-="" hcl.="" 3.="" drinking="" water.="" based="" on="" the="" results="" of="" the="" geneec="" model,="" the="" 56-day="" chronic="" eec="" (calculated="" from="" the="" lowest="">oc value 
    measured for PT807-HCl) is 0.315 g/L. Using the standard 
    drinking water consumption scenarios of 2 liters per day for a 70-kg 
    adult and 1 liter per day for a 10 kg child, the calculated consumption 
    of PT807-HCl in drinking is 0.009 g/kg/day for an adult and 
    0.032 g/kg/day for a child. These consumption values 
    correspond to 0.7% of the RfD for adults and 2.6% of the RfD for 
    children. As discussed above, drinking water concentrations calculated 
    by the GENEEC procedure represent very conservative screening level 
    assessments of drinking water exposure. Finally, the above drinking 
    water calculations use the water concentration calculated from the 
    lowest Koc value measured for PT807-HCl. Three of four soils 
    tested gave Koc values that are more than 10-fold higher, 
    leading to correspondingly lower calculated water concentrations.
        4. Non-dietary exposure. There are currently no registered uses for 
    PT807-HCl, and therefore, there is no anticipated non-occupational 
    exposure to the chemical.
    
    D. Cumulative Effects
    
        GMJA Specialities is not aware of any currently registered products 
    that are structurally similar to PT-807-HCl or that would be likely to 
    share a common mechanism of action. Therefore, no cumulative exposures 
    are considered in the PT807-HCl dietary risk assessment.
    
    E. Safety Determination
    
        1. U.S. population. The chronic dietary exposure from the 
    consumption of oranges and its processed products treated with PT807-
    HCl is very low. The exposure is only 5.0 % of the RfD (0.00063 mg/kg/
    day) for the most highly exposed sub-population, children 1 to 6 years 
    old. The dietary exposure is only 1.7% of the RfD (0.00021 mg/kg/day) 
    for the U.S. population.
        2. Infants and children. The reference dose is conservatively 
    calculated using a very high (10,000-fold ) safety factor for children. 
    Based on currently available data, PT807-HCl does not present a unique 
    hazard to infants or children and there is no evidence that children 
    are likely to be more sensitive to the toxic effects of PT807-HCl. A 2-
    generation reproductive toxicity study with PT807-HCl in rats is 
    currently ongoing. PT807-HCl showed evidence of developmental effects 
    in rats only at a severely maternally toxic dose level. No evidence of 
    developmental toxicity was seen in rabbits.
    
    F. International Tolerances
    
        There are no Codex Alimentarius Commission (Codex Maximum Residue 
    Levels (MRLs) for PT807-HCl.    (PM 22)
    
    3. Rohm & Haas Company
    
    PP 3F4229
    
        EPA has received a pesticide petition (PP 3F4229) from Rohm & Haas 
    Company, Philadelphia, PA, proposing pursuant to section 408(d) of the 
    Federal Food, Drug and Cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR 
    part 180 by establishing a tolerance for residues of oxyfluorfen in or 
    on the raw agricultural commodities peanut meat, meal, vine, hay, crude 
    oil, soap stock, and refined oil at 0.05 ppm and peanut hulls at 0.10 
    ppm. The proposed analytical method involves extraction from the raw 
    agricultural commodity with methanol or acetonitrite. Extracts are 
    refluxed in presence of NaOH and Al to reduce and or hydrolyze residues 
    to 4-(2-chloro-4-(trifluoromethyl)-phenoxy)-2-ethoxybenzenenamine. The 
    derivatives are partitioned into hexane and heptafluorobutyryl 
    derivatives prepared. Following Florisel cleanup, residues are 
    determined by electron capture GLC. EPA has determined that the 
    petition contains data or information regarding the elements set forth 
    in section 408(d)(2) of the FFDCA; however, EPA has not fully evaluated 
    the sufficiency of the submitted data at this time or whether the data 
    supports granting of the petition. Additional data may be needed before 
    EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant and animal metabolism. The chemical identities of 
    potential plant residues resulting from the use of oxyfluorfen have 
    been elucidated. The principal residue in plants is parent oxyflurofen.
        The chemical identities of potential animal residues resulting from 
    consumption of oxyfluorfen-treated crops have been elucidated. Parent 
    oxyfluorfen is the principal residue in animal tissues. Oxyfluorfen 
    residues do not transfer to milk (concentration <0.01 ppm="" at="" 10x="" dose).="" residues="" also="" do="" not="" appreciably="" transfer="" to="" cow="" muscle,="" liver="" and="" kidney="" (highest="" level="" 0.011="" ppm="" at="" 10x="" dose).="" residues="" are="" present="" in="" cow="" fat="" at="" low="" levels="" (less="" than="" 0.01="" at="" 1x="" dose).="" residues="" in="" eggs="" and="" hen="" liver="" are="" 0.02="" ppm="" or="" less="" on="" average="" at="" a="" 1x="" dose,="" and="" less="" than="" 0.01="" ppm="" in="" muscle="" at="" the="" 1x="" dose.="" residues="" approach="" 0.2="" ppm="" in="" hen="" fat="" at="" the="" 1x="" dose.="" 2.="" analytical="" method.="" there="" is="" a="" practical="" analytical="" method="" for="" detecting="" and="" measuring="" levels="" of="" oxyfluorfen="" in="" or="" on="" food="" with="" a="" limit="" of="" detection="" that="" allows="" monitoring="" of="" food="" with="" residues="" at="" or="" above="" the="" levels="" in="" these="" proposed="" tolerances.="" epa="" has="" provided="" information="" on="" this="" method="" to="" fda.="" the="" method="" is="" available="" to="" anyone="" who="" is="" interested="" in="" pesticide="" residue="" enforcement="" from:="" by="" mail,="" calvin="" furlow,="" public="" response="" and="" program="" resources="" branch,="" field="" operations="" division="" (7502c),="" office="" of="" pesticide="" programs,="" environmental="" protection="" agency,="" 401="" m="" st.,="" sw.,="" washington,="" dc="" 20460.="" office="" location="" and="" telephone="" number:="" crystal="" mall="" #2,="" rm.="" 1132,="" 1921="" jefferson="" davis="" highway,="" arlington,="" virginia,="" 703-305-5805.="" 3.="" magnitude="" of="" the="" residues.="" residue="" studies="" have="" been="" conducted="" in="" accordance="" with="" the="" geographic="" distribution="" mandated="" by="" the="" epa="" for="" peanuts.="" oxyfluorfen="" residues="" were="" not="" detectable="" in="" nutmeat="" [ndr="">80 mg/kg/day (NOEL 20 
    mg/kg/ day) in a rat 2-generation reproduction study.
        4. Subchronic and chronic toxicity. Adverse effects on the liver 
    marked the LOEL in all three chronic toxicity studies with NOELs of 
    2.5, 2.0, and 0.3 mg/kg/day seen in the dog, rat, and mouse studies 
    respectively. A statistically significant positive dose-related trend 
    for liver adenomas and carcinomas was observed in the chronic mouse 
    study and oxyfluorfen is classified as a Group C chemical by EPA. A 
    reference dose of 0.003 mg/kg/day and a Q1* of 0.128 (mg/kg/
    day) -1 has been set by the Agency.
        5. Animal metabolism. Animal metabolism studies have been conducted 
    on farm animals using laying hens and lactating goats and in a 
    laboratory animal (rat). These studies were reviewed and accepted by 
    the Agency. EPA has concluded that the metabolism of oxyfluorfen in 
    animals is adequately understood.
    
    C. Aggregate Exposure
    
        1. Food. To determine chronic (using the RfD) and cancer (using the 
    Q1* approach) risks, refined dietary exposure estimates 
    using percent of crop treated and anticipated residues were utilized 
    for registered uses of oxyfluorfen with established tolerances on the 
    following food and/or animal feed items: dates, figs, guava, loquats, 
    olives, papaya, persimmon, pomegranate, plantains, kiwi, cocoa butter, 
    coffee, artichokes, taro-roots and greens, garlic, shallots, 
    cauliflower, bok-choy, and other Chinese variety cole crops, dry beans, 
    crabapples, quince, blackberry, raspberry, Brazil nut, cashew, 
    chestnuts, hazelnuts, hickory nuts, macadamias, pecans, horseradish, 
    peppermint, spearmint, pistachio nuts, cotton, cherries, nectarines, 
    plums, prunes, almonds, walnuts, bananas, broccoli, cabbage, apricots, 
    nutmeat, milk, onions, soybeans, apples, pears, peaches, grapes, and 
    corn. Actual residues are expected to be quite low because the majority 
    of the use patterns direct sprays onto weeds or soil and away from the 
    crop. There are long preharvest intervals for sprays which are directly 
    applied to crops.
        Acute dietary exposure (food only) was calculated using the TMRC 
    (worst case) assumptions.
        2. Drinking water. The Agency has reviewed environmental fate data 
    which indicate that oxyfluorfen is persistent but nonmobile. There is 
    no established Maximum Concentration Level (MCL) for residues of 
    oxyfluorfen in drinking water. No health advisory levels for 
    oxyfluorfen in drinking water have been established. As noted in 
    ``Pesticides in Groundwater Database'' EPA 734-12-92-001, September 
    1992, 188 wells were monitored in Texas in 1987 and 1988. No detectable 
    residues of oxyfluorfen were found in any of the samples.
        While EPA has not yet pinpointed the appropriate bounding figure 
    for consumption of contaminated water, the ranges the Agency is 
    continuing to examine are all below the level that would cause 
    oxyfluorfen to exceed the RfD if the tolerance being considered in this 
    document were granted. In addition, chronic exposure to oxyfluorfen 
    residues resulting from potential water exposure would not increase the 
    total cancer risk so that it exceeds the Agency's level of concern. The 
    potential exposures associated with oxyfluorfen in water, even at the 
    higher levels the Agency is considering as a conservative upper bound 
    for RfD exposure considerations, would not prevent the Agency from 
    determining that there is a reasonable certainty of no harm if the 
    tolerance is granted.
        Despite the potential for acute exposure to oxyfluorfen in drinking 
    water, it is not expected that the aggregate acute exposure will exceed 
    the Agency's level of concern if the tolerance being considered in this 
    document were granted. The potential acute term exposures associated 
    with oxyfluorfen in water, even at the higher levels the Agency is 
    considering as a conservative upper bound, would not prevent the Agency 
    from determining that there is a reasonable certainty of no harm if the 
    tolerance is granted.
        3. Non-dietary exposure. Oxyfluorfen is registered for outdoor 
    residential use. Acceptable, reliable data are not currently available 
    with which to assess acute risk. However, based on the available 
    residential exposure data and the best professional judgment of 
    scientists who have worked with the available occupational exposure 
    data, 5% of the risk for outdoor residential uses is a reasonable, 
    protective default assumption for this pesticide. Chronic exposure to 
    oxyfluorfen residues resulting from potential outdoor residential 
    exposure would not increase the total chronic or cancer risks so that 
    they exceed the Agency's level of concern.
        Theoretically, it is also possible that a residential, or other 
    non-dietary, exposure could be combined with the acute total dietary 
    exposure from food and water. However, the Agency does not believe that 
    aggregating multiple exposure to large amounts of pesticide residues in 
    the residential environment via multiple products and routes for a one-
    day exposure is a reasonably probable event. It is highly unlikely 
    that, in one day, an individual would have multiple high-end exposures 
    to the same pesticide by treating their lawn and garden, treating their 
    house via crack and crevice application, swimming in a pool, and be 
    maximally exposed in the food and water consumed.
    
    D. Cumulative Effects
    
        EPA does not have, at this time, available data to determine 
    whether oxyfluorfen has a common mechanism of toxicity with other 
    substances or how to include this pesticide in a cumulative risk 
    assessment. Unlike other pesticides for which EPA has followed a 
    cumulative risk approach based on a common mechanism of toxicity, 
    oxyfluorfen does not appear to produce a toxic metabolite produced by 
    other substances. For the purposes of this tolerance action, therefore, 
    EPA has not assumed that oxyfluorfen has a common mechanism of toxicity 
    with other substances.
    
    E. Endocrine Effects
    
        The toxicity studies required by EPA for the registration of 
    pesticides measure numerous endpoints with sufficient sensitivity to 
    detect potential endocrine-modulating activity. No effects have been 
    identified in subchronic, chronic, reproductive, or developmental 
    toxicity studies to indicate any endocrine-modulating activity by 
    oxyfluorfen.
    
    [[Page 1463]]
    
    More importantly, the multi-generation reproduction study in rodents is 
    a complex study design which measures a broad range of endpoints in the 
    reproductive system and in developing offspring that are sensitive to 
    alterations by chemical agents. Oxyfluorfen has been tested in two 
    separate multi-generation studies and each time the results 
    demonstrated that oxyfluorfen is not a reproductive toxin.
    
    F. Safety Determination
    
        1. U.S. population-- i. Chronic RfD and cancer risk. Using the 
    refined dietary exposure assumptions described above and taking into 
    account the completeness and reliability of the toxicity data, it is 
    concluded that aggregate dietary exposure (food only) to oxyfluorfen 
    will utilize 0.04% of the RfD for the general United States population. 
    EPA has no concern generally for exposures below 100% of the RfD 
    because the RfD represents the level at or below which daily aggregate 
    dietary exposure over a lifetime will not pose appreciable risks to 
    human health. Despite the potential for exposure to oxyfluorfen in 
    drinking water and from the 5% default-level contribution from non-
    dietary, nonoccupational exposure, it is not expected the aggregate 
    exposure will exceed 100% of the RfD. As noted above, oxyfluorfen has 
    been classified as a Group C chemical by the Agency based on liver 
    adenomas and carcinomas in the 20-month mouse feeding study. The Agency 
    recommends using the Q1* approach to assess cancer risk. A 
    value of 0.067 (mg/kg/day)-1 is recommended.
        The refined dietary assumptions for existing oxyfluorfen tolerances 
    plus those proposed for peanuts result in an Anticipated Residue 
    Contribution (ARC) that is equivalent to a risk of 8.0 x 
    10-8 (food only). Actual residues are expected to be quite 
    low because the majority of the use patterns direct sprays onto weeds 
    and away from the crop and there are long preharvest intervals for 
    sprays which are directly applied to crops. Environmental fate data 
    indicate that oxyfluorfen strongly adheres to soil, does not leach into 
    groundwater and has not been detected in sampled groundwater. Based on 
    this information, occurrence of oxyfluorfen in drinking water is 
    unlikely. Outdoor residential uses of oxyfluorfen are limited and 
    exposure is expected to be low. Oxyfluorfen is toxic to lawn grasses 
    and certain ornamental plants, and use is generally limited to spot 
    treatments for nonselective weed control. Chronic exposure to 
    oxyfluorfen residues resulting from potential residential and/or water 
    exposure would not increase the total cancer risk so that it exceeds 
    the Agency's level of concern. There is a reasonable certainty that no 
    harm will result from chronic aggregate exposure to oxyfluorfen 
    residues.
        ii. Acute risk. The acute dietary exposure endpoint of concern for 
    oxyfluorfen is fused sternebrae in developing pups which was observed 
    in the rabbit developmental study. The population subgroup of concern 
    is females 13+ years old (women of childbearing age). For this 
    subgroup, the calculated MOE at the high end exposure is greater than 
    5,000. The Agency considers dietary (food) MOEs of greater than 100 to 
    be acceptable for oxyfluorfen. Acute dietary exposure (food only) was 
    calculated using the TMRC (worst case) assumptions.
        In the absence of data for drinking water exposure, the ranges of 
    exposure being considered by the Agency for consumption of contaminated 
    water will be reserved for drinking water. The aggregate MOE level of 
    concern for dietary plus the addition of upperbound estimates for 
    drinking water is not likely to raise the MOE level of concern above 
    150. Despite the potential for acute exposure to oxyfluorfen in 
    drinking water, it is not expected that the aggregate exposure will 
    exceed the Agency's level of concern if the tolerance being considered 
    in this document were granted. It is therefore concluded that the 
    potential acute exposure associated with oxyfluorfen in water, even at 
    the higher levels the Agency is considering as a conservative upper 
    bound, would not prevent the Agency from determining that there is a 
    reasonable certainty of no harm if the tolerance is granted.
        2. Infants and Children. The toxicology database is complete for 
    oxyfluorfen relative to prenatal and postnatal toxicity. In the 
    developmental toxicity study in rabbits, at the maternally toxic dose 
    of 30 mg/kg/day, there were developmental anomalies (fused sternebrae) 
    in the fetuses which demonstrated that prenatal toxicity should be 
    evaluated by an acute dietary risk estimate. The acute dietary MOE for 
    pregnant women 13+ years old is greater than 5,000 based on a 
    developmental NOEL of 10 mg/kg/day. This MOE is much higher than the 
    minimal acceptable MOE (100 for dietary-food only) and suggests that 
    prenatal developmental risks to infants and children from exposure to 
    oxyfluorfen dietary residues is not a concern. Additionally, the rabbit 
    developmental NOEL of 10 mg/kg/day is 33 times greater than the NOEL of 
    0.3 mg/kg/day used to calculate the RfD. In the developmental toxicity 
    study in rats, both the developmental and maternal NOEL and LOEL of 18 
    and 183 mg/kg/day, respectively, occurred at the same dose levels and 
    demonstrates that there is no special sensitivity in infants and 
    children exposed to oxyfluorfen. Although the developmental findings in 
    the rat were severe effects, the developmental NOEL of 18 mg/kg/day is 
    greater than the rabbit developmental NOEL of 10 mg/kg/day used to 
    calculate acute dietary MOEs. Therefore, the acute dietary risk 
    estimates calculated from the rabbit developmental NOEL are lower than 
    acute dietary MOEs which could be calculated for the more severe 
    effects occurring in rats above the NOEL of 18 mg/kg/day. By basing the 
    acute dietary MOEs on the NOEL in the most sensitive species (rabbit), 
    pregnant women are protected against both types of prenatal toxicity 
    effects as seen in the rat and rabbit developmental toxicity studies. 
    Therefore, there are no significant prenatal toxicity concerns for 
    infants and children due to the high MOE for pregnant women 13+ years 
    old. In the 2-generation reproductive toxicity study in rats used to 
    assess the postnatal toxicity potential of infants and children, the 
    NOEL and LOEL of 20 mg/kg/day and 80 mg/kg/day, respectively, for 
    developmental/reproductive and systemic toxicity demonstrated that 
    there are no pup toxicity effects in the absence of parental toxicity 
    (NOEL and LOEL are the same for pups and parental animals). Therefore, 
    there are no special postnatal sensitivities in infants and children 
    which can be attributed to the findings of the 2-generation 
    reproductive toxicity study in rats. Additionally, the developmental/
    reproductive NOEL of 20/mg/kg/day [which is the NOEL for decreased 
    litter size at birth as well as decreased pup body weight] and the 
    parental systemic NOEL of 20 mg/kg/day is 66 times greater than the 
    NOEL of 0.3 mg/kg/day used to calculate the RfD.
        Based on the above, EPA concludes that reliable data support use of 
    the standard hundredfold margin of exposure/uncertainty factor and that 
    an additional margin/factor is not needed to protect the safety of 
    infants and children.
        i. Chronic risk. Using the refined exposure assumptions described 
    above and taking into account the completeness and reliability of the 
    toxicity data, it is concluded that aggregate dietary exposure to 
    oxyfluorfen will utilize 0.05% of the RfD for infants and 0.08% of the 
    RfD for children. EPA generally has no concern for exposures below 100% 
    of the RfD because the RfD represents the level at
    
    [[Page 1464]]
    
    or below which daily aggregate dietary exposure over a lifetime will 
    not pose appreciable risks to human health. Despite the potential for 
    exposure to oxyfluorfen in drinking water and from non-dietary, 
    nonoccupational exposure, the chronic aggregate exposure is not 
    expected to exceed 100% of the RfD. There is a reasonable certainty 
    that no harm will result to infants and children from chronic aggregate 
    exposure to oxyfluorfen residues.
        ii. Acute risk. As mentioned above, the acute dietary exposure 
    endpoint of concern for oxyfluorfen is fused sternebrae in developing 
    pups which was observed in the rabbit developmental study. The 
    population subgroup of concern is females 13+ years old (women of 
    childbearing age). For this subgroup, the calculated MOE at the high 
    end exposure is greater than 5,000. The Agency considers dietary (food) 
    MOEs of greater than 100 to be acceptable for oxyfluorfen. Acute 
    dietary exposure (food only) was calculated using the TMRC (worst case) 
    assumptions.
        In the absence of data for drinking water exposure, the ranges of 
    exposure being considered by the Agency for consumption of contaminated 
    water will be reserved for drinking water. Based on the ranges under 
    consideration, the aggregate MOE level of concern for dietary plus the 
    addition of drinking water is not likely to raise the MOE above the 
    Agency's level of concern. The large MOE calculated for this use of 
    oxyfluorfen provides assurance that there is a reasonable certainty of 
    no harm for infants and children.
    
    G. International Tolerances
    
        There are no Codex Alimentarius Commission (CODEX) maximum residue 
    levels (MRL's) established for residue of oxyfluorfen in or on raw 
    agricultural commodities.    (PM 23)
    [FR Doc. 98-557 Filed 1-8-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
01/09/1998
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
98-557
Dates:
Comments, identified by the docket control number PF-786, must be received on or before February 9, 1998.
Pages:
1456-1464 (9 pages)
Docket Numbers:
PF-786, FRL-5762-6
PDF File:
98-557.pdf