97-28640. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
    [Notices]
    [Pages 56173-56180]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-28640]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-771; FRL-5749-7]
    
    
    Notice of Filing of Pesticide Petitions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    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-771, must 
    be received on or before November 28, 1997.
    
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    ADDRESSES: By mail submit written comments to: Public Information and 
    Records Integrity Branch, Information Resources and Services Division 
    (7502C), 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: By mail: Sidney C. Jackson, 
    Registration Division (7505C), Office of Pesticide Programs, 401 M St., 
    SW., Washington, DC 20460. Office location and telephone number, Rm. 
    274, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA., 703-
    305-7610, e-mail: jackson.sidney@epamail.epa.gov.
    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-771] (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 6.1 or ASCII file format. 
    All comments and data in electronic form must be identified by the 
    docket number [PF-771] 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: October 22, 1997
    
    Peter Caulkins,
     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. IR-4 Project
    
    PP 2E4044 and 3E4164
    
        EPA has received pesticide petitions (PP 2E4044 and 3E4164) from 
    the Interregional Research Project number 4 (IR-4), 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 tolerances for 
    residues of Triadimefon, 1-(4-Chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-
    triazol-1-yl)-2-butanone, and its metablolites containing chlorophenoxy 
    and triazole moieties expressed as the fungicide in or on the raw 
    agricultural commodities artichoke, globe at 0.6 parts per million 
    (ppm) and pome fruits group (Crop Group 11) at 0.2 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 support granting of the petition. Additional data 
    may be needed before EPA rules on the petition. This notice includes a 
    summary of each petition prepared by the Bayer Corporation(Bayer), the 
    registrant.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The nature of the residue in plants and 
    animals is adequately understood. The residue of concern is triadimefon 
    and its triazole and chlorophenoxy metabolites. Triadimefon is rapidly 
    absorbed by plants and translocated systemically in the young growing 
    tissue.
        2. Analytical method. Adequate analytical methods are available for 
    analysis of triadimefon and its triazole and chlorophenoxy metabolites 
    in or on artichokes. These methods are available in PAM II as Method I.
        3. Magnitude of residues. Three separate residue trials have been 
    conducted on globe artichokes and submitted to the EPA. The EPA has 
    determined that these data show that residues of triadimefon and its 
    metabolites containing chlorophenoxy and triazole moieties (expressed 
    as the fungicide) in the raw agricultural commodity artichokes, globe 
    will not exceed the proposed tolerance of 0.6 ppm.
        For pome fruits and as part of the reregistration requirements for 
    triadimefon, Bayer has submitted nine trials on apples and six trials 
    on pears to the EPA. EPA's Chemistry Branch Tolerance Support has 
    concluded that these data are adequate to support the requested crop 
    group tolerance for triadimefon and its metabolites containing 
    chlorophenoxy and triazole moieties expressed as the fungicide in or on 
    pome fruit at 0.2 ppm.
        There are no livestock feed stuffs from globe artichokes and pome 
    fruits, therefore, secondary residues in meat, milk, poultry and eggs 
    are not expected.
    
    B. Toxicological Profile
    
        1. Acute toxicity. A rat acute oral study resulted in a lethal dose 
    (LD50) of 568  61 milligrams (mg)/kilogram (kg)
    
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    for males and 363  41 mg/kg for females. In a rabbit acute 
    dermal study a LD50 of >2,000 mg/kg was determined. A rat 
    acute inhalation study produced a lethal concentration 
    (LC50) of >3.570 mg/liter(l). A primary eye irritation study 
    in the rabbit showed practically no irritation. A primary dermal 
    irritation study showed practically no irritation and a primary dermal 
    sensitization study indicated that triadimefon is a skin sensitizer.
        2. Genotoxicity. Triadimefon has been found to be negative in the 
    Ames reverse mutation test and in the Structural Chromosome Aberration 
    Test.
        3. Reproductive and developmental toxicity. A rat developmental 
    toxicity study showed a maternal systemic no-observed-effect level 
    (NOEL) of 30 mg/kg/day and the lowest-observed-effect level (LOEL) 90 
    mg/kg/day. The NOEL for developmental toxicity was 30 mg/kg/day and the 
    LOEL was 90 mg/kg/day.
        In the developmental toxicity study in rabbits, the maternal 
    systemic NOEL was 50 mg/kg/day and the LOEL 120 mg/kg/day. The NOEL for 
    developmental toxicity was 20 mg/kg/day and the LOEL was 50 mg/kg/day. 
    Effects seen at the developmental lowest effect level(LEL) in the 
    rabbit study were irregular spinous process and ossification of various 
    bones.
        A 3-generation rat reproduction study showed decreases in maternal 
    body weight gain, fertility, and in litter size, pups survival during 
    the lactation phase, and pups weights. The maternal NOEL was 300 ppm 
    and the reproductive NOEL was 50 ppm.
        A 2-generation rat reproductive study showed reductions in litter 
    size, pups viability, birth and lactational weights. The reproductive 
    NOEL was 50 ppm.
        4. Subchronic toxicity. A 3-month feeding study in the rat produced 
    a NOEL of 2,000 ppm based on decreased body weight gain and food 
    consumption attributed to palatability. A rat 30-day feeding study 
    showed a NOEL of 10 mg/kg. A 13-week dog-feeding study resulted in a 
    NOEL of 2,400 ppm based on decreased body weight gain and food 
    consumption due to palatability. Test results also showed a decreased 
    hematocrit, RBC count, hemoglobin volume and microsomal induction. A 
    28-day rabbit dermal study produced a NOEL >250 mg/kg and a 21-day 
    inhalation study in rats showed a NOEL of 78.7 mg/cubic 
    meters(m3)/6 hrs. per day/ 15 exposures.
        5. Chronic toxicity. A 2-year rat chronic feeding study defined a 
    NOEL for systemic effect as 300 ppm (males = 16.4 mg/kg/day; females = 
    22.5 mg/kg/day). The systemic LOEL was 1,800 ppm (males = 114.0 mg/kg/
    day; females = 199.0 mg/kg/day) based on neoplastic and systemic 
    effects. A dog feeding study showed only minimal toxic effects decrease 
    in body weight, increase in liver weight and in hepatic N-demethylase 
    activity, and an increase in serum alkaline phosphatase activity. The 
    NOEL was established at 100 ppm. A mouse oncogenicity study showed 
    hepatocellular adenomas in both sexes of NMRI mice. The NOEL was 
    established for males at 50 ppm. No NOEL was reached for females. A 
    mouse carcinogenicity study using CF1-W74 mice was negative for 
    carcinogenicity.
        6. Animal metabolism. In a general rat metabolism study triadimefon 
    was initially converted by reduction of its carbonyl group. This 
    conversion was more rapid in males. The major metabolites were the acid 
    and alcohol of triadimefon. In males radioactivity was found mainly in 
    feces, whereas, in females, radioactivity was equally distributed 
    between urine and feces. No radioactivity was recovered in the expired 
    air. Peak tissue levels were found in 2 to 4 hours and were highest in 
    fat, liver and kidney.
        7. Endocrine effects. No special studies investigating potential 
    estrogenic or endocrine effects of triadimefon have been conducted. 
    However, the standard battery of required studies has been completed. 
    These studies include an evaluation of the potential effects on 
    reproduction and development, and an evaluation of the pathology of the 
    endocrine organs following repeated or long-term exposure. No adverse 
    effects were noted in any of the studies with either triadimefon or its 
    metabolites.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. For purposes of assessing the potential 
    dietary exposure from food under the proposed tolerances, the EPA 
    estimates exposure based on the Theoretical Maximum Residue 
    Contribution (TMRC). The TMRC is obtained by using a model which 
    multiplies the tolerance level residue for each commodity by 
    consumption data which estimates the amount of each commodity and 
    products derived from the commodities that are eaten by the U.S. 
    population and various population subgroups. The model uses a reference 
    dose (RfD) which the EPA has determined to be 0.04 milligrams(mg)/ 
    kilogram(kg)/day. This RfD is based on a 2-year dog feeding study with 
    a NOEL of 11.4 mg/kg/day and an uncertainty factor of 300. An 
    uncertainty factor of 300 was applied to account for inter-species 
    extrapolation (10), intra-species variability (10), and the lack of an 
    adequate reproduction study (3). Decreased food intake, depression in 
    weight gain, and significantly (p >0.05) increased alkaline phosphatase 
    activity in both sexes were the effects observed at the lowest effect 
    level (LEL). This assessment assumes 100% of all commodities will 
    contain triadimefon residues, and those residues would be at the level 
    of the tolerance for estimating potential human exposure.
        2. Food. Using assumptions discussed above, it was determined that 
    the TMRC for existing tolerances plus the proposed uses on globe 
    artichokes and pome fruits. For globe artichokes, the TMRC is 
    equivalent to 17% of the RfD for the US general population (48 states) 
    and 74% of the RfD for the highest population subgroup (non-nursing 
    infants >1 year old).
        For pome fruits, the TMRC for triadimefon derived from the 
    previously established tolerances plus the proposed 0.2 ppm tolerance 
    for this crop group (pome fruit) would be 0.003782 mg/kg body 
    weight(bwt)/day (9.5% of the RfD) for the U.S. population 48 states and 
    0.009549 mg/kg bwt/day (23.9% of the RfD) for the most highly exposed 
    population subgroup, children (1-6 year old). Therefore, Bayer 
    concludes that dietary exposure from the existing and proposed uses 
    will not exceed the reference dose for any subpopulation including 
    infants and children.
        For globe artichoke, the estimated acute dietary exposure is based 
    on a maternal NOEL of 10 mg/kg/day. The calculated Margin of Exposure 
    (MOE) for the general US population is 100 (at the 99th percentile); 
    for infants (>1 year old) 100 (at the 95th percentile); for children 
    (1-6 year old) 200 (at the 96th percentile); and for both females (13+ 
    years) and males (13+ years) 333 (at the 99th percentile). These values 
    are all at or above the MOE level EPA considers to provide an adequate 
    safety margin (100).
        3. Drinking water. Available data show that triadimefon and its 
    metabolites are mobile and persistent and have the potential to leach 
    into groundwater. There is no established Maximum Concentration Level 
    for residues of triadimefon in drinking water. No drinking water health 
    advisory levels have been issued for triadimefon or its metabolite 
    triadimefon. The ``Pesticides in Groundwater Database'' (EPA 734-12-92-
    001, September 1992) indicated that triadimefon was monitored for in 14 
    wells in California from 1984 to 1989. There were no detectable 
    residues (limit of detection was not stated).
        Previous experience with more persistent and mobile pesticides for
    
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    which there have been available data to perform quantitative risk 
    assessments have demonstrated that drinking water exposure is typically 
    a small percentage of the total exposure when compared to the total 
    dietary exposure. This observation holds even for pesticides detected 
    in wells and drinking water at levels nearing or exceeding established 
    maximum residue levels (MCL's). Best scientific judgement from 
    available data suggests that the potential exposure from residues of 
    triadimefon in drinking water, added to the current dietary exposure, 
    will not result in an exposure which exceeds the RfD.
        4. Non-dietary exposure. Triadimefon is currently registered for 
    use on turf and ornamentals. Studies were conducted by Bayer designed 
    to measure the upper bound acute exposure potential of adults and 
    children from contact with triadimefon treated turf. The population 
    considered to have the greatest potential exposure from contact with 
    pesticide treated turf soon after pesticides are applied are young 
    children. The estimated safe residue levels for triadimefon on treated 
    turf for 10-year old children ranged from 1.3 - 6.4 micro 
    gram(g)/centimeter(cm)2 and for 5-year old children 
    from 1.1 - 5.6 g/cm2. This compares with the 
    average triadimefon transferable residue level of 1.0 g/
    cm2 present immediately after the sprays have dried. Bayer 
    concludes from these studies that children can safely contact 
    triadimefon-treated turf as soon after application as the spray has 
    dried.
    
    D. Cumulative Effects
    
        At this time, the Agency has not made a determination that 
    triadimefon and other substances that may have a common mode of 
    toxicity would have cumulative effects. For purposes of this tolerance, 
    only the potential risks of triadimefon in its aggregate exposure are 
    being considered.
    
    E. Safety Determination
    
        1. U.S. population. Using the exposure assumptions described above 
    under aggregate exposure and based on the toxicity data, Bayer 
    concludes that aggregate dietary exposure to triadimefon from the 
    previously established tolerances plus the proposed use on globe 
    artichoke will utilize 17% of the RfD for the U.S. population (48 
    states) and 74% of the RfD for the most highly exposed population 
    subgroup (non-nursing infants >1 year old). In comparison, pome fruit 
    will vitilize 9.5% and 23.9% of the RfD for the same U.S. population 
    and for children (1-6 yrs), respectively. There is generally no concern 
    for exposures below 100 percent of the RfD because the RfD represents 
    the level at or below which daily aggregate exposure over a lifetime 
    will not pose appreciable risks to human health. Bayer concludes that 
    there is a reasonable certainty that no harm will result from aggregate 
    exposure to triadimefon.
        Bayer estimated acute dietary exposure using the maternal NOEL of 
    10 mg/kg/day and determined that the calculated MOE for each population 
    group is at or above the MOE level EPA considers to provide an adequate 
    safety margin.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of triadimefon, the 
    data from developmental studies in both rat and rabbit and a 2-
    generation reproduction study in the rat were considered. The 
    developmental toxicity studies evaluate any potential adverse effects 
    on the developing animal resulting from pesticide exposure of the 
    mother during prenatal development. The reproduction study evaluates 
    any effects from exposure to the pesticide on the reproductive 
    capability of mating animals through 2-generations, as well as any 
    observed systemic toxicity.
        Results of a rat and rabbit developmental toxicity studies and a 2-
    generation and 3-generation rat reproduction studies conducted with 
    triadimefon have been reviewed. Maternal and developmental toxicity 
    NOELs of 30 mg/kg/day were determined in the rat developmental toxicity 
    studies. In the rabbit developmental toxicity study, the maternal NOEL 
    was 50 mg/kg body weight(bwt)/day and the developmental NOEL was 20 mg/
    kg bwt/day. The rat reproduction studies were inconclusive.
        FFDCA Section 408 provides that EPA may apply an additional safety 
    factor for infants and children in the case of threshold effects to 
    account for pre- and post-natal effects and the completeness of the 
    toxicity database. Therefore, EPA has incorporated an additional 3-fold 
    uncertainty factor into the calculation of the RfD because of the 
    absence of an acceptable reproduction study.
        There is approximately a two-fold difference between the 
    developmental NOEL of 20 mg/kg/day from the rabbit developmental 
    toxicity study and the NOEL of 11.4 mg/kg/day from the 2-year dog 
    feeding study which was the basis of the RfD. It is further noted that 
    in the rabbit developmental toxicity study, the developmental NOEL of 
    20 mg/kg/day is lower than the maternal systemic NOEL of 50 mg/kg/day, 
    suggesting the possibility of increased sensitivity for the pre-natal 
    child.
        The TMRC value for the most highly exposed infant and children 
    subgroup (non-nursing infants >1 year old) occupies 74% of the RfD. 
    However, this calculation also assumes 100% crop treated and uses 
    tolerance level residues for all commodities. Refinement of the dietary 
    risk assessment by using percent of crop treated and anticipated 
    residue data would likely greatly reduce the dietary exposure estimate 
    and result in an anticipated residue contribution (ARC) which would 
    occupy a percent of the RfD that is substantially lower than the 
    currently calculated TMRC value.
        Should an additional uncertainty factor be deemed appropriate, when 
    considered in conjunction with a refined exposure estimate, Bayer 
    believes it is unlikely that the dietary risk will exceed 100 percent 
    of the RfD. Due to the completeness and reliability of the toxicity 
    data and the exposure assessment, Bayer believes there is a reasonable 
    certainty that no harm will result to infants and children from 
    aggregate exposure to triadimefon residues.
        Bayer estimated acute dietary exposure using the maternal NOEL of 
    10 mg/kg/day and determined that the calculated MOE for infants and 
    children population groups is at or above the MOE level EPA considers 
    to provide an adequate safety margin.
    
    F. International Tolerances
    
        There are no CODEX, Canadian, or Mexican MRLs for triadimefon 
    residues in/on globe artichokes. A CODEX MRL for triadimefon residues 
    in/on pome fruits has been established at 0.5 ppm.
    
    2. IR-4 Project
    
    PP 6E4652
    
        EPA has received a pesticide petition (PP 6E4652) from the 
    Interregional Research Project number 4 (IR-4), 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 the 
    combined residues of quizalofop-p ethyl ester [ethyl (R)-(2-[4-((6-
    chloroquinoxalin-2-yl) oxy)phenoxy])-propanoate), and its acid 
    metabolite quizalofop-p [R-(2-[4-((6-chloroquinoxalin-2-
    yl)oxy)phenoxy]) propanoic acid), and the S enantiomers of both the 
    ester and the acid, all expressed as quizalofop-p ethyl ester in or on 
    the raw agricultural commodities spearmint tops and peppermint tops at 
    3.0 parts 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
    
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    evaluated the sufficiency of the submitted data at this time or whether 
    the data support granting of the petition. Additional data may be 
    needed before EPA rules on the petition. This notice includes a summary 
    of the petition prepared by the DuPont Agricultural Products(DuPont), 
    the registrant.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The registrant has provided plant metabolism 
    studies for soybeans, cotton, tomatoes, potatoes, and sugar beets. 
    These studies have been previously reviewed in PP 3F4268. In summary, 
    quizalofop-p ethyl ester is metabolized by cleavage at three sites as 
    follows: (a) Primary pathway is hydrolysis of the ethyl ester to form 
    the quizalofop-p acid, then (b) cleavage of the enol ether linkage in 
    the acid, between the phenyl and quinoxalinyl rings, to form phenols, 
    and (c) cleavage of the ether linkage between the isopropanic group and 
    the phenyl ring to form a phenol.
        The plant metabolism data show that quizalofop-p ethyl ester does 
    not translocate, but is rapidly hydrolyzed to the corresponding acid; 
    then the phenols conjugate with the plant sugars. Metabolism studies in 
    soybeans using the racemic mixture quizalofop ethyl ester and the 
    resolved D+ isomer show nearly identical pathways.
        The nature of the quizalofop-p ethyl ester residue in cottonseed, 
    potatoes, tomatoes, soybeans, and sugar beets is adequately understood. 
    The residues of concern are quizalofop-p ethyl ester and its acid 
    metabolite, quizalofop-p, and the S enantiomers of both the ester and 
    the acid, all expressed as quizalofop-p ethyl ester. EPA is translating 
    these data to mint.
        2. Analytical method. An adequately validated residue analytical 
    method, LAN-1, was used to gather the magnitude of the quizalofop-p, 
    its acid metabolite, and residue data on mint hay and mint oil. Samples 
    were analyzed using MS30.00, an adaptation of Analytical Method for the 
    Quantification of Quizalofop (IN-YE945) and Quizalofop-Ethyl (DPX-
    79379) in Raw and Processed Agricultural Commodities, Protocol No. Lan-
    1, Enviro-Test Laboratory. (Reference Method: Determination of DPX-
    79376, DPX-79376 Acid and Conjugates as DPX-79376 as Acid in Cottonseed 
    and Fractions Treated with Assure (II Herbicide. DuPont Report No. AMR 
    1853-90).
        3. Magnitude of residues. The maximum residues detected on fresh 
    mint foliage at the proposed labeled level of DuPont's product, Assure, 
    of 0.2 pounds(lbs) active ingredient(ai) acre (1x) applied 30 days 
    before harvest were 0.22, 0.46, and 1.0 ppm for Indiana, Oregon and 
    Washington, respectively. The largest residue found on fresh mint 
    foliage, 2.6 ppm, was detected in a Washington sample treated with 0.4 
    lbs. acre (2x) 29 days before harvest, twice the maximum yearly rate 
    allowed. At the Level of Quantitation of 0.05 ppm, there were no 
    detectable residues in the mint oil, either at the proposed label rate 
    of 0.2 lbs. ai/acre(A), or at the exaggerated rate of 0.4 lbs. ai/A, 
    indicating that quizalofop-p ethyl and its acid metabolite are not 
    concentrated during the oil distillation process.
        Results of a freezer storage stability study demonstrated that the 
    two compounds, quizalofop-p ethyl ester and quizalofop acid, were 
    stable in frozen storage at -20 degrees centigrade for 592 to 593 days 
    in mint hay, and 597 days in oil. Field samples were stored a maximum 
    of 654 days.
        The residues detected in this study are well below the proposed 
    tolerances of 3.0 ppm for the raw agricultural commodity mint. The 
    nature of the residues is adequately understood and an adequate 
    analytical method is available for enforcement purposes. Based on the 
    information presented above, Dupont believes the establishment of the 
    proposed tolerance would protect the public health and would not expose 
    man or the environment to unreasonable adverse effects.
    
    B. Toxicological Profile
    
        1. Acute toxicity. Several acute toxicology studies were conducted 
    and the overall results placed technical grade quizalofop ethyl in 
    toxicity Category III. These include the following studies in Category 
    III: acute oral toxicity (LD50s 1,480 and 1,670 for female 
    and male rats, respectively) and eye irritation (mild effects; 
    reversible within 4 days). Dermal toxicity (lethal dose) 
    LD50 >5,000 milligram(mg)/kilogram(kg); rabbit), inhalation 
    toxicity (lethal concentration) LC50 >5.8 mg/liter(L); rat) 
    and dermal irritation were classified within Category IV. Technical 
    quizalofop ethyl was not a dermal sensitizer.
        2. Genotoxicity. Technical quizalofop ethyl was negative in the 
    following genotoxicity tests: bacterial gene mutation assays with E. 
    coli and S. typhimurium; gene mutation assays in Chinese hamster 
    ovary(CHO) cells ; in vitro DNA damage assays with B. subtillis and in 
    rat hepatocytes; and an in vitro chromosomal aberration test in CHO 
    cells.
        3. Reproductive and developmental toxicity. Studies supporting the 
    registration include: A developmental toxicity study in rats 
    administered dosage levels of 0, 30, 100, and 300 mg/kg/day (HDT). The 
    maternal toxicity no-observed-effect level (NOEL) was 30 mg/kg/day and 
    a developmental toxicity NOEL was greater than 300 mg/kg/day (HDT). The 
    maternal NOEL was based on reduced food consumption and increased liver 
    weights.
         A developmental toxicity study in rabbits administered dosage 
    levels of 0, 7, 20, and 60 mg/kg/day with no developmental effects 
    noted at 60 mg/kg/day (HDT). The maternal toxicity NOEL was 20 mg/kg/
    day based on decreases in food consumption and body weight gain at 60/
    mg/kg/day (HDT).
        A 2-generation reproduction study in rats fed diets containing 0, 
    25, 100 or 400 ppm (or approximately 1, 1.25, 5, and 20 mg/kg/day, 
    respectively) with a developmental (systemic effects) NOEL of 1.25 mg/
    kg/day for F2B weanlings based on increased liver weights and increased 
    incidence of eosinophilic changes in the livers at 5.0 mg/kg/day. These 
    liver changes were considered to be physiological or adaptive changes 
    to compound exposure among weanlings. When access to the mother's feed 
    is available, it is a common observation that young rats will begin 
    consuming chow prior to complete weaning at 21-days of age. Consumption 
    could not be quantified; therefore, the maternal consumption was 
    assumed as the NOEL (if normalized on a body weight basis, exposures to 
    the weanling rats were likely higher). The parental NOEL of 5.0 mg/kg/
    day was based on decreased body weight and premating weight gain in 
    males at 20 mg/kg/day (HDT).
        4. Subchronic toxicity. A 90-day study was conducted in rats fed 
    diets containing 0, 40, 128, 1,280 ppm (or approximately 0, 2, 6.4 and 
    64 mg/kg/day, respectively). The NOEL was 2 mg/kg/day. This was based 
    on increased liver weights at 6.4 mg/kg.
        A 90-day feeding study in mice was conducted with diets that 
    contained 0, 100, 316 or 1,000 ppm (or approximately 0, 15, 47.4, and 
    150 mg/kg/day, respectively). The NOEL was >15 mg/kg/day Lowest Dose 
    Tested (LDT) based on increased liver weights and reversible 
    histopathological effects in the liver at the LDT. A 6-month feeding 
    study in dogs was conducted with diets that contained 0, 25, 100 or 400 
    ppm (or approximately 0, 0.625, 2.5, and 10 mg/kg/day, respectively). 
    The NOEL was 2.5 mg/kg/day based on increased blood urea nitrogen at 10 
    mg/kg/day. A 21-day dermal study was conducted in rabbits at doses of 
    0, 125,
    
    [[Page 56178]]
    
    500 or 2,000 mg/kg/day. The NOEL was 2,000 mg/kg/day (HDT).
        5. Chronic toxicity. An 18-month carcinogenicity study was 
    conducted in CD-1 mice fed diets containing 0, 2, 10, 80 or 320 ppm (or 
    approximately 0, 0.3, 1.5, 12, and 48 mg/kg/day, respectively). There 
    were no carcinogenic effects observed under the conditions of the study 
    at levels up to and including 12 mg/kg/day. A marginal increase in the 
    incidence of hepatocellular tumors was observed at 48 mg/kg/day, the 
    highest dose tested (HDT) which exceeded the maximum tolerated dose 
    (MTD).
        A 2-year chronic toxicity/carcinogenicity study was conducted in 
    rats fed diets containing 0, 25, 100 or 400 ppm (or 0, 0.9, 3.7, and 
    15.5 mg/kg/day for males and 0, 1.1, 4.6, and 18.6 mg/kg/day for 
    females, respectively). There were no carcinogenic effects observed 
    under the conditions of the study at levels up to and including 18.6 
    mg/kg/day (HDT). The systemic NOEL was 0.9 mg/kg/day based on altered 
    red cell parameters and slight/minimal centrilobuler enlargement of the 
    liver at 3.7 mg/kg/day.
        A 1-year feeding study was conducted in dogs fed diets containing 
    0, 25, 100 or 400 ppm (or approximately 0, 0.625, 2.5, and 10 mg/kg/
    day, respectively). The NOEL was 10 mg/kg/day (HDT).
        The Carcinogenicity Peer Review Committee (CPRC) of the EPA has 
    evaluated the rat and mouse cancer studies on quizalofop along with 
    other relevant short-term toxicity studies, mutagenicity studies, and 
    structure activity relationships. The CPRC concluded, after three 
    meetings and an evaluation by the EPA Science Advisory panel, that the 
    classification should be a Category D (not classifiable as to human 
    cancer potential). No new cancer studies were required.
        The first CPRC review tentatively concluded that quizalofop should 
    be classified as a Category B2 (probable human carcinogen). That 
    classification was based on liver tumors in female rats, ovarian tumors 
    in female mice, and liver tumors in male mice. This classification was 
    downgraded to a Category C (possible human carcinogen) at a second CPRC 
    review. The change in classification was due to a reexamination of the 
    liver tumors in female rats and ovarian tumors in female mice. The 
    first peer review had found a statistically significant positive trend 
    for liver carcinomas in female rats. Subsequent to this conclusion the 
    tumor data were reevaluated, and the revaluation showed a reduced 
    number of carcinomas. Although there remained a statistically 
    significant positive trend for carcinomas in the study, the CPRC 
    concluded that the carcinomas were not biologically significant given 
    the few carcinomas identified (one at the mid-dose and two at the high 
    dose). Noting that this level of carcinomas was within historical 
    levels, the CPRC concluded that administration of quizalofop did not 
    appear to be associated with the liver carcinomas.
        As to the ovarian tumors in female mice, the CPRC had first 
    attached importance to the fact that these tumors were statistically 
    significant at the high dose as compared to historical control values 
    although statistically significant when compared to concurrent 
    controls. However, review of further historical control data showed 
    that the level of ovarian tumors in the quizalofop study was similar to 
    the background rate in several other studies. Given this information 
    and that the quizalofop study showed no hyperplasia of the ovary, no 
    signs of endocrine activity related to ovarian function, and no dose 
    response relationship, the CPRC concluded that the ovarian tumors were 
    probably not compound-related.
        The findings of the second CPRC review were presented to EPA's 
    Scientific Advisory Panel (SAP). The SAP concurred with the CPRC 
    conclusion that the liver tumors in female rats and the ovary tumors in 
    female mice showed no evidence of carcinogenicity. However, the SAP 
    disagreed with CPRC's classification of quizalofop as a Category C 
    based on the liver tumors in male mice. The SAP concluded that the 
    mouse liver tumors did not support such a classification because the 
    tumors occurred at a dose above the maximum-tolerated dose (MTD) and 
    because they were not statistically significant if a ``p''value of less 
    than 0.05. The SAP believed that such greater statistical rigor was 
    appropriate for variable tumor endpoints such as male mouse liver 
    tumors.
        Following the SAP review, the CPRC changed the classification for 
    quizalofop to Category D. The Category D classification is based on an 
    approximate doubling in the incidence of male mice liver tumors between 
    controls an the high dose. This finding was not considered strong 
    enough to warrant the finding of a Category C (possible human 
    carcinogen) since the increase was of marginal statistical 
    significance, occurred at a high dose which exceeded the predicted MTD, 
    and occurred in a study in which the concurrent control for liver 
    tumors was somewhat low as compared to the historical controls, while 
    the high dose control group was at the upper end of previous historical 
    control-groups.
        EPA has found the evidence on the carcinogenicity of quizalofop-p 
    ethyl ester in animals to be equivocal and therefore concludes that 
    quizalofop-p ethyl ester does not induce cancer in animals within the 
    meaning of the Delaney clause. Important to this conclusion was the 
    following evidence: (a) The only statistically significant tumor 
    response that appears compound-related was seen at a single dose in a 
    single sex in a single species; (b) the response was only marginally 
    statistically significant; (c) the response was only significant when 
    benign and malignant tumors were combined; (d) the tumors were in the 
    male mouse liver; (e) the tumors were within historical controls; and 
    (f) the mutagenicity studies were negative. Although in some 
    circumstances a finding of animal carcinogenicity would be made despite 
    any one, or even several, of the six factors noted, the combination of 
    all of these factors here cast sufficient doubt on the reproducibility 
    of the response in the high dose male mouse that EPA concludes the 
    evidence on carcinogenicity is equivocal.
        6. Animal metabolism. The metabolism of quizalofop ethyl in animals 
    (rat, goat and poultry) is well understood. 14C-phenyl and 
    14C-quinoxaline quizalofop ethyl ester metabolism studies 
    have been conducted in each species. There are similarities among these 
    species with respect to metabolism. Quizalofop ethyl is rapidly and 
    extensively metabolized and rapidly excreted by rats. The principal 
    metabolites were the quizalofop-p acid and two dechlorinated 
    hydroxylated forms of the acid. Tissue residues were minimal and there 
    was no evidence of accumulation of quizalofop ethyl or its metabolites 
    in the rat.
        The primary pathway in ruminants is hydrolysis of the ethyl ester 
    to form the quizalofop-p methyl ester. In poultry, the primary 
    metabolic pathway is also the hydrolysis of the ethyl ester to form the 
    quizalofop-p acid, then the methyl esterification to form the 
    quizalofop methyl ester becomes a minor pathway.
        The nature of the quizalofop ethyl ester residue in livestock is 
    adequately understood. The residues of concern are quizalofop ethyl, 
    quizalofop methyl, and quizalofop, all expressed as quizalofop ethyl.
        7. Metabolite toxicology. There is no evidence that the metabolites 
    of quizalofop ethyl as identified as either the plant or animal 
    metabolism studies are of any toxicological significance.
    
    [[Page 56179]]
    
    C. Aggregate Exposure
    
        1. Dietary exposure. An analysis of chronic dietary risk was 
    conducted to determine the impact of the possible addition of 
    peppermint and spearmint to the Assure label. A Reference Dose (RfD) of 
    0.009 mg/kg/day was used in the analyses. Consumption data were 
    available for peppermint and spearmint from previous studies.
        2. Food. The first step in the analysis was to run the TAS 
    (Tolerance Assessment System) program using current tolerances with an 
    RfD of 0.009 mg/kg/day. The Theoretical Maximum Residue Concentration 
    (TMRC), based on the current tolerances, was 0.000288 mg/kg/day for the 
    U.S. population (48 states) and 0.000759 mg/kg/day for the population 
    subgroup with the highest estimated exposure (non-nursing infants >1 
    year old). For the U.S. population subgroup this represents 
    approximately 3.2% of the RfD while for the most exposed population 
    this represents approximately 8.4% of the RfD. Based on the risk 
    estimates arrived at in this analysis, chronic dietary risk from the 
    current uses of Assure is minimal.
        Consumption data for peppermint and spearmint within the TAS 
    database are available only for the entire U.S. population (48 states) 
    and not for the population subgroups. For peppermint the consumption is 
    listed as 0.000001 gram(g)/kg body weight(bw)/day for the raw commodity 
    and 0.000255 for the flavoring oil. For spearmint the consumption is 
    0.000001 g/kg bw/day for the raw commodity and 0.000458 for the 
    flavoring oil. The TMRC, based on the current tolerances and the 
    potential peppermint and spearmint tolerances, was 0.000290 mg/kg/day 
    for the U.S. population (48 states). Since no consumption data were 
    available for population subgroups, Theoretical Maximum Residue 
    Concentrations did not change and the sub group with the highest 
    potential exposure had a TMRC of 0.000759 g/kg/day (non-nursing infants 
    >1 year old). When expressed as a percentage of the RfD, the U.S. 
    population (48 states) was approximately 3.2% and that of the 
    population subgroup with the highest potential exposure, i.e. infants 
    and children, was approximately 8.4%. These results indicate that 
    predicted chronic exposure after the addition of a peppermint tolerance 
    is well below the RfD. The lack of specific population sub-group data 
    for these commodities should not be a problem since both peppermint and 
    spearmint are not likely to be consumed in large quantities by any 
    population subgroup and the difference between the TMRC and the RfD is 
    so great.
        3. Drinking water. Another potential source of dietary exposure to 
    pesticides is residues in drinking water. There is no established 
    Maximum Concentration Level (MCL) for quizalofop ethyl in water. Based 
    on the low use rate of quizalofop ethyl, and a use pattern that is not 
    widespread (since the current and proposed uses are on minor crops), 
    DuPont does not anticipate residues of quizalofop in drinking water and 
    exposure from this route is unlikely.
        4. Non-dietary exposure. Quizalofop ethyl is not registered for any 
    use which could result in non-occupational, non-dietary exposure to the 
    general population.
    
    D. Cumulative Effects
    
        There is no evidence to indicate or suggest that quizalofop p-ethyl 
    has any toxic effects on mammals that would be cumulative with those of 
    any other chemicals.
    
    E. Safety Determination
    
        1. U.S. population. Using the exposure assumptions described above 
    and based on the most sensitive species chronic NOEL of 0.9 mg/kg and a 
    reference dose (RfD) of 0.009 mg/kg/day, the existing tolerances and 
    proposed use of quizalofop ethyl on mint are expected to utilize 3.2% 
    of the RfD for the general U.S. population. Generally, exposures below 
    100% of the RfD are of no concern because the RfD represents the level 
    at or below which daily aggregate dietary exposure over a lifetime will 
    not pose risk to human health. Thus, there is a reasonable certainty 
    that no harm will result from aggregate exposure to quizalofop ethyl 
    resulting from proposed agricultural use on peppermint and spearmint.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of quizalofop ethyl, 
    data were considered from developmental toxicity studies in the rat and 
    rabbit, and a multi-generation reproduction study in rats. There were 
    no developmental effects observed in the absence of maternal toxicity 
    in the rat and rabbit developmental studies. Minimal adaptive or 
    physiological effects were observed in livers of weanlings in the 2-
    generation rat reproduction study described earlier. However, this 
    effect was only observed at a dose that far exceeds any expected human 
    exposure. Further, the NOEL of 0.9 mg/kg/day from the 2-year rat study 
    with quizalofop ethyl, which was used to calculate the RfD(discussed 
    above), is already lower than any of the NOELs defined in the 
    developmental and reproductive toxicity studies with quizalofop ethyl.
        Using the exposure assumptions described above and based on the 
    most sensitive species chronic NOEL of 0.9 mg/kg and a reference dose 
    (RfD) of 0.009 mg/kg/day, the existing tolerances and proposed use of 
    quizalofop ethyl on mint are expected to utilize 8.4% of the RfD for 
    infants and children. Infants and children have a low potential for 
    quizalofop ethyl exposure because of both the low levels of mint in the 
    diet (mint is a low dietary intake crop used primarily as an oil for 
    flavoring, and is diluted to a ratio of 1:250 or greater in the 
    finished food product), and the absence of detectable residues in mint 
    oil. The toxicology profile of quizalofop ethyl demonstrates low 
    mammalian toxicity. Because there was no evidence that offspring were 
    uniquely susceptible to the toxic effects of quizalofop ethyl, an 
    additional 10-fold uncertainty factor should not be required to protect 
    infants and children. Therefore, the registrant believes that the RfD 
    of 0.009 mg/kg/day, which utilizes a 100-fold safety factor, is 
    appropriate to assure a reasonable certainty of no harm to infants and 
    children from aggregate exposure to quizalofop ethyl.
    
    F. International Tolerances
    
        Since there are no Mexican, Canadian, or Codex MRLs/tolerances, 
    compatibility is not a problem at this time.
    
    3. IR-4 Project
    
     PP 6E4658
    
        EPA has received a pesticide petition ( PP 6E4658 ) from the 
    Interregional Research Project Number 4 (IR-4), 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 to establish an exemption from the 
    requirements of a tolerance for copper-ethylenediamine complex (Komeen) 
    in or on the raw agricultural commodity (RAC) potatoes. 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 support granting of the petition. Additional data 
    may be needed before EPA rules on the petition. This notice includes a 
    summary of the petition prepared by the Griffin Corporation (Griffin), 
    the registrant.
    
    [[Page 56180]]
    
    A. Residue Chemistry
    
        1. Analytical method. A practical analytical method for copper-
    ethylenediamine complex is not required for crop use since it is 
    expected that no residues will occur in RACs.
        2. Magnitude of residues. Residues are not expected in the RAC 
    (potatoes) since the potato tubers are underground and only the vines 
    which are above ground are treated.
    
    B. Toxicological Profile
    
        The Agency does not require subchronic, chronic, reproductive or 
    developmental toxicity studies for the copper salts.
        Copper-ethylenediamine(Komeen) is slightly to moderately toxic upon 
    acute oral, dermal and inhalation exposure, slightly irritating to the 
    skin and moderately irritating to the eye.
        Acute toxicity. The acute oral lethal dose LD50 (95% 
    confidence limits) for Komeen was 498 milligram(mg)/kilogram(kg) (349-
    710 mg/kg).
        The acute dermal LD50 for Komeen was determined to be 
    >2,000 mg/kg.
        The acute inhalation lethal concentration LC50 (95% 
    confidence limits) for Komeen was 0.81 mg/liter(l) (0.26-1.37 mg/l).
        Komeen was shown to be moderately irritating to the eye with all 
    signs of ocular irritation cleared within 10 days of treatment.
    
    C. Aggregate Exposure
    
        1. Dietary (food) exposure. Based on the proposed used pattern of 
    potato vine desiccation, no copper residues are expected to occur on 
    potatoes and the dietary exposure would be negligible by comparison to 
    the normal daily intake of copper. A single day's diet may contain 10 
    mg or more of copper. The daily recommended allowance of copper for 
    adults nutritional needs is 2 mg.
        2. Drinking water. Copper is ubiquitous in the environment and 
    found in natural water. In 1991, the USEPA established a maximum 
    contamination level (MCL) for copper in drinking water of 1.3 mg/l. No 
    impact on copper levels found naturally in water would occur as a 
    result of potato vine desiccant use for this product.
        3. Non-dietary exposure. Copper is registered for use as an aquatic 
    herbicide for outdoor residential sites. Any contributions to aggregate 
    exposure from this use would not be expected to be significant.
        4. Potential for endocrine effects. Since copper is required for 
    homeostasis, low copper dietary exposures would not be expected result 
    in any adverse endocrine effects.
    
    D. Cumulative Effects
    
        Griffin believes that no cumulative adverse effects are expected 
    from long-term exposure to copper salts. No other elements are expected 
    to produce cumulative toxicity with copper.
    
    E. Safety Determination
    
        Copper compounds such as copper sulfate pentahydrate are considered 
    as Generally Recognized as Safe (GRAS) by the Food and Drug 
    Administration and as such are exempt from the requirement of a 
    tolerance when used as aquatic herbicides (40 CFR 180.1021). Copper 
    compounds are also exempt from the requirement of a tolerance when 
    applied to growing crops when used as a plant fungicide in accordance 
    with good agricultural practices (40 CFR 180.1001(b)(1). Copper-
    ethylenediamine complex is registered as an aquatic herbicide under the 
    trade name, Komeen.
        1. U.S. population. Copper is a component of the human diet and an 
    essential element. Use of copper-ethylenediamine complex is not 
    expected to increase the amount of copper in the diet as a result of 
    potato vine desiccation.
        2. Infants and children. Infants and children also require copper 
    in their diets and Griffin believes that no special sensitivity for 
    this population subgroup would be expected as a result of the proposed 
    use.
    
    F. International Tolerances
    
        No international tolerances have been established for copper-
    ethylenediamine complex.
    [FR Doc. 97-28640 Filed 10-28-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
10/29/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-28640
Dates:
Comments, identified by the docket control number PF-771, must be received on or before November 28, 1997.
Pages:
56173-56180 (8 pages)
Docket Numbers:
PF-771, FRL-5749-7
PDF File:
97-28640.pdf