98-34298. Endocrine Disruptor Screening Program; Proposed Statement of Policy  

  • [Federal Register Volume 63, Number 248 (Monday, December 28, 1998)]
    [Notices]
    [Pages 71542-71568]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-34298]
    
    
    
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    Part II
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
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    Endocrine Disruptor Screening Program: Statement of Policy; Notice
    
    Endocrine Disruptor Screening Program: Priority-Setting Workshop; 
    Notice
    
    Federal Register / Vol. 63, No. 248 / Monday, December 28, 1998 / 
    Notices
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [OPPTS-42208; FRL-6052-9]
    
    
    Endocrine Disruptor Screening Program; Proposed Statement of 
    Policy
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: In this notice, EPA is providing additional details and an 
    opportunity for public comment on its Endocrine Disruptor Screening 
    Program (EDSP). The Agency first set forth the basic components of the 
    EDSP in the August 11, 1998, Federal Register. The EDSP is required by 
    the Federal Food, Drug, and Cosmetics Act (FFDCA), as amended by the 
    Food Quality Protection Act (FQPA). In developing the EDSP, EPA 
    considered recommendations of the Endocrine Disruptor Screening and 
    Testing Advisory Committee (EDSTAC), a panel chartered pursuant to the 
    Federal Advisory Committee Act. EDSTAC recommended expansion of the 
    screening program beyond the statutory minimum to include not only 
    pesticides but commercial chemicals regulated under the Toxic 
    Substances Control Act (TSCA), certain natural products, non-pesticide 
    food additives, and cosmetics. EDSTAC also recommended that EPA screen 
    for effects on the androgen and thyroid systems and for effects on fish 
    and wildlife. This notice describes the major elements of EPA's EDSP, 
    as well as its implementation. EPA is seeking public comment on the 
    EDSP in this notice.
    
     DATES: Written comments on this proposed policy must be received by 
    EPA on or before February 26, 1999.
        The joint meeting of the EPA Science Advisory Board (SAB) and 
    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific 
    Advisory Panel (SAP) to review EPA's proposal for the EDSP will be held 
    March 30 through April 1, 1999. A document announcing the meeting sites 
    and times will be published in the Federal Register.
    
    ADDRESSES: Each comment must bear the docket control number OPPTS-
    42208. All comments should be sent in triplicate to: OPPT Document 
    Control Officer (7407), Office of Pollution Prevention and Toxics, 
    Environmental Protection Agency, 401 M St., SW., Room G-099, East 
    Tower, Washington, DC 20460.
        Comments and data may also be submitted electronically to: oppt. 
    ncic@epa.gov. Follow the instructions under Unit IX. of this notice. No 
    Confidential Business Information (CBI) should be submitted through e-
    mail.
        All comments which contain information claimed as CBI must be 
    clearly marked as such. Three sanitized copies of any comments 
    containing information claimed as CBI must also be submitted and will 
    be placed in the public record for this rulemaking. Persons submitting 
    information on any portion of which they believe is entitled to 
    treatment as CBI by EPA must assert a business confidentiality claim in 
    accordance with 40 CFR 2.203(b) for each such portion. This claim must 
    be made at the time that the information is submitted to EPA. If a 
    submitter does not assert a confidentiality claim at the time of 
    submission, EPA will consider this as a waiver of any confidentiality 
    claim and the information may be made available to the public by EPA 
    without further notice to the submitter.
    
    FOR FURTHER INFORMATION CONTACT:  For general information or copies of 
    the EDSTAC Final Report: TSCA Hotline, Environmental Assistance 
    Division (7408), Office of Pollution Prevention and Toxics, 
    Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
    telephone (202) 554-1404, TDD (202) 554-0551; e-mail address: TSCA-
    Hotline@epa.gov. For technical information, please contact Anthony 
    Maciorowski, Office of Pesticide Programs, telephone: (202) 260-3048, 
    e-mail address: maciorowski.anthony@epa.gov or Gary Timm, Chemical 
    Control Division, Office of Pollution Prevention and Toxics, telephone: 
    (202) 260-1859, e-mail address: timm.gary@epa.gov.
    
    SUPPLEMENTARY INFORMATION
    Table of Contents
    
    I. General Information
    
    A. Does this notice apply to me?
    B. How can I get additional information or copies of this notice or 
    other support document?
    
    II. Background
    
    A. Concern Regarding Endocrine Disruption
    B. The Food Quality Protection Act, Safe Drinking Water Act, and 
    Other Environmental Legislation
    C. The EDSTAC
    D. Key Terms and Definitions
    
    III. Overview of the Screening Program
    
    A. Scope
    B. Program Elements
    
    IV. Sorting and Priority Setting
    
    A. The Universe of Chemicals Included in the EDSP
    B. Sorting
    C. Information Required for Priority Setting
    D. Use of a High Throughput Pre-Screen (HTPS) to Assist Priority 
    Setting
    E. Setting Priorities for Tier 1 Screening
    F. Bypassing Tier 1 Screening
    G. Mixtures
    H. Categories of Chemicals
    
    V. Screening Program
    
    A. Tier 1 Screening
    B. Tier 2 Testing
    C. Route of Administration
    
    VI. Implementation
    
    A. Overview of Implementation Steps and Timeline
    B. HTPS Demonstration
    C. HTPS Priority-Setting Project
    D. Priority-Setting Data Base (EDPSD) Development
    E. Process for Public Nominations for Chemical Screening
    F. Standardization and Validation of Assays, Screening Battery, and 
    Tests
    G. Implementation Mechanisms
    H Data Compensation Issues
    I. Data Submission and Collection
    J. Data Release and CBI
    K. Reporting Requirements Under TSCA 8(e) and FIFRA 6(a)(2)
    L Exemptions
    M. Use of Significant New Use Rules (SNURs) under TSCA
    N. Relationship Between the EDSP and Related Actions Under TSCA
    O. Analysis of Data in the EDSP
    
    VII. Issues for Comment
    
    VIII. References
    
    IX. Public Record and Electronic Submissions
    
    I. General Information
    
    A. Does this notice apply to me?
    
         This notice describes the major elements of EPA's EDSP, and also 
    requests public comments on technical and policy aspects of the 
    program. You may be interested in the program set forth in this notice 
    if you produce, manufacture or import pesticide chemicals, chemical 
    substances or mixtures subject to TSCA, substances that may have an 
    effect cumulative to an effect of a pesticide, or substances found in 
    sources of drinking water. The general public may also have an interest 
    in the potential health and environmental consequences associated with 
    the results of any testing that is conducted in conformity with this 
    policy. If you have any questions regarding the applicability of this 
    action to a particular entity, consult the technical person listed 
    under ``FOR FURTHER INFORMATION CONTACT.''
    
    B. How can I get additional information or copies of this notice or 
    other support documents?
    
        1. Electronically. You may obtain electronic copies of this notice 
    and various support documents from the EPA Home Page at http://
    www.epa.gov/. On the EPA Home Page select ``Laws
    
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    and Regulations'' and then look up the entry for this notice under 
    ``Federal Register--Environmental Documents.'' You can also go directly 
    to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
        The complete EDSTAC Final Report is available on the worldwide web 
    at: www.epa.gov/opptintr/opptendo/whatsnew.htm. Paper copies of the 
    EDSTAC Final Report can be obtained upon request from the TSCA Hotline 
    at the address listed under ``FOR FURTHER INFORMATION CONTACT'' section 
    of this notice.
        2. In person or by phone. If you have any questions or need 
    additional information about this action, please contact the technical 
    person identified under ``FOR FURTHER INFORMATION CONTACT.'' A public 
    version of this record, including printed, paper versions which does 
    not include any information claimed as CBI, is available for inspection 
    in the TSCA Nonconfidential Information Center, Rm. NE-B607, 401 M St., 
    SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
    excluding legal holidays. The telephone number of the TSCA Docket is 
    (202) 260-7099.
    
    II. Background
    
    A. Concern Regarding Endocrine Disruptors
    
        The endocrine system consists of glands and hormones which are 
    found in all mammals, birds, fish, and invertebrates. Hormones are 
    biochemical substances produced in glands and released into the blood 
    stream to act on an organ in another part of the body. Over 50 hormones 
    have been identified in humans and other vertebrates. Hormones control 
    or regulate many biological processes and are often produced in 
    exceptionally low amounts within the body. Examples of such processes 
    include blood sugar control (insulin); differentiation, growth, and 
    function of reproductive organs (testosterone (T) and estradiol); and 
    body growth and energy production (growth hormone and thyroid hormone). 
    Much like a lock and key, many hormones act by binding to receptors 
    that are produced within cells. The hormone-receptor complex switches 
    on or switches off specific biological processes in cells, tissues, and 
    organs.
        Scientific evidence has been accumulating that humans, domestic 
    animals, and fish and wildlife species have exhibited adverse health 
    consequences from exposure to environmental chemicals that interact 
    with the endocrine system. To date, such problems have been detected in 
    domestic or wildlife species with relatively high exposure to 
    organochlorine compounds (e.g., 1,1,1-trichloro-2,2-bis(p-chlorophenyl) 
    ethane (DDT) and its metabolite dichorodiphenyldichloroethylene (DDE), 
    polychlorinated biphenyls (PCBs), and dioxins) or to some naturally 
    occurring plant estrogens. But effects from exposure to low levels of 
    endocrine disruptors has been observed as well (e.g., parts per 
    trillion levels of tributyl tin have caused masculinization of female 
    marine molluscs such as the dog whelk and ivory shell). Adverse effects 
    have been reported for humans exposed to relatively high concentrations 
    of certain contaminants. However, whether such effects are occurring in 
    the human population at-large at concentrations present in the ambient 
    environment, drinking water, and food remains unclear. Several 
    conflicting reports have been published concerning declines in the 
    quality and quantity of sperm production in humans over the last 4 
    decades, and there are reported increases in certain cancers (e.g., 
    breast, prostate, testicular). Such effects may have an endocrine-
    related basis, which has led to speculation about the possibility that 
    these endocrine effects may have environmental causes. However, 
    considerable scientific uncertainty remains regarding the actual causes 
    of such effects. Nevertheless, there is little doubt that small 
    disturbances in endocrine function, particularly during certain highly 
    sensitive stages of the life cycle (e.g., development, pregnancy, 
    lactation) can lead to profound and lasting effects (Kavlock et al., 
    1996. EPA, 1997).
        Taken collectively, the body of scientific research on human 
    epidemiology, laboratory animals, and fish and wildlife provides a 
    plausible scientific hypothesis that environmental contaminants can 
    disrupt the endocrine system leading to adverse-health consequences. A 
    critical issue is whether ambient environmental levels are sufficiently 
    high to exert adverse effects on the general population. Various types 
    of scientific studies (epidemiology, mammalian toxicology, and 
    ecological toxicology) are necessary to resolve many of the scientific 
    questions and uncertainty surrounding the endocrine disruptor issue. 
    Many such studies are currently underway by government agencies, 
    industry, and academia.
    
    B. The Food Quality Protection Act, Safe Drinking Water Act, and Other 
    Environmental Legislation
    
        In 1996, Congress amended the FFDCA with the FQPA. FFDCA section 
    408(p) requires EPA to develop a program ``to determine whether certain 
    substances may have an effect in humans that is similar to an effect 
    produced by a naturally occurring estrogen, or such other endocrine 
    effects as [EPA] may designate'' (FFDCA section 408(p) (21 U.S.C. 
    346a(p))).
        When carrying out the program, EPA ``shall provide for the testing 
    of all pesticide chemicals'' and ``may provide for the testing of any 
    other substance that may have an effect that is cumulative to an effect 
    of a pesticide chemical if the Administrator determines that a 
    substantial population may be exposed to such a substance'' (21 U.S.C. 
    346a(p)(3)).
        In addition, Congress amended the Safe Drinking Water Act (SDWA) 
    and gave EPA authority to provide for the testing, under the FQPA 
    Screening Program, ``of any other substance that may be found in 
    sources of drinking water if the Administrator determines that a 
    substantial population may be exposed to such substance'' (SDWA 
    Amendments of 1996, section 136 (42 U.S.C. 300j-17)).
        This notice describes the major elements of the program EPA has 
    developed to comply with the requirements of FFDCA section 408 (p) as 
    amended by FQPA. EPA initially set forth the Program in an August 11, 
    1998, Federal Register notice (63 FR 42852) (FRL-6021-3). The screening 
    program described in this notice is ambitious. EPA is considering 
    87,000 substances as potential candidates for testing. EPA believes 
    that the FFDCA and SDWA provide authority to require the testing of 
    many of these substances. EPA will use other testing authorities under 
    the FIFRA and TSCA to require the testing of those chemical substances 
    that the FFDCA and SDWA do not cover. EPA also plans to work with other 
    Federal agencies and departments to ensure that substances not covered 
    under any of EPA's authorities are tested.
         As described in detail in this unit, the EDSP is divided into 
    several stages, including a priority-setting stage, a stage involving 
    screening tests (Tier 1 screening), and a stage involving confirmatory 
    testing (Tier 2 testing). EPA believes that the results from the entire 
    battery of tests required in the Tier 1 screening and Tier 2 testing 
    stages (or their equivalents) are necessary to make the statutory 
    determination of whether a particular
    
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    substance ``may have an effect in humans that is similar to an effect 
    produced by a naturally occurring [hormone]''(21 U.S.C. 346a(p)). In 
    other words, a positive result in the Tier 1 screening assays would not 
    be adequate to make the determination ``whether a substance may have an 
    effect in humans that is similar to an effect produced by a naturally 
    occurring [hormone].'' Id. Conversely, a negative result in all Tier 1 
    screening tests will be adequate to determine that a particular 
    substance is not likely to have an effect on the estrogen, androgen, 
    and thyroid hormone systems (EAT) and, therefore, is not a priority for 
    testing in Tier 2. The confirmatory tests in the Tier 2 testing stage 
    are necessary to determine whether a substance may have an effect 
    similar to that of a naturally occurring hormone.
    
    C. The EDSTAC
    
        Recognizing the expertise available outside the Agency on endocrine 
    disruptor issues, as well as the evolving nature of the science 
    surrounding endocrine disruption, EPA chartered an advisory committee 
    under the Federal Advisory Committee Act to advise it on developing a 
    program to comply with FFDCA section 408(p) requirements. The Advisory 
    Committee, known as the EDSTAC, was comprised of members representing 
    the commercial chemical and pesticides industries, Federal and State 
    agencies, worker protection and labor organizations, environmental and 
    public health groups, and research scientists. EPA charged the EDSTAC 
    with providing advice and recommendations to the Agency regarding a 
    strategy for testing chemical substances to determine whether they may 
    have an effect in humans similar to an effect produced by naturally 
    occurring hormones. Specifically, EPA charged EDSTAC with developing 
    the following:
        Methods for chemical selection and priorities for screening.
        1. A set of available, validated screening tests for early 
    application.
        2. Ways to identify new and existing screening tests and mechanisms 
    for their validation.
        3. Processes and criteria for deciding when additional tests beyond 
    screening would be needed and how to validate such tests.
        4. Processes for communicating to the public about the EDSTAC's 
    agreements, recommendations, and information developed during priority 
    setting, screening, and testing.
        In response to this charge, EDSTAC reached consensus on a set of 
    recommendations for the Agency. These recommendations are contained in 
    the EDSTAC Final Report (EDSTAC, 1998). Considering EDSTAC's diverse 
    membership--including individuals from industry, labor, environmental 
    justice groups, public health and environmental groups, academia, and 
    Federal and State agencies--EPA found its consensus compelling. More 
    importantly, EPA found the advice contained in the EDSTAC Final Report 
    scientifically rigorous. As such, EPA relied heavily on EDSTAC's advice 
    and recommendations in developing its EDSP. EPA has not further 
    developed recommendations in areas where EDSTAC recommended further 
    stakeholder involvement. However, in other areas, EPA has added 
    additional refinements which are highlighted under ``Issues for 
    Comment'' in Unit VII. of this notice.
    
    D. Key Terms and Definitions
    
        For the purposes of this notice, EPA will use the following 
    definitions.
        Chemical or chemical substance as used in this notice includes 
    naturally occurring and synthetic chemicals and elements.
        Commercial chemical is defined as chemical substances subject to 
    the provisions of TSCA (15 U.S.C. 2602 et seq.).
        Exempted chemicals are pesticide chemicals that have been given an 
    exemption under FFDCA section 408(p) or commercial chemicals that the 
    Agency determines to exempt from the requirements of screening and are 
    therefore not subject to the EDSP.
        Functional equivalency--an assay, test, or endpoint may be defined 
    as being ``functionally equivalent'' to another assay, test, or 
    endpoint when it provides equivalent information for each endpoint 
    being studied. For purposes of the EDSP, assays, tests, and endpoints 
    must be standardized and validated prior to use. The standardization 
    and validation process will provide data and information that will 
    allow EPA to develop guidance on the use of functionally equivalent 
    assays, tests, and endpoints prior to the implementation of the 
    screening program.
        Hazard assessment is defined to include identification of the 
    chemical substances and mixtures that have endocrine-disruption effects 
    (which is often referred to as hazard identification) and establishment 
    of the relationship between dose and effect (which is often referred to 
    as dose-response assessment).
        Mixtures refers to combinations of two or more chemical substances, 
    including those found in the environment. This definition is the 
    ordinary definition applied by chemists and differs from the legal 
    definition under TSCA section 3. The TSCA definition of mixture 
    excludes natural products and chemical reaction products that may be a 
    combination of two or more chemical substances.
        Pesticide chemical means any substance that is a pesticide within 
    the meaning of FIFRA, including all active and inert ingredients of 
    such pesticide and all impurities.
        Polymer is defined as a chemical substance consisting of one or 
    more types of monomer units and comprising a simple weight majority of 
    molecules containing at least three monomer units which are covalently 
    bound to at least one other monomer unit or other reactant and which 
    consists of less than a simple weight majority of molecules of the same 
    molecular weight. Such molecules must be distributed over a range of 
    molecular weights wherein differences in the molecular weight are 
    primarily attributable to differences in the number of monomer units.
        Priority setting is defined as the collection, evaluation, and 
    analysis of relevant information, including the results of HTPS, to 
    determine the general order in which chemical substances or mixtures 
    will be subjected to screening and testing.
        Screening is defined as the application of short-term assays to 
    determine whether a chemical substance or mixture may interact with the 
    endocrine system. As these are preliminary assays, a positive result 
    during screening does not mean that a chemical substance may have an 
    effect in humans, fish, or wildlife that is similar to the effect 
    produced by naturally occurring hormones.
        Sorting is the separation of chemicals into groups prior to 
    priority setting for the purpose of distinguishing chemicals needing 
    Tier 1 screening from those needing Tier 2 testing, hazard assessment, 
    and those for which endocrine screening, testing, or hazard assessment 
    is not warranted at this time.
        Testing is defined as a customized combination of long-term assays 
    and endpoints designed to determine whether a chemical substance or 
    mixture may cause effects in humans, fish, or wildlife that are similar 
    to effects caused by naturally occurring hormones and to identify, 
    characterize, and quantify these effects. Tests are designed to confirm 
    and further define the results obtained in Tier 1 screens.
        Weight-of-evidence refers to the process by which trained 
    professionals judge the strengths and weaknesses of a collection of 
    information to render an
    
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    overall conclusion that may not be evident from consideration of the 
    individual data.
    
    III. Overview of the Screening Program
    
    A. Scope
    
        Based on the body of available scientific information, EDSTAC 
    recommended that EPA's EDSP address both human and ecological (fish and 
    wildlife) effects; examine effects to EAT-related processes; and 
    include chemical substances and representative mixtures. EPA fully 
    agrees with the EDSTAC that this is the appropriate scope for the 
    initial EDSP.
        For the reasons stated in this unit, EPA is proposing that the EDSP 
    include the following:
        1. Human and ecological (fish and wildlife) effects. Adverse 
    effects on wildlife and fish can serve as an early warning of potential 
    health risks for humans. There is strong evidence for endocrine 
    disruption observed in natural wildlife and fish populations. Moreover, 
    wildlife and fish are inherently valuable components of ecosystems, and 
    they act as sentinels for the relative health of the environment that 
    they share with humans.
        2. Effects on EAT-related processes. Initially, the EDSP will focus 
    on EAT effects. These three hormone systems are presently among the 
    most studied of the approximately 50 known vertebrate hormones. In 
    vitro and in vivo test systems to examine EAT effects exist, and are 
    currently the most amenable for regulatory testing. Further, inclusion 
    of EAT effects will cover aspects of reproduction, development, and 
    growth.
        EPA recognizes that there is a great deal of ongoing research 
    related to other hormones and test systems. As more scientific 
    information becomes available, EPA will consider expanding the scope of 
    the EDSP to other hormones. For now, however, the EAT effects and test 
    systems represent a scientifically reasonable focus for the Agency's 
    EDSP.
        3. Evaluate endocrine disrupting properties of chemical substances 
    and common mixtures. The universe of chemicals and mixtures to be 
    prioritized for endocrine-disruptor screening and testing numbers more 
    than 87,000 and includes commercial chemicals, active pesticide 
    ingredients, ingredients in cosmetics, nutritional supplements, and 
    food additives. Commercial chemicals are being included because 
    chemicals like PCBs and other non-pesticidal chemicals have been 
    implicated as endocrine disruptors. Nutritional supplements are known 
    to contain certain naturally occuring phytoestrogens. In addition, EPA 
    plans to screen representative examples of six different types of 
    mixtures (i.e., combinations of two or more chemicals). The inclusion 
    of the representative mixtures was viewed to be a pragmatic, achievable 
    first look at a highly complex problem. Testing mixtures will determine 
    whether mixtures cause different endocrine effects from those of the 
    individual component chemicals. While pharmaceuticals will not be 
    tested per se since they are already tested and highly regulated for 
    human or animal use, they may be tested as pollutants if found to be 
    present in the environment.
    
    B. Program Elements
    
        EPA will use a tiered approach for determining whether a substance 
    may have an effect in humans that is similar to an effect produced by 
    naturally occurring EAT. The core elements of the tiered approach 
    include: Sorting, priority setting, Tier 1 screening, and Tier 2 
    testing. The purpose of Tier 1 is to identify substances that have the 
    potential to interact with the endocrine system. The purpose of Tier 2 
    is to determine whether the substance causes adverse effects, identify 
    the adverse effects caused by the substance, and establish a 
    quantitative relationship between the dose and the adverse effect. At 
    this stage of the science, only after completion of Tier 2 tests will 
    EPA be able to determine whether a particular substance may have an 
    effect in humans that is similar to an effect produced by a naturally 
    occurring EAT, that is, that the substance is an endocrine disruptor. 
    Therefore, both Tier 1 and Tier 2 are essential elements of the 
    screening program mandated by the FQPA. Moreover, this tiered approach 
    is the most effective strategy for using available resources to detect 
    endocrine-disrupting chemicals and quantify their effects. The core 
    elements of the program are introduced in this overview section and 
    presented in greater detail in subsequent sections.
        Some of the major implementation steps and estimated completion 
    dates are:
    
     
    ------------------------------------------------------------------------
               Implementation steps              Estimated completion dates
    ------------------------------------------------------------------------
    EDSTAC Final Report and Recommendations     Completed
    Development of EPA's EDSP                   Completed
    Public comment on EPA's EDSP                February 22, 1999
    SAB/SAP Peer Review Processes               April 1, 1999
    HTPS Demonstration                          February 1999
    HTPS                                        June 2000
    EDPSD                                       June 2000
    Priority Setting for Tier 1 Phase 1         November 2000
    Tier 1 Standardization and Validation       2001
     September
    Tier 1, Phase 1 TSCA Test Rule Notice of    December 2001
     Proposed Rulemaking (NPRM) and FQPA
     Orders
    Tier 1, Phase 1 TSCA Final Test Rule        June 2003
    ------------------------------------------------------------------------
    
    IV. Sorting and Priority Setting
    
    A. The Universe of Chemicals Included in the EDSP
    
        As stated earlier, EPA is concerned about the endocrine disrupting 
    potential of more than 87,000 chemical substances, including pesticide 
    chemicals, commercial chemicals, ingredients in cosmetics, food 
    additives, nutritional supplements, and certain mixtures. Testing of 
    all of these chemicals cannot be supported at the same time because, 
    even if EPA and industry had the resources to do so, there are not 
    enough laboratories or other facilities capable of conducting the 
    testing. Consequently, EPA has included a priority-setting phase as 
    part of its EDSP. During the priority-setting phase, EPA will use 
    existing information, and in some cases, preliminary test results, to 
    prioritize chemicals for testing. While EPA believes that the FFDCA and 
    SDWA provide authority to require the testing of many of these 
    substances, EPA also will use other testing authorities under FIFRA and 
    TSCA to require the testing of those chemical substances that the FFDCA 
    and SDWA do not cover. EPA also plans to work with other Federal 
    agencies and departments to ensure that these substances also are 
    tested. EPA will use appropriate authority to obtain testing of the 
    chemical.
    
    B. Sorting
    
        Chemicals under consideration for EAT screening will undergo 
    sorting based on existing, scientifically relevant information. The 
    sort would identify chemicals for HTPS as well as place chemicals into 
    categories 1-4.
        1. Category 1--Hold--Chemicals with sufficient, scientifically 
    relevant information to determine that they are not likely to interact 
    with the EAT. If
    
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    EPA is able to determine, based on scientifically relevant information, 
    that a specific chemical is not likely to interact with the EAT, it 
    will place that chemical in a hold category. Chemicals in this hold 
    category will have the lowest priority for further analysis and may not 
    undergo further analysis unless new and compelling information suggests 
    that the chemical may interact with the endocrine system. Although EPA 
    will place chemicals in the hold category during the initial sorting 
    phase of the screening program, it may add chemicals to this category 
    if, during a later phase of the EDSP (Tier 1 screening, or Tier 2 
    testing), the Agency determines that a particular chemical is not 
    likely to interact with the endocrine system.
        Currently, EPA believes it is appropriate to assign two groups of 
    chemicals to the hold category:
        i. Polymers.
        ii. Exempted chemicals.
        These substances would not be subject to HTPS or to priority 
    setting for screening at this time (See Fig. 1).
    [GRAPHIC] [TIFF OMITTED] TN28DE98.002
    
    
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        i. Polymers. EPA anticipates placing most polymers with a number 
    average molecular weight (NAMW) greater than 1,000 daltons in the hold 
    category. These polymers are not likely to cross biological membranes 
    and therefore are not likely to be biologically available to cause 
    endocrine-mediated effects. EPA will not place polymers that are 
    pesticide chemicals, and therefore must be tested under the FFDCA, in 
    this category. In addition, EPA will not place monomer and oligomer 
    components of polymers in this hold category. Instead, it will 
    prioritize them for Tier 1 screening or Tier 2 testing.
        ii. Exempted chemicals. Exempted chemicals are pesticides given an 
    exemption under FFDCA 408(p) and other chemicals that the Agency 
    determines to exempt from the requirements of screening. These 
    substances would not be included in the HTPS and would be placed in the 
    hold category (see Unit. VI.L. of this notice).
        2. Category 2--Priority Setting/Tier 1 Screening--Chemicals for 
    which there is insufficient, scientifically relevant information to 
    determine whether or not they are likely to interact with the EAT. If 
    EPA is not able to determine, based on scientifically relevant 
    information, whether or not a chemical is likely to interact with the 
    EAT, it will place that chemical into a category of chemicals needing 
    Tier 1 screening. Category 2 chemicals are those for which there is 
    insufficient scientifically relevant information to be placed on hold 
    (Category 1), or assigned to Tier 2 testing (Category 3) or hazard 
    assessment (Category 4). Category 2 chemicals will be subjected to 
    formal priority setting, and Tier 1 screening, and as appropriate (i.e. 
    positive results in Tier 1 screening), Tier 2 testing.
        3. Category 3--Tier 2 Testing--Chemicals with sufficient, 
    scientifically relevant information comparable to that provided by the 
    Tier 1 screening. Recognizing the need for flexibility, EPA has 
    included the possibility of bypassing Tier 1 screening. For example, if 
    sufficient, scientifically relevant information already exists 
    regarding a specific chemical, EPA may move that chemical directly into 
    Tier 2 testing. In addition, EPA may allow a chemical to bypass Tier 1 
    if the chemical's producer or registrant chooses to conduct Tier 2 
    testing without performing Tier 1 screening.
        4. Category 4--Hazard Assessment--Chemicals with sufficient, 
    scientifically relevant information to bypass Tier 1 screening and Tier 
    2 testing. For certain chemicals, there already may be sufficient, 
    scientifically relevant information regarding their interaction with 
    EAT--information comparable to that derived from Tier 1 screening and 
    Tier 2 testing--to move them directly into hazard assessment. These 
    chemicals, thus, will bypass both Tier 1 screening and Tier 2 testing. 
    EPA anticipates that this will be a relatively small number of 
    chemicals.
    
    C. Information Required for Sorting and Priority Setting
    
        Relevant scientific information is essential to sort and prioritize 
    chemicals for endocrine-disruptor testing. EPA plans to use three main 
    categories of information to set priorities: Exposure-related 
    information, effects-related information, and statutory criteria. EPA 
    is in the process of developing a relational data base to manage the 
    information that it will use to set priorities. A relational data base 
    is one that can link with other data bases thus allowing EPA to access 
    and manipulate data from other existing data bases.
        1. Exposure-related information and criteria. EPA proposes to use 
    several types of existing exposure-related information and criteria for 
    initial sorting and priority setting. These include at least four 
    exposure information categories and one fate and transport information 
    category. The four exposure-related information categories are: 
    Biological sampling data for humans and other biota; environmental 
    monitoring data, and information on occupational , consumer product, 
    and food-related exposures; data on environmental releases; and data on 
    production volume and use. Note that the data categories are listed 
    from most robust (actual presence in biological tissue confirming that 
    exposure has occurred) to least robust (amounts produced which may or 
    may not result in exposure).
        This unit describes the nature of the information included in each 
    exposure-related information category, the strengths and limitations of 
    the type of information in each category, and a set of guiding 
    principles that EPA will generally apply to complete the task of 
    setting priorities for endocrine-disruptor screening and testing.
        i. Biological sampling data. Biological sampling refers to the 
    monitoring of tissues from live or dead organisms for chemicals to 
    document actual human or animal exposure. Biological sampling 
    information falls into two subcategories: Human biomonitoring and 
    monitoring of other biota. Human biomonitoring includes human tissues 
    and media (e.g., blood, breast milk, adipose tissue, and urine). 
    Monitoring of other biota encompasses a wide range of species 
    (invertebrates, vertebrates such as fish and other wildlife) and sample 
    matrices (e.g., carcass, liver, kidney, egg, feathers, etc.) for 
    exposure to environmental contaminants. EPA will be guided by the 
    following principles when using biological sampling data for sorting 
    and priority setting.
        a. Greater weight is generally given to data sets that provide 
    relevant information on large populations, disproportionately exposed 
    subpopulations, or particularly susceptible subpopulations.
        b. Greater weight is generally given to non-detect data when it is 
    associated with low analytical detection limits for organisms that are 
    likely to be exposed.
        ii. Environmental, occupational, consumer product, and food-related 
    data. Environmental, occupational, consumer product, and food-related 
    data include: Monitoring data for chemical contaminants found in a 
    variety of environmental media to which humans and animals are exposed, 
    such as water (surface, ground, and drinking), air, soil, sediment, and 
    food; and use information for chemicals, when it is available. EPA will 
    be guided by the following principles when using environmental, 
    occupational, consumer product, and food-related data for initial 
    sorting and priority.
        a. Greater weight is generally given to validly measured data than 
    to estimates.
        b. Greater weight is generally given to data that demonstrate that 
    a chemical is more likely to be internalized by an organism from its 
    environment.
        c. Greater weight is generally given to data sets that provide 
    relevant information on large populations, disproportionately exposed 
    subpopulations, or particularly susceptible subpopulations.
        d. Greater weight is generally given to non-detect data when it is 
    associated with low analytical detection limits for organisms that are 
    likely to be exposed.
        In the absence of monitoring data, estimates from the National 
    Occupational Environment Survey, Permissible Exposure Limits (PELs) and 
    similar estimates will be used to infer potential exposure levels. 
    These estimates are much less robust than monitoring data but will be 
    used unless actual monitoring data are submitted.
        iii. Environmental releases. Environmental release information 
    includes data on chemicals released to the environment to which humans 
    and environmental species may be exposed, such as permitted industrial 
    discharges to air or water and accidental release or spill data. EPA 
    may use data from its Toxic Release Inventory (TRI) and the Agency for 
    Toxic Substances Disease Registry's (ATSDR's) Hazardous
    
    [[Page 71548]]
    
    Substance Emergency Surveillance System. EPA will be guided by the 
    following principles when using environmental release data for sorting 
    and priority setting.
        a. Greater weight is generally given to validly measured data than 
    to estimates.
        b. Greater weight is generally given to data demonstrating that an 
    environmental release will more likely lead to organism exposure. 
    (e.g., EPA will give greater weight to TRI releases to air and water 
    than TRI releases to permitted landfills, etc.).
        c. Greater weight is generally given during priority setting to 
    data sets that provide relevant information on large populations, 
    disproportionately exposed subpopulations, or particularly susceptible 
    subpopulations.
        iv. Production volume data. Production volume data are generally 
    available for existing chemicals, but not for polymers, inorganics, or 
    chemicals under 10,000 pounds of annual production. (These latter 
    substances have been exempted from EPA's quadrennial TSCA Inventory 
    Update Rule (40 CFR part 710, subpart B)). For new chemicals, the only 
    production volume information available is estimates and it is not 
    relevant for environmental contaminants. EPA will be guided by the 
    following principles when using production volume data for sorting and 
    priority setting.
        a. Production volume provides only a very rough indication of 
    potential human and environmental exposure.
        b. Production data generally should be combined with other data 
    (e.g., use and physical properties data) in an effort to minimize some 
    of the inherent weaknesses of using production data as a surrogate for 
    exposure.
        c. Production information generally should not be used to compare 
    existing industrial chemicals, pesticides and new chemicals because 
    production volume ranges are too divergent. For example, production 
    volumes for high-volume industrial chemicals are several orders of 
    magnitude higher than those for either new chemicals or pesticides.
        v. Fate and transport data and models. The fate and transport 
    information category includes chemical and/or physical properties that 
    may be used to predict or estimate the medium or media where a chemical 
    is likely to be found and whether or not a chemical is likely to remain 
    in the environment over time.
        Environmental fate and transport information is available from 
    various reference sources, including data bases, textbooks, and 
    monographs. Numerous sources of data and models are listed in Appendix 
    G of the EDSTAC Final Report (EDSTAC, 1998). The sheer volume of 
    environmental fate and transport data makes it necessary to identify 
    those data useful for sorting and prioritization purposes. EPA will 
    focus attention on three subcategories of environmental fate and 
    transport information including: Persistence, mobility, and 
    bioaccumulation.
        EPA will consider the following characteristics of fate and 
    transport data: Hydrolysis half-life persistence; biodegradation 
    persistence; photooxidation persistence; volatility (Henry's Law) 
    mobility; adsorption coefficient (Koc ) mobility; and 
    octanol: water partition coefficient (Kow/LogP) mobility and 
    bioaccumulation. EPA may use a multimedia fate and partitioning model 
    to combine this information in a meaningful manner. EPA will be guided 
    by the following principles when using fate and transport data and 
    models for initial sorting and priority.
        a. Air, water, and soil environmental compartments generally should 
    be considered when using fate and transport data to help set priorities 
    for screening.
        b. Greater weight generally should be given to fate and transport 
    characteristics based on laboratory or field tests than on estimates.
        2. Effects-related information and criteria. EPA generally plans to 
    rely on HTPS data, toxicological laboratory studies, epidemiological 
    studies, and predictive structure activity models to assist the Agency 
    in setting priorities for screening.
        i. Toxicological and epidemiological studies. Toxicological 
    laboratory studies include information related to the laboratory study 
    of toxic effects of commercial chemicals, pesticides, contaminants, or 
    mixtures on living organisms or cell systems including humans, 
    wildlife, or laboratory animals. Epidemiological and field studies 
    range from hypothesis-generating descriptive studies, such as case 
    reports and ecological field analyses, to prospective cohort studies 
    and rigorously controlled hypothesis-testing clinical trials.
        Empirical toxicological and epidemiological data are reported in 
    numerous peer-reviewed scientific journals. Published studies are 
    conducted and described in varying degrees of methodological rigor and 
    data are reported in widely varying detail. To rely on this 
    information, EPA would be required to review it and determine its 
    applicability and adherence to generally acceptable investigatory 
    practices. The search and review of this primary literature would be 
    too resource intensive to be part of the prioritization process. 
    Instead EPA will rely on data bases containing studies addressing the 
    endpoints of interest. In response to EPA's proposed Priority List, 
    public commenters can submit studies that EPA will review. If the 
    submitted studies indicate that the priority should be changed or they 
    meet the requirements of portions of Tier 1, EPA will change the 
    priority or screening requirements for that chemical, as appropriate.
        EPA will be guided by the following principles when evaluating 
    toxicological and epidemiological data:
        a. Negative epidemiological studies generally will not override 
    positive toxicological studies. Positive epidemiological studies 
    generally will override negative toxicological studies for priority-
    setting purposes.
        b. EPA generally will give greater weight to in vivo studies with 
    relevant endpoints than to in vitro studies.
        ii. Predictive structure-activity models. Predictive biological 
    activity or effects models attempt to identify the correlation between 
    chemical structure and biological activity, including those that can be 
    identified through in vitro and in vivo screens. Models can be useful 
    when biological data are unavailable. While EPA believes this approach 
    will be of limited success early in the screening program, it believes 
    that the refinement of models as more screening results become 
    available may increase their utility as a predictive tool for priority 
    setting and may actually replace some of the more mechanistic Tier 1 
    assays.
        3. Statutory criteria. The FFDCA, as amended, requires that EPA 
    provide for the testing of all ``pesticide chemicals.'' Under the 
    FFDCA, ``pesticide chemical'' includes ``any substance that is a 
    pesticide within the meaning of FIFRA, including all active and inert 
    ingredients'' (21 U.S.C. 321(q)(1)). It also includes impurities. The 
    statute does not restrict testing to pesticides used on foods. As part 
    of priority setting, EPA will ensure that all substances that must be 
    tested pursuant to the FFDCA--i.e., pesticide chemicals--are tested in 
    a timely manner.
    
    D. Use of a HTPS to Assist Priority Setting
    
        For the majority of chemicals, EPA does not believe that any 
    endocrine-disruptor effects data exists. This lack of data makes it 
    difficult to set priorities for screening and testing. To help solve 
    this problem, EPA plans to conduct two of the Tier 1 screening tests 
    (see Units V.A. and VI.B. and C. of this notice) on approximately 
    15,000 chemicals in a high-speed, automated fashion. Since these assays 
    are being run before the
    
    [[Page 71549]]
    
    Tier 1 screening is conducted, EPA refers to this testing as HTPS. HTPS 
    test results will provide information on the interaction of chemicals 
    with the estrogen and androgen receptor. The automated, low-cost nature 
    of HTPS allows EPA to test a large number of chemicals in a short 
    period of time. HTPS will provide EPA with preliminary information 
    relating to one of several possible mechanisms by which a chemical may 
    affect the endocrine system. Thus, EPA will use HTPS to assist in 
    setting priorities for further screening; the Agency will not use HTPS 
    alone to decide whether a chemical should or should not move to the 
    next phase in the EDSP.
    
    E. Setting Priorities for Tier 1 Screening
    
        EPA plans to use existing, available information, HTPS data, and 
    the EDPSD to establish Tier 1 screening priorities. EPA anticipates, 
    however, that the quantity and quality of exposure and effects 
    information will be uneven for the majority of chemicals. Thus, to 
    ensure the integrity of the priority-setting process and avoid an 
    ``apples'' to ``oranges'' comparison, EPA plans to adopt a 
    ``compartment-based approach'' to priority setting. The term 
    ``compartment'' refers to the particular information category or 
    criterion or combinations of information or criteria that defines a set 
    of chemicals, just as a group of parameters defines a set of numbers in 
    mathematics. All members of the set must possess the properties 
    required for membership in the compartment and thus will have these 
    elements in common as the basis for comparison. Operationally, EPA will 
    establish a limited number of compartments and sort chemicals into 
    those compartments based on the criteria defining each compartment. EPA 
    will then prioritize chemicals within each of the compartments 
    according to criteria related to those for membership in the 
    compartment. Finally, EPA will recombine the highest priority chemicals 
    in each compartment to form the group of chemicals going into phase 1 
    of the screening program.
        EPA has not identified all of the specific compartments. Examples 
    of compartments, however, may include HPVCs, chemicals in consumer 
    products, chemicals found in biological tissue, pesticide-active 
    ingredients, formulation ingredients in pesticides, and chemicals found 
    in sources of drinking water. A chemical could fall into more than one 
    compartment. To help develop the list of priority-setting compartments, 
    EPA plans to convene a priority-setting workshop for multi-
    stakeholders. The document announcing the priority-setting workshop is 
    published elsewhere in this issue of the Federal Register.
        Pesticides present a special difficulty in priority setting because 
    data on both inert formulation ingredients and active ingredients need 
    to be available at the time of a pesticide's evaluation. This will 
    present some logistical difficulties in prioritizing the screening of 
    pesticide formulations since pesticides with the same active ingredient 
    may contain significantly different formulation inert ingredients.
        Although EPA has not identified all priority-setting compartments, 
    it has decided on some compartments. EPA plans to have a ``mixtures'' 
    compartment, a ``naturally occurring non-steroidal estrogen'' 
    compartment; and a ``nominations'' compartment. Each of these 
    compartments is described in detail in this unit.
        1. Nominations. The priority-setting process generally will give 
    high priority to chemicals with widespread exposure at the national 
    level. However, there are chemicals that result in disproportionately 
    high exposure to identifiable groups, communities, or ecosystems. For 
    these, EPA plans to establish process by which affected citizens can 
    nominate chemicals with regional or local exposure to receive priority 
    for Tier 1 screening (see Unit VI.E. of this notice).
        2. Mixtures. Mixtures, defined as a combination of two or more 
    chemicals, will need special attention during the initial stages of 
    sorting and prioritization because they present unique challenges for 
    testing and hazard assessment. Consequently, EDSTAC recommended that 
    EPA determine the technical feasibility and, where feasible, screen and 
    test representative samples of mixtures from six distinct types of 
    mixtures, including: Contaminants in human breast milk; phytoestrogens 
    in soy-based infant formula; mixtures of chemicals commonly found at 
    hazardous waste sites; pesticide/fertilizers mixtures; disinfection 
    byproducts; and gasoline.
        EPA will investigate the technical feasibility for screening and 
    testing mixtures as recommended by EDSTAC. This will include an 
    evaluation of whether it is possible to identify a reasonable number of 
    representative samples of mixtures from each of the recommended six 
    types of mixtures, as well as the ability to send the representative 
    samples of mixtures through HTPS, Tier 1 screening, and Tier 2 testing 
    depending on their physical properties, and validation and 
    standardization of the results.
        3. Naturally occurring non-steroidal estrogens (NONEs). Another 
    special class of chemicals of interest to EPA are naturally occurring 
    NONEs. These are natural products derived from plants (phytoestrogens) 
    and fungi (mycotoxins). These chemicals occur widely in foods and have 
    the potential to act in an additive, synergistic, or antagonist fashion 
    with other hormonally active chemicals. EPA will work with the Food and 
    Drug Administration (FDA) and the National Toxicology Program to obtain 
    testing of the seven specific NONEs that were identified by EDSTAC.
    
    F. Bypassing Tier 1 Screening
    
        Recognizing the need for flexibility in applying the screening and 
    testing requirements, EPA plans to permit chemicals to bypass Tier 1 
    screening under certain circumstances. If sufficient, scientifically 
    relevant information exists regarding a specific chemical, EPA may move 
    that chemical directly into Tier 2 testing. In addition, EPA may allow 
    a chemical to bypass Tier 1 screening if the chemical's producer or 
    registrant chooses to conduct Tier 2 testing without performing Tier 1 
    screening. Each of these two scenarios has different implications for 
    the information requirements associated with completing Tier 2 testing.
        1. Chemicals that have previously been subjected to 2-generation 
    reproductive toxicity tests. This scenario includes chemicals that have 
    previously been subjected to mammalian and wildlife developmental 
    toxicology and/or reproductive testing, but where the tests did not 
    include endocrine sensitive endpoints included in the most recent 
    Office of Prevention, Pesticides, and Toxic Substances (OPPTS) or 
    Organization for Economic Cooperation and Development (OECD) test 
    guidelines (See Tables 2, 3, and 4 in Unit V.B. of this notice). Food-
    use pesticides fall into this category, as do a small number of certain 
    other pesticides and industrial chemicals. Chemicals and non-food-use 
    pesticides that meet this criterion also will likely be candidates for 
    alternative approaches to Tier 2 testing.
        Chemicals that have data from tests that meet the requirements of 
    the new mammalian guidelines, but not the new wildlife tests, would be 
    subjected to the wildlife testing requirements unless scientifically 
    sound reasons are provided to limit testing.
        2. Chemicals for which there is limited prior toxicology testing. 
    The second bypass scenario includes chemicals whose manufacturer or
    
    [[Page 71550]]
    
    registrant has decided to voluntarily complete Tier 2 testing without 
    having completed the full Tier 1 screening battery or any prior 2-
    generation reproductive toxicity testing. Chemicals that bypass Tier 1 
    screening under this scenario must be evaluated using the entire Tier 2 
    battery (i.e., the mammalian and non-mammalian multi-generation tests 
    with all the recommended test species and endpoints) unless 
    scientifically sound reasons are provided to limit testing.
        EPA will generally follow the guidance set forth in this unit when 
    setting Tier 2 testing priorities for chemicals that bypass Tier 1 
    screening:
        i. If a chemical is deemed to be high priority for Tier 1 screening 
    and the manufacturer or registrant of the chemical decides to 
    voluntarily bypass Tier 1, it should also be high priority for Tier 2 
    testing. Voluntary action on the part of registrants/manufacturers 
    should expedite testing.
        ii. To the extent practicable, pesticides should be tested on the 
    schedule EPA has established for tolerance reassessments, pesticide re-
    registration and registration renewal under the FFDCA and FIFRA, unless 
    HTPS or other data indicate that the pesticide should be tested in a 
    shorter timeframe. EPA does not intend to delay tolerance 
    reassessments, re-registration or registration renewal actions to await 
    implementation the EDSP.
    
    G. Mixtures
    
        For purposes of the EDSP, EPA defines ``mixture'' as a combination 
    of two or more chemicals. EPA will consider most commercial chemicals 
    (class 1 and class 2 substances under TSCA) to be chemicals even though 
    they may contain other substances in them as impurities or exist as 
    complex reaction products. In some cases a commercial product is in 
    reality a complex mixture of unidentified composition in which no 
    single substance predominates. These complex products have Chemical 
    Abstract Service (CAS) numbers and will be regarded as chemicals from a 
    legal and policy perspective but may need to be treated as mixtures 
    from a scientific perspective in the EDSP. This determination will be 
    made case by case.
        EPA recognizes that the science of evaluating mixtures remains 
    complex and unclear, but believes that it should begin to confront the 
    issues raised by them. EPA will sponsor some screening of mixtures 
    after the demonstration of the HTPS and validation of the Tier 1 
    screening battery on single chemicals.
        Initially, EPA plans to include a few mixtures in the HTPS. EDSTAC 
    has recommended that one or more representative samples from each of 
    the following high priority mixtures would be tested:
        1. Contaminants in human breast milk.
        2. Phytoestrogens in infant soy formula.
        3. Mixtures of chemicals found at hazardous waste sites.
        4. Pesticide and fertilizer mixtures.
        5. Disinfection byproducts.
        6. Gasoline.
        EPA also plans to evaluate some mixtures in the Tier 1 screen. If 
    results of Tier 1 are positive for a mixture, the Agency will face a 
    choice of testing the mixture in Tier 2 or determining what substances, 
    or combination of substances, are responsible for the activity. The 
    Agency likely will choose this latter course of action and test the 
    individual active chemical or active fraction in Tier 2.
    
    H. Categories of Chemicals
    
        In its first TSCA proposed test rule (45 FR 48524, July 18, 1980), 
    EPA outlined three approaches for testing chemicals belonging to a 
    chemical category:
        1. Test members of a category as individual chemicals.
        2. Select test substances to represent the structural and chemical 
    variation of the category as a whole.
        3. Subdivide the category into subgroups and choose a 
    representative from each as a surrogate for the entire subgroup.
        For the HTPS, EPA plans to screen all members of a category that 
    are produced in quantities over 10,000 pounds. The Agency will make a 
    case-by-case decision regarding whether all of these chemicals will be 
    required to go through Tier 1. However, it is likely that the HPVCs 
    would be screened in Tier 1 regardless of the strategy used. As 
    Quantitative Structure Activity Relationship (QSAR) modeling becomes 
    more reliable, the two sampling approaches (approaches 2 and 3 as 
    described in this unit) may become more viable alternatives.
    
    V. Screening Program
    
        EPA recognizes that a huge number of chemicals could be evaluated 
    under the EDSP. EPA is adopting EDSTAC's recommendation of a two-tiered 
    system to make the evaluation process more efficient. In Tier 1, a 
    screening battery of assays will identify those chemical substances and 
    mixtures capable of interacting with EAT. Tier 1 covers only screening 
    tests and these alone are not sufficient to determine whether a 
    chemical substance may have an effect in humans that is similar to an 
    effect produced by naturally occurring hormones. The purpose of Tier 2 
    tests is to determine whether a chemical substance or mixture may cause 
    endocrine-mediated effects for EAT, determine the consequences to the 
    organism of the activities observed in Tier 1, and establish the 
    relationship between the doses of the endocrine-active substance 
    administered in the test and the effects observed.
    
    A. Tier 1 Screening
    
        Chemical substances or mixtures can alter endocrine function by 
    affecting the availability of a hormone to the target tissue, and/or 
    affecting the cellular response to the hormone. Mechanisms regulating 
    hormone availability to a responsive cell are complex and include 
    hormone synthesis, serum binding, metabolism, cellular uptake (e.g., 
    thyroid), and neuroendocrine control of the overall function of an 
    endocrine axis. Mechanisms regulating cellular response to hormones are 
    likewise complex and are tissue specific. Because the role of receptors 
    is often crucial to cellular responsiveness, specific nuclear receptor 
    binding assays are included. In addition, tissue responses that are 
    particularly sensitive and specific to a hormone are included as 
    endpoints for Tier 1 screens. In order for the Tier 1 screening battery 
    to discriminate between substances likely to affect the endocrine 
    system and those not likely to affect it, the screening battery should 
    meet the following criteria:
        1. Detect all known modes of action for the endocrine endpoints of 
    concern. All chemicals known to affect the action of EAT should be 
    detected.
        2. Maximize sensitivity to minimize false negatives while 
    permitting a level of as yet undetermined, but acceptable, false 
    positives. The screening battery should not miss potential EAT active 
    materials.
        3. Include a sufficient range of taxonomic groups among the test 
    organisms. There are known differences in endogenous ligands, 
    receptors, and response elements among taxa that may affect endocrine 
    activity of chemical substances or mixtures. The screening battery 
    should include assays from representative vertebrate classes to reduce 
    the likelihood that important pathways for metabolic activation or 
    detoxification of parent chemical substances or mixtures are not 
    overlooked.
        4. Incorporate sufficient diversity among the endpoints and assays 
    to reach conclusions based on ``weight-of-evidence'' considerations. 
    Decisions based on the screening battery results
    
    [[Page 71551]]
    
    will require weighing the data from several assays.
        EPA's Tier 1 screening battery meets these criteria. The proposed 
    Tier 1 screening battery and alternative assays for possible inclusion 
    are:
    
    Proposed Tier 1 Screening Battery
    
    In Vitro
    
        1. Estrogen Receptor (ER) Binding/Transcriptional Activation Assay.
        2. Androgen Receptor (AR) Binding/Transcriptional Activation 
    Assay. 1
    ---------------------------------------------------------------------------
    
        1The ER and AR transcription activitation assays are in the 
    HTPS. Those chemicals which go through the HTPS program, if it is 
    technically feasible and validated, would not be required to 
    separately undergo the first two in vitro assays at the bench.
    ---------------------------------------------------------------------------
    
        3. Steroidogenesis Assay with Minced Testis.
    
     In Vivo
    
        1. Rodent 3-Day Uterotrophic Assay (Subcutaneous (sc)).
        2. Rodent 20-Day Pubertal Female Assay with Thyroid.
        3. Rodent 5-7-Day Hershberger Assay.
        4. Frog Metamorphosis Assay.
        5. Fish Gonadal Recrudescence Assay.
    
     Alternative Assays for Possible Inclusion in Tier 1
    
     In Vitro
    
        1. Placental Aromatase Assay.
    
    In Vivo
    
        1. Modified Rodent 3-Day Uterotrophic Assay (Intraperitoneal).
        2. Rodent 14-Day Intact Adult Male Assay With Thyroid.
        3. Rodent 20-Day Thyroid/Pubertal Male Assay.
        EPA plans to include the alternative assays in the standardization 
    and validation program. Combinations of the alternative assays, if 
    validated and found to be functionally equivalent, could potentially 
    replace three of the component assays in the recommended Tier 1 
    screening battery (in vitro steroidogenesis assay with testis, 20-day 
    pubertal female assay, and 5-7-day Hershberger assay), thereby possibly 
    reducing the overall time, cost, and complexity while maintaining 
    equivalent performance of the overall Tier 1 screening battery.
        1. In vitro assays. EPA has identified two categories of in vitro 
    assays that may be used in Tier 1 screening to assess the binding of 
    test substances to receptors, i.e., cell-free assays for receptor 
    binding and transfected cells designed to detect transcriptional 
    activation. The specific assays chosen, whether done ``at the bench'' 
    or as a HTPS should have the following characteristics:
        a. Evaluate binding to estrogen and androgen nuclear receptors.
        b. Evaluate binding to the receptor in the presence and absence of 
    metabolic capability (e.g., one or more of the P450 isozymes, e.g., 
    cyp1A1, cyp3A4).
        c. Distinguish between agonists and antagonists in functional 
    assays.
        d. Yield dose responses for relative potency of chemical substances 
    or mixtures exhibiting endocrine activity.
        In vitro evaluations can provide both false positive and false 
    negative results.  In vitro false positives (i.e., active in vitro but 
    not in vivo) arise when a chemical is not absorbed or distributed to 
    the target tissue, is rapidly metabolically inactivated and/or 
    excreted, and/or when some other form of toxicity predominates in vivo. 
    False negatives are considered to be of greater concern if in vitro 
    tests were used to the exclusion of in vivo methods. In vitro 
    evaluations can result in false negatives due to their inability, or 
    diminished capacity, to metabolically activate toxicants. As a result, 
    EPA's proposed screening battery includes in vivo methods in 
    conjunction with in vitro techniques. Nevertheless, some in vitro 
    assays may offer distinct advantages over in vivo assays when 
    investigating the activity of specific metabolites.
        The estrogen and androgen receptor binding assays provide an 
    indication of the potential of a substance to disrupt ER or AR function 
    in vivo. In the receptor binding assays the test chemical competes for 
    binding at the receptor with the natural ligand or other strongly 
    binding substance. EPA strongly prefers stably transfected 
    transcriptional-activation assays over receptor binding assays. In 
    addition to binding, there is a consequence to the binding with the 
    transcriptional-activation assay, i.e., transcription (synthesis of 
    messenger Ribonucleic Acid (mRNA)) of a reporter gene and translation 
    of the mRNA to an identifiable detectable protein such as firefly 
    luciferase or beta-galactosidase. This assay can distinguish between 
    agonists and antagonists and can be run with and without metabolic 
    activation.
        The third in vitro assay in the screening battery is the 
    steroidogenesis assay. This assay utilizes minced testes and detects 
    the ability of substances to interfere with the endocrine system by 
    inhibiting the activity of P450 enzymes in the steroid pathway. 
    Inhibition of mammalian-steroid synthesis can potentially result in a 
    broad spectrum of adverse effects in vivo, including abnormal serum 
    hormone levels, pregnancy loss, delayed parturition, demasculinization 
    of male offspring, lack of normal male and female mating behavior, 
    altered estrous or menstrual cyclicity, and altered reproductive organ 
    sizes and weights. Interference with other enzymes involved in the 
    synthesis of specific hormones will be detected in the in vivo assays.
        2. In vivo assays. The value of each individual assay cannot be 
    considered in isolation from the other assays in the screening battery, 
    as they have been combined in a manner such that limitations of one 
    assay are complemented by strengths of another. In vivo assays 
    complement in vitro assays in several important ways. In vivo methods 
    in Tier 1 can help reduce false negatives related to absorption, 
    distribution, metabolism, and excretion of a chemical substance in the 
    absence of knowledge of its pharmacokinetics. In vivo assays typically 
    cover a broader range of mechanisms of action than in vitro assays. It 
    would be impractical to try to include an in vitro assay for every 
    mechanism of action and in some cases it would be impossible as the 
    mechanism would be expressed only in whole animal systems. It is clear 
    that a combination of in vivo and in vitro assays is necessary in order 
    to detect EAT alterations that act via the ER, AR, thyroid receptor 
    (TR), inhibition of steroid hormone synthesis, and/or alterations of 
    the hypothalamic-pituitary-gonadal (HPG) and hypothalamic-pituitary-
    thyroid (HPT) axes. The screening battery, once validated, should 
    detect all chemicals with the potential to disrupt the EAT systems, 
    including xeno(anti)estrogens (that act via the ER or inhibition of 
    aromatase by oral or parenteral administration), xeno(anti)androgens 
    (via AR or hormone synthesis), altered HPG axis, and antithyroid action 
    (via synthesis, metabolism and transport, and the TR). However, results 
    of even the most specific in vivo assays can be affected by endocrine 
    mechanisms other than those directly related to ER, AR, and TR action. 
    The lack of specificity of in vivo assays is a limitation if the goal 
    is to only identify ER, AR, and TR alterations. In contrast, this lack 
    of specificity could be considered an advantage if a broader, more 
    apical screening strategy is desired.
        i. Uterotrophic assay. An increase in uterine weight is generally 
    considered to be one of the best indicators of estrogenicity when 
    measured in the ovariectomized (ovx) or immature female rat or mouse 
    after 1-3 days of treatment. EPA is planning to require as part of the 
    program a 3-day uterotrophic assay using the ovx adult female rat (the 
    duration can be extended if so desired) with 10 animals per group. EPA 
    will require sc treatment because most of the
    
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    historical data are collected in this manner and there are relatively 
    few data concerning the effects of other routes of administration at 
    this time. EPA is also planning to use this assay to detect 
    antiestrogens. When run to detect antiestrogens, a control and 
    xenobiotic-treated group are co-administered with estradiol. The 
    uterotrophic assay is an in vivo check on the ER binding and ER 
    reporter gene assays.
        ii. 20-Day pubertal female with thyroid. The 20-day pubertal female 
    assay is the most comprehensive assay in the screening battery. It can 
    detect thyroid effects, aromatase inhibitors, estrogens, antiestrogens, 
    and agents which interfere with one of the hormone feedback loops that 
    controls maturation and reproduction, the HPG axis. Next to in utero 
    development, the pubertal stage is the most sensitive and vulnerable 
    life stage.
        Exposure of weanling female rats to environmental estrogens can 
    result in alterations of pubertal development (Ramirez and Sawyer 
    1964). Exposure to a weakly estrogenic pesticide after weaning and 
    through puberty induces pseudoprecocious puberty (accelerated vaginal 
    opening without an effect on the onset of estrous cyclicity) after only 
    a few days of exposure (Gray et al. 1989). Pubertal alterations are 
    also observed in girls exposed to estrogen-containing creams or drugs, 
    which induce pseudoprecocious puberty and alterations of bone 
    development (Hannon et al. 1987).
        In the pubertal female assay, oral dosing is initiated in weanling 
    rats at 21 days of age (10 per group, selected for uniform body weights 
    at weaning to reduce variance). The animals are dosed daily, 7 days a 
    week, and examined daily for vaginal opening (one could also check for 
    age at first estrus and onset of estrous cyclicity). Dosing continues 
    until vaginal opening is attained in all females (typically 2 weeks 
    after weaning, unless delayed). The advantage over the uterotrophic 
    assay is that one test detects both agonists and antagonists, it 
    detects xenoestrogens like methoxychlor that are almost inactive via sc 
    injection, it detects aromatase inhibitors, altered HPG function, and 
    unusual chemicals like betasitosterol. In addition, at necropsy one 
    should weigh the ovary (increased in size with aromatase inhibitors, 
    but reduced with betasitosterol), save the thyroid for histopathology, 
    take serum for T4, and measure thyroid-stimulating hormone (TSH). In 
    addition to estrogens, the age at vaginal opening and uterine growth 
    can be affected by alteration of several other endocrine mechanisms, 
    including alterations of the HPG axis (Shaban and Terranova 1986; and 
    Gonzalez et al. 1983). In rats, this event can also be induced by 
    androgens (Salamon 1938; and EGF (Nelson et al. 1991). In the last 20 
    years there have been over 200 publications which demonstrate the broad 
    utility of this assay to identify altered estrogen synthesis, ER 
    action, growth hormone, prolactin, follicle-stimulating hormone (FSH) 
    or luteinizing hormone (LH) secretion, or central nervous system (CNS) 
    lesions.
        iii. Rodent 5-7 day Hershberger assay. This assay is designed to 
    detect androgenic and antiandrogenic effects. In this in vivo assay, 
    sex accessory gland weights (ventral prostate and seminal vesicle 
    separately) are measured in castrated, T-treated adult male rats after 
    4-7 days of treatment by gavage with the test compound. The advantage 
    of this assay is that it is fairly simple, short term, and relatively 
    specific for direct androgenic/antiandrogenic effects compared to other 
    in vivo procedures. To detect both agonists and antagonists the assay 
    requires two-dosing regimes:
        a. Castrated male rat + Xenobiotic (to detect agonist)
        b. Castrated male rat + T + Xenobiotic (to detect antagonist)
        Although the androgens, T, and dihydrotestosterone (DHT), play a 
    predominant role in the growth and maintenance of the size of these 
    accessory gland structures, several other hormones and growth factors 
    can influence sex organ weights including the thyroid and growth 
    hormones, prolactin, and epidermal growth factor (EGF). Exposure to 
    estrogenic pesticides can also reduce sex accessory gland size; 
    however, it is unclear to what degree these reductions result from 
    direct versus indirect action of the chemical. Other useful endpoints 
    that help reveal the mechanism of action include serum hormone levels 
    of T, DHT, LH, AR distribution, TRPM2/C3 gene activation, ornithine 
    decarboxylase (ODC), and 5-alpha-reductase activity in the prostate.
        The prostate and seminal vesicles should be weighed separately 
    because these organs differ with respect to the androgen that controls 
    their growth and differentiation. The prostate is dependent upon 
    enzymatic reduction of T to DHT, whereas the seminal vesicle is less 
    dependent upon this conversion. Hence, effects on 5-alpha-reductase can 
    be distinguished from AR-mediated mechanisms by determining whether the 
    prostate is preferentially affected. Growth of the levator ani muscle 
    is T dependent, having little capacity to convert T to the more potent 
    androgen DHT. Weight of this muscle is useful in identifying anabolic 
    androgens and antiandrogens, and for this reason has been used 
    extensively in the pharmaceutical industry. In order to detect 
    androgenic rather than antiandrogen action one would simply delete the 
    hormone administration from the protocol.
        iv. Frog metamorphosis assay. This assay is in the screening 
    battery to detect thyroid (increase in tail resorption rate) and 
    antithyroid (decrease in tail resorption rate) effects. It also 
    broadens the taxonomic representation of the screening battery. This 
    assay employs intact larval (tadpole) stages of the African clawed frog 
    (Xenopus laevis) exposed over a 14-day time period, 50-64 days of age, 
    to observe the rate of tail resorption (Fort and Stover 1997). Tail 
    resorption can be easily quantified with computer-aided video image 
    processing (Fort and Stover 1997). The molecular mechanisms involved in 
    tail resorption are well characterized (Brown et al. 1995; Hayes 1997a) 
    and this assay is, therefore, considered to be a simple and specific 
    assay for thyroid action. Because evidence also suggests that thyroid 
    action on tail resorption is regulated by corticoids, estrogens, and 
    prolactin (Hayes 1997b), this assay will address distinctive modulating 
    pathways and, in tandem with the 20-day mammalian pubertal assay, a 
    comprehensive screen for thyroid hormone activity is achieved.
        v. Fish gonadal recrudescence assay. This assay is in the Tier 1 
    screening battery because as a group, fish are the most distant from 
    mammals within the vertebrates, and it provides an additional safeguard 
    that endocrine disruptors will not pass through the screen undetected. 
    Intact mature fish maintained under simulated ``winter'' conditions 
    (short-day length, cool temperatures) exhibit regressed secondary sex 
    characteristics and gonad maturation.
        In this assay, intact fish of both sexes (fathead minnow, 
    Pimephales promelas, or other appropriate species) are simultaneously 
    subjected to an increasing photoperiod/temperature regime and test 
    substance to determine potential effects on maturation from the 
    regressed position (recrudescence). The primary endpoints examined in 
    the assay include morphological development of secondary sexual 
    characteristics, ovary and testis development (weight increases), 
    gonadosomatic index (ratio of gonadal weight to body weight), final 
    gamete maturation (ovulation, spermiation), and induction of 
    vitellogenin. This assay is sensitive to HPG axis effects in
    
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    addition to androgen- and estrogen-related activity.
        Having diverse taxa in Tier 1 may give some information on the 
    homology of the endocrine system across species and likelihood of 
    consistent response across taxa and among organisms of the same species 
    and when one must be concerned about variability.
        3. Alternative assays for possible inclusion. These assays are 
    being developed and validated (see Unit VI.F. of this notice) and may 
    be acceptable cost effective substitutes for some of the assays in the 
    primary Tier 1 screening battery of recommended by EDSTAC.
        i. Placental aromatase assay. Aromatase converts T to estradiol. If 
    an assay using a male is substituted for the 20-day pubertal female 
    assay it will be necessary to add this assay to the screening battery 
    since aromatase is present at very low levels in the testis. It is 
    present at higher levels in the ovary, uterus, and placenta. Human 
    placental aromatase is commercially available and could be used in 
    vitro to assess the effects of toxicants on this enzyme.
        ii. Modified rodent 3-day uterotrophic assay (Intraperitoneal). The 
    intraperitoneal (ip) injection method may enhance the sensitivity of 
    the uterotrophic assay and is capable of detecting the estrogenic 
    potential of methoxychlor, which has been cited as an example of a 
    compound not detectable by the sc route. This is an in vivo assay 
    (O'Conner et al. 1996) for estrogenic activity in ovx female rats. It 
    can detect certain antiestrogens with mixed activity, i.e., some 
    agonistic activity (e.g., tamoxifen).
        The rats are injected intraperitoneally with the test agent daily 
    for 3 days. The females are necropsied either 6 hours or 24 hours after 
    the final treatment, depending on the protocol employed by the 
    laboratory. Vaginal cytology is evaluated by vaginal lavage to 
    determine whether the epithelium has become cornified, indicative of 
    estrus. Presence of fluid in the uterine lumen is noted and recorded, 
    and the number of animals that have fluid in the uterus is reported. 
    Fluid imbibition (uptake) is indicative of estrogenic potential. The 
    uterus is excised and weighed. It is then preserved in an appropriate 
    fixative for subsequent histological evaluation, if needed. Subsequent 
    histological evaluation will be triggered by an equivocal uterine 
    weight or uterine fluid response (i.e., an increase that is not 
    statistically significant). This evaluation will consist of a 
    characterization of the appearance of the uterine epithelium, a 
    measurement of uterine epithelial cell height, and epithelial mitotic 
    index or proliferating cell nuclear antigen (PCNA) 
    immunohistochemistry. Uterine cell height and cell proliferation are 
    sensitive indicators of estrogenic potential.
        iii. 14-Day intact adult male assay. This in vivo assay is intended 
    to detect effects on male reproductive organs that are sensitive to 
    antiandrogens and agents that inhibit T synthesis or inhibit 5-alpha-
    reductase (Cook et al. 1997). The proponents of this assay believe that 
    the duration of the assay is sufficient to detect effects on thyroid 
    gland activity. The rats are anatomically intact and mature; therefore, 
    they have an intact HPG axis, allowing an assessment of the higher 
    order neuroendocrine control of male reproductive function and the 
    thyroid. This assay coupled with the aromatase assay could potentially 
    replace the Hershberger and the pubertal female assays in the 
    recommended screening battery. Empirical assessment of this assay has 
    shown it to be sensitive to agents that are directly antiandrogenic, 
    inhibit 5-alpha-reductase, inhibit T synthesis, or affect thyroid 
    function. The sensitivity of this assay, as defined as the ability to 
    detect a hazard, may be comparable to other assays that have been 
    recommended.
        Young adult male rats (70-90 days of age) are used in this assay. 
    They are dosed daily with the test agent for 14 days. The recommended 
    route of administration is ip, which may, in some cases, maximize the 
    sensitivity of the assay. They are necropsied 24 hours after the final 
    dose. Immediately after sacrifice, one cauda epididymis is weighed and 
    processed for evaluation of sperm motility and concentration. The 
    following organs are weighed: Testes, epididymides, seminal vesicles, 
    and prostate. The following are fixed and evaluated histologically: One 
    testis and epididymis and the thyroid. The following hormones are 
    measured in blood plasma: T4, TSH, LH, T, DHT, and estradiol.
        iv. Rodent 20-day thyroid/pubertal male assay. This assay (in 
    conjunction with the aromatase assay) is another candidate to replace 
    the pubertal female and Hershberger assays in the screening battery. 
    The thyroid/pubertal male assay detects androgens and antiandrogens in 
    vivo in a single stage-apical test. ``Puberty'' is measured in male 
    rats by determining age at preputial separation (PPS). Preputial 
    separation and sex accessory gland weights are sensitive endpoints. 
    However, a delay in PPS is not pathognomonic for antiandrogens. 
    Pubertal alterations result from chemicals that disrupt hypothalamic-
    pituitary function (Huhtaniemi et al. 1986), and, for this reason, 
    additional in vivo and in vitro tests are needed to identify the 
    mechanism of action responsible for the pubertal alterations. For 
    example, alterations of prolactin, growth hormone, gonadotrophin (LH 
    and FSH) secretion, or hypothalamic lesions alter the rate of pubertal 
    maturation in weanling rats. Sex accessory gland weights in intact-
    adult male rats also can be affected directly or indirectly by toxicant 
    exposure. The HPG axis in an intact animal is able to compensate for 
    the action of antiandrogens by increasing hormone production, which 
    counteracts the effect of the antiandrogen on the tract (Raynoud et al. 
    1984; Edgren 1994; Hershberger 1953).
        Delays in male puberty result from exposure to both estrogenic and 
    antiandrogenic chemicals including methoxychlor (Gray et al. 1989), 
    vinclozolin (Anderson et al. 1995b and dichlorodiphenyldichloroethylene 
    (p,p' DDE) (Kelce et al. 1995). Exposing weanling male rats to the 
    antiandrogenic pesticides p,p' DDE or vinclozolin delays pubertal 
    development in weanling male rats as indicated by delayed PPS and 
    increased body weight (because they are older and larger) at puberty. 
    In contrast to the delays associated with exposure to estrogenic 
    substances, antiandrogens do not inhibit food consumption or retard 
    growth (Anderson et al. 1995). Antiandrogens cause a delay in PPS and 
    affect a number of endocrine and morphological parameters including 
    reduced seminal vesicle, ventral prostate, and epididymal weights. It 
    is apparent that PPS is more sensitive than are organ weights in this 
    assays. In addition, responses of the HPG are variable. In studies of 
    vinclozolin, increases in serum LH were a sensitive response to this 
    antiandrogen, whereas serum LH is not increased in males exposed to 
    p,p' DDE during puberty (Kelce et al. 1997). Furthermore, a systematic 
    review of the literature indicates that the sex accessory glands of the 
    immature intact-male rat are consistently more affected than in the 
    adult intact-male rat.
        Animals are dosed by gavage beginning 1 week before puberty (which 
    occurs at about 40 days of age) and PPS is measured. Androgens will 
    accelerate and antiandrogens and estrogens will delay PPS. The assay 
    takes about 3 weeks and allows for comprehensive assessment of the 
    entire endocrine system in one study. The animals (10 per group, 
    selected for uniform body weights to reduce variance) are dosed daily, 
    7 days a week, and examined daily for PPS. Dosing continues until 53
    
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     days of age; the males are then necropsied. The body, heart (thyroid), 
    adrenal, testis, seminal vesicle plus coagulating glands (with fluid), 
    ventral prostate, and levator ani plus bulbocavernosus muscles (as a 
    unit) are weighed. The thyroid is retained for histopathology and serum 
    is taken for T4, T3, and TSH. Testosterone, LH, prolactin, and DHT 
    analyses are optional. These endpoints take several weeks to evaluate 
    and are affected not only by estrogens but by environmental 
    antiandrogens, drugs that affect the hypothalamic-pituitary axis 
    (Hostetter and Piacsek 1977; Ramaley and Phares 1983), and by prenatal 
    exposure to 2,3,78-tetrachlorodibenzo-p-dioxin (TCDD) (Gray et al. 
    1995a; Bjerke and Peterson 1994) or dioxin-like PCBs (Gray et al. 
    1995b). In contrast to these other mechanisms, only peripubertal 
    estrogen administration accelerates this process in the female and 
    delays it in the male. Preputial separation in the male rodent is easy 
    to measure and this is not a terminal measure (Korenbrot et al. 1977). 
    Age and weight at puberty, reproductive organ weights, and serum 
    hormone levels can also be measured.
        As indicated in this unit, the determination of the age at 
    ``puberty'' in the male rat uses endpoints that already have gained 
    acceptance in the toxicology community. Preputial separation in the 
    male is a required endpoint in the new EPA 2-generation reproductive 
    toxicity test guideline. In this regard, this assay would be easy to 
    implement because these endpoints have been standardized and validated 
    and PPS data are currently being collected under Good Laboratory 
    Practice (GLP) conditions in most toxicology laboratories. In addition, 
    PPS data are reported in many recently published developmental 
    reproduction studies (i.e., see studies from R.E. Peterson's, J. 
    Ashby's, R. Chapin's, and L.E. Gray's laboratories on dioxins, PCBs, 
    antiandrogens, and xenoestrogens).
        4. Selection of doses in screening assays. All in vitro screening 
    assays (including the steroidogenesis assay) will involve multiple-dose 
    levels, whether performed by HTPS or bench level methods, so a dose-
    response curve and assessment of relative potencies can be developed. 
    EDSTAC recommended that in vivo screening assays be conducted at a 
    single-dose level to save testing resources. In comments on the draft 
    EDSTAC Report the SAB/SAP raised concern that relying on a single-dose 
    level might give false negative results. EPA believes this question can 
    be resolved in the standardization and validation program. EPA will 
    require one-, two-, or three-dose levels for in vivo screens depending 
    upon the results of the standardization and validation program. 
    Information to assist in selecting the doses in the in vivo screens 
    includes:
        i. Prior information, such as that available during the priority-
    setting phase.
        ii. Results from the HTPS (or its equivalent bench-level assays).
        iii. Results from range-finding studies, utilized for T1S dose 
    selection.
        Results from the HTPS (or its equivalent) will provide potency 
    information (i.e., EC 50) relative to a positive control such as 17-
    beta estradiol (E2), diethylstilbestrol (DES), or T for those chemical 
    substances or mixtures which bind to the estrogen or androgen 
    receptors. Information on the in vitro effective doses of E2, DES, or 
    T, can be used to set the dose level(s), based on the validation 
    process, for the in vivo Tier 1 screening assays for these chemical 
    substances or mixtures.
        It may be more cost effective to conduct the shortest of the in 
    vivo screening assays at several doses without the intermediate step of 
    a range finding study since repeating the study at different doses in 
    the event that inappropriate doses are used would be relatively 
    inexpensive. A range-finding study can be performed at multiple dose 
    levels (at least five) with a few animals per dose level and a limited 
    number of relevant endpoints. In general, range-finding studies should 
    meet the following guidelines:
        i. Use of the same species strain, sex(es), and age in the assay 
    for which it is being performed (principal study).
        ii. Use of the same route of administration, vehicle, and duration 
    of dosing as in the principal study.
        iii. Use of multiple dose levels; the number of dose levels will 
    depend on the availability and extent of prior information.
        iv. Use of multiple animals per dose level which may be fewer than 
    the number used per group in the assay.
        v. Use of relevant endpoints, which may be more limited than those 
    in the main assay; for example, the range-finding study for the 
    uterotrophic assay may employ only body weights and uterine wet weight, 
    while the full screening assay may also evaluate uterine gland height, 
    serum hormone levels, and/or vaginal cornification, etc.
        vi. Use of comparable animals, e.g., ovarectomized females for the 
    uterotrophic range-finding study or castrated males for the Hershberger 
    range-finding assay. However, there may be circumstances under which 
    exceptions occur, e.g., use of intact males in the range-finding study 
    for the Hershberger assay to define doses producing systemic toxicity 
    and any effects on the reproductive system as a first pass 
    approximation.
        vii. Use of more than one range-finding study if the initial 
    version does not identify the dose level(s) to be used in the specific 
    Tier 1 screening assay if necessary by extrapolation or interpolation.
        The doses to be selected for the in vivo assays should not result 
    in excessive systemic toxicity, but should result in effects useful for 
    detection of potential EAT disruption. However, no-dose level higher 
    than one gram/kilogram body weight/day (i.e., a ``limit'' dose) should 
    be utilized. The rationale for selection of dose levels for each range-
    finding study, all of the results for such studies, and the logic 
    employed to select the dose level(s) for the principal study should be 
    included in the submission of study results for evaluation by the 
    Agency as to the appropriateness of the study design, conduct, and 
    conclusions.
    
    B. Tier 2 Testing
    
        The purpose of Tier 2 testing is to characterize the likelihood, 
    nature, and dose-response relationship of the endocrine disruption of 
    EAT in humans, fish, and wildlife. To fulfill this purpose, the tests 
    are longer-term studies designed to encompass critical life stages and 
    processes, a broad range of doses, and administration of the chemical 
    substance by a relevant route of exposure, to identify a more 
    comprehensive profile of biological consequences of chemical exposure 
    and relate such results to the dose or exposure which caused them. Dose 
    selection, specifically the use of environmentally relevent low doses 
    for endocrine disruptor testing, has not been conclusively resolved. 
    The EPA will continue its collaborations with other Federal agencies, 
    industry, and environmental and public health organizations regarding 
    low-dose research projects to resolve outstanding scientific questions. 
    Effects associated with endocrine disruption may be latent and not 
    manifested until later in life or may not appear until the reproductive 
    period is reached. Unless a rationale exists to limit the test to 1 
    generation, tests for endocrine disruption will usually encompass 2 
    generations including effects on fertility and mating, embryonic 
    development, sensitive neonatal growth and development, and 
    transformation from the juvenile life stage to sexual maturity.
        The outcome of Tier 2 is designed to be conclusive in relation to 
    the outcome
    
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    of Tier 1 and any other prior information. Thus, a negative outcome in 
    Tier 2 will supersede a positive outcome in Tier 1. Furthermore, each 
    full test in Tier 2 has been designed to include those endpoints that 
    will allow a definitive conclusion as to whether or not the tested 
    chemical substance or mixture is or is not an endocrine disruptor for 
    EAT in that species/taxa. Conducting all five tests in the Tier 2 
    testing battery would provide a more comprehensive profile of the 
    effects a chemical substance or mixture could induce via EAT disruption 
    mode(s)/mechanism(s) of action than would be the case if only a subset 
    of tests or less comprehensive tests were performed. Considerations for 
    determining whether the full battery of comprehensive tests should be 
    implemented include an understanding of mechanisms of action, 
    environmental fate and transport, persistence, potential for 
    bioaccumulation, and potential exposure. EPA plans to require that all 
    tests be performed in Tier 2 with all endpoints, unless compelling 
    information is presented to show why testing should be limited.
        Despite the design of Tier 2 to be as definitive as possible, there 
    will always be situations in which ambiguous results are obtained. In 
    some of these cases a weight of evidence approach using Tier 1 and Tier 
    2 data together may resolve the ambiguity. In others, it may be 
    necessary to conduct additional special studies or to repeat a test to 
    resolve the data interpretation issues.
        1. Tier 2 tests. EPA is proposing that the Tier 2 test battery 
    include the following tests: 2-Generation Mammalian Reproductive 
    Toxicity Study, Avian Reproduction, Fish Reproduction, Amphibian 
    Reproduction and Developmental Toxicity, and Invertebrate Reproduction.
        Except for the amphibian reproduction and developmental toxicity 
    study, these tests are routinely performed for pesticides with 
    widespread outdoor exposures that are expected to affect reproduction. 
    Modifications to each may be necessary to enhance the ability to detect 
    endocrine-related effects. The amphibian test, though not standardized, 
    is important because of the extensive fundamental knowledge base on 
    amphibian development and the realization that amphibians may serve as 
    key indicators of the health of the environment.
        There is utility in considering the results of the entire battery 
    when assessing human risk. For instance, if the results from different 
    taxa produce similar results, one can feel more confident that the 
    results are generally applicable to humans. If the results are widely 
    divergent, either qualitatively or quantitatively, it indicates greater 
    biological variability and perhaps additional caution in conducting a 
    hazard assessment.
        i. Mammalian reproductive toxicity. The 2-generation reproductive 
    toxicity study in rats (40 CFR 799.9380; OPPTS Guideline 870.3800; OECD 
    Guideline No. 416, 1983; FIFRA, Subdivision F, Guidelines 83-4) is 
    designed to evaluate comprehensively the effects of a chemical on 
    gonadal function, estrous cycles, mating behavior, fertilization, 
    implantation, pregnancy, parturition, lactation, weaning, and the 
    offspring's ability to achieve adulthood and successfully reproduce, 
    through 2 generations, one litter per generation. While administration 
    is usually oral (dosed feed, dosed water, or gavage), other routes are 
    acceptable if justified (e.g., inhalation). In addition, the study also 
    provides information about neonatal survival, growth, development, and 
    preliminary data on possible teratogenesis.
        In the existing 2-generation reproductive toxicity test, a minimum 
    of three-treatment levels and a concurrent control group are required. 
    At least 20 males and sufficient females to produce 20 pregnant females 
    must be used in each group as prescribed in this current guideline. The 
    highest dose must induce toxicity (or meet the limit dose requirement) 
    but not exceed 10% mortality. In this study, potential hormonal effects 
    can be detected through behavioral changes, ability to become pregnant, 
    duration of gestation, signs of difficult or prolonged parturition, 
    apparent sex ratio (as ascertained by anogenital distances) of the 
    offspring, feminization or masculinization of offspring, number of 
    pups, stillbirths, gross pathology and histopathology of the vagina, 
    uterus, ovaries, testis, epididymis, seminal vesicles, prostate, and 
    any other identified target organs.
        Table 2 provides a summary of the endpoints evaluated within the 
    framework of the experimental design of the updated 2-generation 
    reproductive toxicity test (and some recommended additional endpoints 
    for validation and inclusion to cover EAT concerns). These endpoints 
    are comprehensive and cover every phase of reproduction and 
    development. Tests that measure only a single dimension or component of 
    hormonal activity, (e.g., in vitro or short-term assays) provide 
    supplementary and/or mechanistic information cannot provide the breadth 
    of information that is critical for risk assessment.
        Additionally, in this study type, hormonally induced effects such 
    as abortion, resorption, or premature delivery as well as abnormalities 
    and anomalies such as masculinization of the female offspring or 
    feminization of male offspring, can be detected. Substances such as the 
    phytoestrogen, coumesterol, and the antiandrogen cyproterone acetate, 
    which possess the potential to alter normal sexual differentiation, 
    were similarly detected in this study test system (i.e., 1982 
    Guideline).
        Table 2 contains two types of lists: First, those endpoints 
    required in current EPA harmonized 1998 test guidelines; second, 
    additional endpoints recommended by EDSTAC for validation and inclusion 
    in both the recommended 2-generation test, as well as the alternative 
    mammalian tests discussed in Unit V.B.3. of this notice. These 
    additional endpoints will detect EAT effects.
        The default assumption is that all of these endpoints would be 
    evaluated unless the conditions which are set forth in the guidelines 
    for determining the selection of endpoints are met.
    
        Table 2.--Mammalian Tier 2 Test Endpoints
    
    Current Guideline Endpoints Sensitive to Estrogens/Antiestrogens
    
    sexual differentiation
    gonad development (size, morphology, weight)  accessory 
    sex organ (ASO) development
    ASO weight  fluid; histology
    sexual development and maturation: Acquisition of vaginal patency 
    (VP), PPS
    fertility
    fecundity
    time to mating
    mating and sexual behavior
    ovulation
    estrous cyclicity
    gestation length
    abortion
    premature delivery
    dystocia
    spermatogenesis
    epididymal sperm numbers and morphology; testicular spermatid head 
    counts; daily sperm production (DSP); efficiency of DSP
    gross and histopathology of reproductive tissues
    anomalies of the genital tract
    viability of the conceptus in utero (prenatal demise)
    survival and growth of offspring
    maternal lactational behaviors (e.g., nursing, pup retrieval, etc.)
    
    Current Guideline Endpoints Sensitive to Androgens/Antiandrogens
    
    altered apparent sex ratio (based on AGD)
    malformations of the urogenital system
    altered sexual behavior
    changes in testis and ASO weights
    effects on sperm numbers, morphology, etc.
    retained nipples in male offspring
    
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    altered AGD (now triggered from PPS/VP)
    reproductive development; PPS/VP (puberty)
    male fertility
    agenesis of prostate
    changes in androgen-dependent tissues in pups and adults (not 
    limited to sex accessory glands)
    
    Recommended Additional Estrogen/Androgen Endpoints for Validation 
    and Inclusion
    
    ASO function (secretory products)
    sexual development and maturation (nipple development and retention)
    androgen and estrogen levels
    LH and FSH levels
    testis descent
    
    Current Guideline Endpoints Sensitive to Thyroid Hormone
    
    Agonists/Antagonists (general)
    growth, body weight
    food consumption, food efficiency
    developmental abnormalities
    perinatal mortality
    testis size and DSP
    VP; PPS
    
    Recommended Additional Thyroid Endpoints for Validation and 
    Inclusion
    
    neurobehavioral deficits (see developmental landmarks in this unit)
    TSH, T4, thyroid weight and histology (e.g., goiter)
    developmental landmarks:
    prewean includes pinna detachment, surface righting reflex, eye 
    opening, acquisition of auditory startle, negative geotaxis, mid-air 
    righting reflex, motor activity on PND 13, 21, etc.
    postwean includes motor activity PND 21 and postpuberty ages (sex 
    difference); learning and memory PND 60--active avoidance/water maze
    brain weight (absolute), whole and cerebellum
    brain histology
    
        ii. Avian reproduction test. While birds are not included as 
    subjects in the Tier 1 screening battery, it is important to evaluate 
    the effects of exposure of birds to chemical substances or mixtures 
    with endocrine activity.
        EPA is planning to modify its Avian Reproduction Test guideline 
    (OPPTS Guidelines 850.2300) for use in the endocrine disruptor testing 
    program. The modification include: The additional endpoints presented 
    in this unit to make the test more sensitive to chemical substances or 
    mixtures with endocrine activity. Table 3 provides a summary of the 
    endpoints evaluated within the framework of the Avian Reproduction Test 
    (and recommended additional endpoints for validation and inclusion to 
    cover EAT concerns). Two important extensions of this guideline include 
    modification and standardization of the husbandry and dosing of the 
    offspring from EPA's Avian Reproduction Test guidelines (OPPTS 
    Guidelines 850.2300) to create a 2-generation avian reproduction test 
    and evaluation of an additional exposure pathway (i.e., direct topical 
    exposure, which is common in the wild, by dipping eggs). The extensions 
    to the guideline are outlined in Appendix Q in the EDSTAC Final Report 
    (EDSTAC, 1998).
        In the current Avian Reproduction Test guidelines, two species are 
    commonly used, mallards and northern bobwhite. Exposure of adults 
    begins prior to the onset of maturation and egg laying and continues 
    through the egg-laying period; their offspring are exposed, in early 
    development, by material deposited into the egg yolk by the females. 
    These offspring can be used efficiently to test for the effects of 
    chemical substances or mixtures on avian development. There are several 
    endpoints currently required (see OPPTS Guidelines 850.2300(c)(2)) that 
    are particularly relevant to disruption of endocrine activity, 
    including: Eggs laid, cracked eggs, eggshell thickness, viable embryos, 
    and chicks surviving to 14 days. EPA is extending the guidelines to 
    require: Additional measurements of circulating steroid titers, thyroid 
    hormones, major organ (including brain) weights, gland weights, bone 
    development, leg and wing bone lengths, and ratios of organ weights to 
    bone measurements; skeletal x-rays; histopathology; functional tests; 
    and assessment of reproductive capability of offspring (Baxter et al. 
    1969; Bellabarba et al. 1988; Dahlgren and Linder 1971; Emlen 1963; 
    Cruickhank and Sim 1986; Fleming et al. 1985a; Fleming et al. 1985b; 
    Fox 1976; Fox et al. 1978; Freeman and Vince 1974; Hoffman and Eastin 
    1981; Hoffman and Albers 1984; Hoffman 1990; Hoffman et al. 1993; 
    Hoffman et al. 1996; Jefferies and Parslow 1976; Kubiak et al. 1989; 
    Maguire and Williams 1987; Martin 1990; Martin and Solomon 1991; 
    McArthur et al. 1983; McNabb 1988; Moccia et al. 1986; Rattner et al. 
    1982; Rattner et al. 1987; Summer et al. 1996; Tori and Mayer 1981).
    
        Table 3.--Avian Reproduction Test Endpoints
    
    Current Guideline Endpoints Sensitive to Estrogens/Antiestrogens, 
    Androgens/Antiandrogens, and/or HPG Axis
    
    egg production
    eggs cracked
    viable embryos (fertility)
    eggshell thickness
    fertilization success
    live 18-day embryos
    hatchability
    14-day-old survivors
    
    Recommended Additional Endpoints for Validation and Inclusion
    
    sex ratio
    major organ (including brain) weights
    gland weights
    histopathology
    plasma steroid concentrations
    neurobehavioral test (e.g., nest attentiveness)
    
    Current Guideline Endpoints Sensitive to Thyroid Hormone Agonists/
    Antagonists
    
    body weight of adults
    food consumption of adults
    body weight of 14-day-old survivors
    developmental abnormalities
    
    Recommended Additional Endpoints for Validation and Inclusion
    
    plasma T3/T4
    thyroid histology
    bone development (skeletal x-ray)
    ratio of organ weights to bone measurements
    neurobehavioral test (cliff test)
    cold stress test
    
        iii. Fish reproduction test. Fish are the most diverse of all 
    vertebrates. Reproductive strategies extend from oviparity, to 
    ovoviviparity, to true viviparity. The consequences of an endocrine 
    disruptor may be quite different across the many families of fishes. As 
    a first step though, EPA plans to require use of fathead minnows, or in 
    special cases, sheepshead minnows in the Fish Life Cycle Test. The Fish 
    Life Cycle Test consists of continuous exposure from fertilization 
    through development, maturation, and reproduction, and early 
    development of offspring with a test duration of up to 300 days. EPA 
    also anticipates use of the fathead minnow in the Tier 1 fish gonadal 
    recrudescence assay, and as such, the relevance of any activity 
    detected in the screening assay would be evaluated. If exposure to a 
    particular chemical substance or mixture is predominantly estuarine or 
    marine, EPA may require use of the estuarine sheepshead minnow 
    (Cyprinodon variegatus) in the test. However, EPA will permit 
    flexibility to species selection with appropriate justification as to 
    species choice by the test sponsor.
        The Fish Life Cycle Test (OPPTS 850.1500) follows procedures 
    outlined in (Benoit 1981) for the fathead minnow and (Hansen et al. 
    1978) for the sheepshead minnow. In general, the test begins with 200 
    embryos distributed among eight incubation cups in each treatment 
    group. When hatching is completed, the number of larvae are reduced to 
    25 individuals, if available, which are released to each of four 
    replicate larval growth chambers. Four weeks following their release 
    into the larval growth chambers, the number of juvenile fish are 
    reduced again and 25 individuals, if available, distributed to each of 
    two replicate adult test chambers. When fish reach sexual
    
    [[Page 71557]]
    
    maturity, fish are separated into spawning groups (pairs or one male/
    two females) with a minimum of eight breeding females. Remaining adults 
    will be maintained in the tank but will be segregated from the spawning 
    groups. Adults will be allowed to reproduce, at will, until the 300th 
    day of exposure. Alternatively, the test may be continued past 300 days 
    until 1 week passes in which no eggs from any group have been laid. The 
    embryos and fish are exposed to a geometric series of at least five 
    test concentrations, a negative (dilution water) control, and, if 
    necessary, a solvent control.
        Assessment of effects on offspring of the parental group (first 
    filial or F1 generation) will be made by collecting two groups of 50 
    embryos from each experimental group and incubating those embryos. When 
    embryos hatch, the number of larvae hatched from each group will be 
    impartially reduced to 25, if available, and released into the larval 
    growth chambers. After 4 weeks of exposure, lengths, and weights of 
    surviving individuals will be recorded.
        Observations are made of the effects of the test substance on 
    embryo hatching success, larvae-juvenile-adult survival, growth of 
    parental and F1 generation, and reproduction of the adults. Table 4 
    provides a summary of the endpoints evaluated within the framework of 
    the Fish Life Cycle Test (and recommended additional endpoints for 
    validation and inclusion to cover EAT concerns).
    
        Table 4.--Fish Reproduction Test Endpoints
    
    Current Guideline Endpoints Sensitive to Estrogens/Antiestrogens, 
    Androgens/Antiandrogens, and/or HPG Axis
    
    viability of embryos
    time to hatch
    spawning frequency
    egg production
    fertilization success
    
    Recommended Additional Endpoints for Validation and Inclusion
    
    sexual differentiation (tubercle formation, gonadal histology)
    sex ratio
    gonadosomatic index
    gamete maturation (production, final oocyte maturation, sperm 
    motility test, etc.)
    vitellogenin
    plasma steroid concentrations
    in vitro gonadal steroidogenesis
    
    Current Guideline Endpoints Sensitive to Thyroid Hormone Agonists/
    Antagonists
    
    growth, length, and body weight
    developmental abnormalities
    
    Recommended Additional Endpoints for Validation and Inclusion
    
    plasma T3/T4
    thyroid histopathology
    bone development (skeletal x-ray)
    ration of organ weights to bone measurements
    neurobehavioral test (cliff test)
    cold stress test
    
        iv. Invertebrate reproduction test. Although invertebrates do not 
    generate EAT, EPA plans, through use of this test, to examine in more 
    depth invertebrate hormones that are functionally equivalent to EAT. 
    The species of choice would be mysids or daphnia.
        Although neither the daphnia nor the mysid chronic test was 
    designed to examine endocrine-specific endpoints, both species are 
    crustaceans and therefore share common physiology. Ecdysone is a 
    steroid hormone that regulates growth and molting in arthropods, and 
    exhibits some functional and structural similarities to estrogen. The 
    central role of ecdysone makes it an attractive candidate for examining 
    endocrine effects in invertebrates; however, other possibilities also 
    exist. Morphogenetic and reproductive development of arthropods is 
    controlled in part by juvenile hormone (JH). Methyl farnesoate is a JH 
    like compound that may play a role in reproduction and development 
    (Borstet et al. 1987; Laufer et al. 1987a,b).
        Invertebrate hormones are beyond the immediate scope of the EDSTAC 
    which has focused on the vertebrate EAT. Nevertheless, invertebrate 
    hormones that are functionally equivalent to EAT need to be examined in 
    more depth. More importantly, chemicals that affect these vertebrate 
    hormones may also affect invertebrate hormones resulting in altered 
    reproduction, development, and growth.
        Chemicals with estrogenic properties are reported to have altered 
    normal function of ecdysone systems (Mortimer 1993, 1994, 1995a, 1995b; 
    Chu et al. 1997). Satyanarayana et al. 1994 showed stimulation of 
    vitellogenin in insect prepupae and pupae by methoprene, a JH mimic 
    with retinoid properties. Whether vitellogenin production is controlled 
    through either an estrogen receptor or an alternative mechanism is not 
    crucial for obtaining test results that show alteration occurs.
        Therefore, the mysid shrimp chronic life cycle test (OPPTS 
    850.1350) may be adapted to determine whether chemicals that affect 
    hormonal activity in vertebrates also affect arthropods. Once adapted 
    to include reproductive and developmental endpoints relevant to the 
    EDSP, the test could be a useful component in screening and testing.
        The other common invertebrate bioassay, one using the water flea, 
    daphnia, is used internationally (OECD Guideline No. 202). It 
    incorporates life cycle assessment and reproductive and developmental 
    endpoints, albeit applied quite differently in this group of animals. 
    Reproduction is usually parthenogenic in the laboratory in these 
    animals, limiting the applicability to endpoints identified in this 
    report. The particular aspect of this system is that the daphnia is 
    sensitive to estrogenic compounds (Baldwin et al. 1995; Baldwin et al. 
    1997; Shurin and Dodson 1997), and possesses receptors for T, making 
    the system sensitive to another vertebrate hormone. Again, this 
    bioassay would have to be adapted for the endpoints and processes of 
    interest in the EDSP as a protocol for including invertebrate species 
    in the endpoints addressed by the EDSP screening and testing batteries. 
    Other invertebrates, such as molluscs, crayfishes, and echinoderms, do 
    have EAT, but again relevant standardized tests for evaluating the 
    consequences of interfering with these systems are not currently 
    available. It is simply not known whether one (mysid) or two (mysid and 
    daphnia) Tier 2 tests will provide sufficiently valid information for 
    other invertebrate groups not tested. This is a source of uncertainty, 
    potentially leading to Type II errors of unknown magnitude. These 
    issues will be addressed during the development and validation of this 
    assay.
        v. Amphibian development and reproduction. A definitive amphibian 
    test, which exposes larvae through metamorphosis and reproduction, is 
    important to evaluate the consequences of endocrine disruption in 
    poikilothermic oviparous vertebrate distinct from fishes. A rich 
    literature on metamorphosis, growth, and reproduction exists for frogs. 
    No established method has been identified which is suitably 
    comprehensive to serve as a Tier 2 test at this time but a promising 
    method is under development by EPA.
        2. Alternative test procedures--i. Alternative Mammalian 
    Reproduction Test (AMRT). One alternative to the 2-generation test 
    procedure in Unit V.B.1.i. of this notice is the AMRT. The objectives 
    of this test are to describe the consequences of in utero and/or 
    lactational exposure on reproduction and development from compounds 
    that displayed EAT activity in the Tier 1 screens. If validated, this 
    test may be used, under certain defined circumstances, instead of the 
    recommended 2-generation reproductive toxicity test (TSCA guidelines, 
    1997) in Tier 2 tests. In this regard, the test will be conducted with
    
    [[Page 71558]]
    
    at least three treatment groups plus a control and include endpoints 
    sensitive to chemicals that alter development via EAT activities. As 
    with the 2-generation mammalian reproductive toxicity study, the 
    default assumption is that all of the endpoints would be evaluated in 
    the AMRT, unless the conditions set forth in the guidelines for 
    determining the selection of endpoints are met.
        The AMRT involves exposure of maternal rats (designated F0 
    generation) from gestational day 6 (time of implantation), through 
    parturition (birth), and through the lactation period until weaning of 
    offspring (designated F1 generation) on post-natal day 21. F1 offspring 
    (both sexes) are retained after weaning with no exposures for 10 weeks 
    and then mated within groups. F1 males are necropsied after the mating. 
    F1 females and their litters (designated the F2 generation) are 
    retained until the F2 generation is weaned. F0 females (and a subset of 
    F1 weanlings) are necropsied with organ weights and possible 
    histopathology. F1 animals are evaluated for reproductive development 
    (VP, PPS), estrous cyclicity, and, at necropsy, for organ weights, 
    possible histopathology, andrological assessments, and T3/T4 (with TSH 
    triggered). F2 weanlings are counted, sexed, weighed, examined 
    externally, and discarded.
        The AMRT differs from the ``standard'' 2-generation study design in 
    that it:
        a. Does not include exposures prior to mating, during mating, or 
    during the early pre-implantation stage of pregnancy in the dams.
        b. Does not include exposures to parental males.
        c. Does not include direct exposure to the postweanling offspring; 
    potential exposure is limited to in utero transplacental and/or 
    lactational routes.
        The AMRT differs from the 1-generation test (see Unit V.B.2.ii. of 
    this notice) in that its study design provides for:
        a. Exposure to the F0 dam only from gestational day 6 through 
    weaning of the F1 offspring on post-natal day 21.
        b. No exposure to parental males.
        c. Mating of the F1 animals (who have not been directly exposed) to 
    produce F2 offspring.
        d. Following the F2 offspring to weaning (post-natal day 21).
        ii. 1-Generation reproduction toxicity test. A second alternative 
    to the standard 2-generation reproductive toxicity test is a 1-
    generation reproductive toxicity test, which has been used in rats and 
    mice. The 1-generation reproductive toxicity test has been used as a 
    range-finding study prior to performance of a guideline 2-generation 
    (or more) study for the last 10 years under EPA (TSCA/FIFRA) GLPs; the 
    design is similar to that used by Sharpe et al. 1996. This is a 
    shortened, scaled-down version of the new draft OPPTS and Final TSCA 
    guidelines for reproductive toxicity testing. As with the 2-generation 
    mammalian reproductive toxicity study, the default assumption is that 
    all of the endpoints would be evaluated in the 1-generation test, 
    unless the conditions set forth in the guidelines for determining the 
    selection of endpoints are met.
        The 1-generation test is a less comprehensive evaluation of 
    functional reproductive development than the AMRT (since it does not 
    follow F1 animals through production of F2 offspring), but it has the 
    advantage of assessing post-natal development and adult reproductive 
    capacity after in utero lactational and post-lactational exposure. In 
    the presence of continued exposure, the post-natal component of the 
    test is extended to evaluate acquisition of VP, PPS, estrous cyclicity, 
    and andrological assessments in the F1 offspring. Inappropriate 
    retention of Mullerian duct derivations (e.g., oviducts) in males and 
    of Wolffian duct derivatives (e.g., seminal vesicles, epididymides) in 
    females can be identified in all three proposed tests (with or without 
    satellite F0 females and examination of term fetuses).
        The 1-generation test involves a short prebreed-exposure period for 
    male and female rats of the initial parental generation (designated 
    F0), and exposure continues through mating, gestation, and lactation of 
    F1 litters. F0 males are necropsied after F1 deliveries; F0 females are 
    necropsied after F1 weaning. Postweanling F1 animals are directly 
    exposed for a 10-week postwean period and are then necropsied. F1 
    animals are evaluated for reproductive development (VP, PPS), estrous 
    cyclicity and at necropsy for organ weights, possible histopathology, 
    andrological assessments, and T3/T4 (TSH triggered). F0 animals will 
    undergo the same necropsy assessments.
        The 1-generation test differs from the ``standard'' 2-generation 
    study design in that it:
        a. Is shorter (basic design calls for 2 weeks but it can be 
    extended) than the standard 2-generation study (10 weeks to encompass 
    one full spermatogenic cycle in rats), though it does include a 
    prebreed-exposure period.
        b. Does not evaluate effects of in utero and/or lactational 
    exposure (and beyond) on generation of F2 offspring though it does 
    include direct exposure of F1 offspring after weaning, including 
    exposure through puberty and sexual maturation. F1 male and female 
    reproductive organs (weight/histology), estrous cyclicity, and 
    andrological endpoints are assessed at scheduled necropsy on post-natal 
    day 90  2.
        The 1-generation test differs from the AMRT in that its study 
    design provides for:
        a. Exposure to both male and female F0 parental animals prior to 
    mating, during mating, and during gestation and lactation of F1 
    offspring (F0 males are necropsied after F1 deliveries, F0 females are 
    necropsied after F1 weaning).
        b. Direct exposure of postweanling F1 offspring after lactation 
    until termination.
        c. No mating of F1 animals to produce F2 offspring.
    
    C. Route of Administration
    
        As part of the test guideline, EPA will provide guidance on a route 
    of administration for each screen and test. Tier 1 screening assays may 
    employ dosing routes that maximize the likelihood of detecting 
    endocrine activity such as ip. Conversely, Tier 2 tests will employ 
    routes of administration based upon the most ecologically relevant 
    exposure pathway to provide data relevant for risk assessment.
        The route of administration for the uterotrophic assay is sc 
    injection while the route for the modified uterotrophic assay and 14-
    day intact adult male assay with thyroid is an ip injection. The route 
    for all other mammalian in vivo assays is gavage (orogastric 
    intubation). The parenteral (non-oral) routes avoid the first-pass 
    metabolic effect of the liver and will permit detection of potential 
    endocrine disruptors that are active as parent compounds and which 
    undergo significant first-pass metabolism. Hepatic xenobiotic 
    metabolism does occur eventually after parenteral administration 
    (substantially with ip), so the potential effects of metabolites will 
    be evaluated as well by these routes. Compounds are occasionally 
    metabolized by the gut microflora; this type of metabolism has been 
    shown to be important for some plant-derived estrogens. The oral route 
    of exposure will allow for this type of metabolism.
    
     VI. Implementation
    
        This section of the Federal Register notice discusses the 
    implementation steps for the EDSP and many of the issues EPA must deal 
    with in its implementation.
    
    [[Page 71559]]
    
    A. Overview of Implementation Steps and Timeline
    
        There are many elements associated with the development and 
    implementation of the EDSP. A timeline that shows the key elements and 
    their relationship to each other is provided in Figure 2.
        They include:
    
    
     
    ------------------------------------------------------------------------
               Implementation steps              Estimated completion dates
    ------------------------------------------------------------------------
    EDSTAC Final Report and Recommendations     Completed
    Development of EPA's EDSP                   Completed
    Public comment on EPA's EDSP                February 26, 1999
    SAB/SAP Peer Review Processes               April 1, 1999
    HTPS Demonstration                          February 1999
    HTPS                                        June 2000
    EDPSD                                       June 2000
    Priority Setting for Tier 1 Phase 1         November 2000
    Tier 1 Standardization and Validation       2001
     September
    Tier 1, Phase 1 TSCA Test Rule Notice of    December 2001
     Proposed Rulemaking (NPRM) and FQPA
     Orders
    Tier 1, Phase 1 TSCA Final Test Rule        June 2003
    ------------------------------------------------------------------------
    
    
    BILLING CODE 6560-50-F
    
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    [GRAPHIC] [TIFF OMITTED] TN28DE98.001
    
    
    BILLING CODE 6560-50-C
    
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        As noted, the recommendations of EDSTAC form the basis for EPA's 
    endocrine-disruptor screening and testing strategy. Today, EPA is 
    soliciting comments on its strategy for screening and testing 
    substances for their potential to disrupt the EAT. These comments and 
    the Agency's proposal will be reviewed by a joint meeting of the EPA 
    SAB and FIFRA SAP in March 1999. Notice of the meeting site and 
    specific times will be published in the Federal Register.
        EPA plans to begin running chemicals through the HTPS in August 
    1999.
        The Agency will submit a report to Congress and plans to issue a 
    notice in the Federal Register in the year 2000 adopting final policies 
    for the screening program based on comments of the SAP/SAB and the 
    comments received in response to this notice. The year 2000 notice will 
    also propose the Priority List of chemicals and mixtures for Tier 1 
    screening. The proposed screening Priority List will be based on 
    information in the EDPSD including the results of the HTPS. EPA may 
    also issue a procedural rule that describes the procedures related to 
    implementation of the EDSP.
        EPA plans to publish the results of the standardization and 
    validation effort for the screening battery along with guidelines for 
    the screening assays that flow from this effort in the Federal Register 
    in 2001. The standardization and validation of Tier 2 tests will be 
    undertaken approximately in parallel with that of the screening 
    battery. However, the test validation program is anticipated to take 
    longer than the screening validation program because the Tier 2 tests 
    take much longer to run than the Tier 1 screening assays.
        In late 2001, EPA plans to issue testing orders to the first group 
    of pesticides and other chemical substances that are subject to the 
    authority provided to EPA under the FFDCA and SDWA. In parallel to 
    these activities, EPA may propose a TSCA test rule to require screening 
    of chemicals that may not be covered by the FFDCA/SDWA. EPA could 
    propose the TSCA test rule in 2001 and promulgate it in mid 2003. The 
    screening program will operate in phases so as to not overwhelm 
    resources. The number of phases and length of time between phases will 
    depend on available resources and the number of chemicals proposed for 
    screening in each phase. EPA plans to review its initial prioritization 
    of chemicals and issue a separate proposed rule for each screening 
    phase. This would allow the results from the first phase of screening 
    to improve the priority setting for the second phase of screening.
        Tier 2 testing of chemicals that are part of the first phase of 
    Tier 1 screening would begin after review of screening data indicated 
    that testing was warranted. Standardization and validation of Tier 2 
    tests will take from 2 to 5 years. EPA plans to require tests as soon 
    as they are available and not wait for the full battery to initiate 
    Tier 2 testing. Orders under FFDCA, FIFRA, or SDWA would be issued on 
    individual chemicals as their review is completed. TSCA rules would be 
    issued for a group of chemicals, probably on an annual basis.
    
    B. HTPS Demonstration
    
        EPA has initiated a demonstration program to validate use of HTPS 
    technology to screen chemical substances for EAT disrupting properties. 
    The demonstration program is projected to be completed in February 
    1999. If EPA successfully validates HTPS through the demonstration 
    program, it could begin running chemical substances through HTPS in 
    August of 1999.
    
    C. HTPS Priority-Setting Project
    
        After completion of the HTPS demonstration and validation project, 
    EPA plans to conduct the HTPS on approximately 15,000 chemicals 
    (commercial chemicals produced in amounts greater or equal to 10,000 
    pounds per year and all pesticides) to supplement existing information. 
    EPA will fund the actual screening of these compounds and is soliciting 
    industry cooperation in supplying samples of pesticides and 
    commercially produced chemicals. One major issue in HTPS is how to deal 
    with the need for analytical characterization of so many chemicals. The 
    cost of chemical analysis is more than an order of magnitude greater 
    than the cost of the HTPS battery.
        Option One is to require full analysis on each chemical prior to 
    HTPS. This is the usual requirement for toxicological testing.
        Option Two is to perform chemical analysis after HTPS on those 
    substances that test positive.
        Option Three is to rely on the chemical identity and composition 
    claims of the chemical supplier.
        EPA favors Option Two as a cost effective alternative to full 
    analysis of every chemical. Nevertheless, every sample submitted to EPA 
    should be accompanied by some information regarding its analytical 
    characterization. It should at a minimum state whether the material is 
    a technical grade, analytical grade, etc., to what extent it has been 
    characterized, and note the concentration or percentage of the sample 
    comprised by the test substance.
        EPA plans to subject chemicals to HTPS that will bypass Tier 1 
    screening as well as those that need screening. The rationale for 
    conducting HTPS on these chemicals is:
        1. Data generated from the HTPS assays will be valuable for 
    receptor-binding mechanisms even though such data by itself cannot be 
    used to determine whether or not a chemical may be an endocrine 
    disruptor.
        2. As an ancillary benefit, the data can be used to improve and 
    validate QSAR models.
        3. For food-use pesticides that will probably undergo 
    reregistration and tolerance reassessments prior to the availability of 
    validated Tier 2 tests, HTPS data can be used along with other relevant 
    testing information to help determine if and when they should undergo 
    any additional endocrine-disruptor testing.
    
    D. Priority-Setting Data Base (EDPSD) Development
    
        As described in Unit IV.C. of this notice, EPA plans to use 
    existing exposure, effects and statutory-related data and information 
    to sort and prioritize chemicals for endocrine-disruptor screening and 
    testing. To maximize its resources, EPA will rely upon data excerpted 
    in electronic format instead of primary literature. Recognizing the 
    numerous data bases of potential utility to initial sorting priority 
    setting (see Appendix H of the EDSTAC Final Report), EPA plans to 
    assemble the relevant and useful data sources into a single-relational 
    data base. Development of this data base was initiated by the EDSTAC 
    but not completed due to time and resource constraints of the EDSTAC 
    process. EPA has resumed efforts to complete development of the 
    prototype EDPSD initiated by EDSTAC. EPA is publishing elsewhere in 
    this issue of the Federal Register a document announcing a priority-
    setting workshop for multi-stakeholders and the use of the EDPSD during 
    the comment period.
        The purpose of the workshop is to provide stakeholders an 
    opportunity for input into the design and implementation of the 
    priority-setting system. The focus of the workshop is to discuss the 
    basic structure and functioning of the priority-setting system. 
    Specifically, the workshop will address the definition of compartments, 
    principles and approaches for developing rankings within compartments, 
    and for assigning overall
    
    [[Page 71562]]
    
    weighting factors to the various compartments and categories.
    
    E. Process for Public Nominations for Chemical Screening
    
        Chemical nominations from the public were considered to be an 
    important part of the nominations process by EDSTAC because they 
    provide a mechanism to identify and screen chemicals which may result 
    in high exposures in local communities but which do not receive 
    national attention. EPA proposes to establish a nomination process. The 
    nominations process could be a formal petition process or an informal 
    one such as a letter submitted to the Agency. EPA belives that any 
    nomination should be signed and should include the following 
    information:
        Statement that it is nominating a chemical for screening in the 
    EDSP, identification of the chemical.
        Statement of the reasons for its nomination.
        Although EPA does not believe it can legally protect the identity 
    of nominators, employees in the chemical industry are protected by law 
    against reprisals from employers for reporting a chemical under TSCA 
    (15 U.S.C. 2622) and any threats or reprisal of any kind should be 
    reported to the U.S. Secretary of Labor with a copy of the threat or 
    reprisal report to the EPA Administrator.
    
    F. Standardization and Validation of Assays, Screening Battery, and 
    Tests
    
        Validation is the scientific process by which the reliability and 
    relevance of an assay method are evaluated for the purpose of 
    supporting a specific use (ICCVAM, 1997). Relevance refers to the 
    ability of the assay to measure the biological effect of interest. 
    Measures of relevance can include sensitivity (the ability to detect 
    positive effects), specificity (the ability to give negative results 
    for chemicals that do not cause the effect of interest), statistically 
    derived correlation coefficients, and determination of the mechanism of 
    the assay response with the toxic effects of interest. Reliability is 
    an objective measure of a method's intra- and inter-laboratory 
    reproducibility. The process of validation includes standardization, 
    that is, definition of conditions under which the assay is run 
    (species, strain, culture medium, dosing regimen, etc.). 
    Standardization is critical to ensure reliability, that is, valid, 
    consistent results between laboratories.
        FFDCA as amended by the FQPA requires EPA to ``develop a screening 
    program, using appropriate validated test systems and other 
    scientifically relevant information, to determine whether certain 
    substances may have an effect in humans that is similar to an effect 
    produced by a naturally occurring estrogen, or such other endocrine 
    effect as the Administrator shall designate.''
        EPA convened a meeting of the Domestic Validation Task Force (Task 
    Force) comprised of experts and representatives of major stakeholders 
    on August 6, 1998, and is scheduled to meet on a bimonthly basis during 
    1999. The Task Force is made up of members from Federal agencies, 
    industry, and public interest groups. The purpose of the Task Force is 
    to implement the validation program for the screens and tests. In March 
    1998 and November 1998, the OECD Endocrine Disruptor Testing and 
    Assessment Workgroup met to initiate an international validation 
    program for endocrine-disruptor screening and testing. The 
    international validation program is important in developing an 
    internationally harmonized approach to endocrine-disruptor screening 
    and testing. An internationally harmonized approach saves money by 
    reducing duplicative testing. EPA anticipates that some, but by no 
    means all, of the assays it is proposing will be included in the 
    international validation program. The majority of the screening assays 
    and the screening battery itself will have to be validated in the 
    domestic validation program.
        Standard protocols for most of the screening assays and tests are 
    now being developed. Most of these should be ready for Task Force 
    review and approval in 1999. EPA is inviting laboratories to 
    participate in the validation program. Laboratories that are interested 
    in the participating in any aspect of the validation program should 
    contact Anthony Maciorowski (see the ``FOR FURTHER INFORMATION 
    CONTACT'' section of this notice). Participating laboratories will 
    receive a standard protocol for each assay they want to conduct and 
    appropriate control and test chemicals from the EPA or its agent. EPA 
    is planning to begin the laboratory phase in the spring of 1999. Some 
    assays which need further development will not begin validation until 
    late 1999 or the year 2000.
    
    G. Implementation Mechanisms
    
        As stated previously, EPA believes that the FFDCA and SDWA provide 
    authority to require the testing of many of the approximately 87,000 
    chemical substance that it wishes to test. As appropriate, EPA also 
    will use other testing authorities, such as those under FIFRA and TSCA. 
    Likewise, to the extent that EPA is concerned about the endocrine 
    disrupting potential of other chemical substances, it will work with 
    other Federal agencies and departments to ensure that these substances 
    also are tested. EPA will determine under which authority it will 
    require testing of specific chemicals on a case-by-case basis. A brief 
    description of EPA's major testing authorities and guidance on their 
    application to the EDSP are set forth in this unit.
        1. FFDCA testing authority. Under the FFDCA, as amended by FQPA, 
    EPA has authority to order registrants, manufactures, or importers to 
    test certain chemical substances, including pesticide chemicals and any 
    other substance that may have an effect that is cumulative to an effect 
    of a pesticide chemical if EPA determines that a substantial population 
    may be exposed to such substances.
        Under the FFDCA, ``pesticide chemical'' includes ``any substance 
    that is a pesticide within the meaning of FIFRA, including all active 
    and inert ingredients.'' It also includes impurities (see 40 CFR 
    177.81). The testing requirement is not restricted to pesticides used 
    on foods.
        EPA is still working out how to determine whether a substance ``may 
    have an effect that is cumulative to the effect of a pesticide 
    chemical.'' However, at a minimum, EPA believes that if the mechanism 
    of action of a pesticide chemical and a nonpesticide chemical is the 
    same, their effects are additive and therefore may be cumulative. 
    Likewise, when the metabolic detoxification or clearance process of a 
    pesticide chemical and a nonpesticide chemical are the same, exposure 
    to the nonpesticide chemical may slow the clearance of the pesticide, 
    and therefore, increase the pesticide chemical's toxicity. This is an 
    example of a cumulative effect even when the two chemicals do not 
    operate by the same mechanism of toxicity or cause the same toxic 
    effect. The same argument would also apply to enzyme poisons or 
    noncompetitive inhibitors of pesticide metabolism that slow or 
    completely block the metabolic pathway of a pesticide. EPA is 
    interested in receiving comment on these and other examples or on 
    methods to determine whether a substance may have an effect that is 
    cumulative to the effect of a pesticide chemical.
        The phrase ``substantial population'' is used in FFDCA section 
    408(p)(3)(B) and in SDWA section 1457 but is not defined in either of 
    these statutes. Based upon EPA's experience under TSCA, it is necessary 
    for the Agency to define this term. Under TSCA section 4(a)(1)(B) EPA 
    defined ``substantial human
    
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    exposure'' in terms of numbers of persons exposed based on a sliding 
    scale that reflected that more direct exposures would require smaller 
    numbers of persons exposed in order to be substantial than less direct 
    exposures would (58 FR 28736, May 14, 1993). EPA is offering no 
    definition of ``substantial population'' for SDWA and FIFRA purposes at 
    this time but seeks public comment on an appropriate definition.
        2. SDWA testing authority. Congress amended SDWA to give EPA 
    authority to provide for the testing, under the FFDCA Screening 
    Program, ``of any other substance that may be found in sources of 
    drinking water if the Administrator determines that a substantial 
    population may be exposed to such substance'' (42 U.S.C. 300j-17).
        Drinking water contaminants may include, but may not be limited to, 
    pesticide active and inert ingredients and their degradates, commercial 
    chemicals and their degradation products, substances formerly 
    manufactured and used as pesticides or commercial chemicals (orphan 
    chemicals), or natural substances.
        3. FIFRA testing authority. FIFRA section 3(c)(2)(B) provides EPA 
    authority to require pesticide registrants to submit to EPA additional 
    data regarding a pesticide if EPA determines that the additional data 
    are required to maintain in effect an existing pesticide registration. 
    Under this provision, EPA could require submission of endocrine effects 
    data for registered pesticides and for chemicals that may have an 
    effect that is cumulative to that of a pesticide. FIFRA sections 
    3(c)(2)(A), 3(c)(5), 3(c)(7), and 3(d) also give EPA authority to 
    require testing.
        4. TSCA testing authority. TSCA section 4 provides EPA with 
    authority to require testing of certain chemical substances, not 
    including pesticides or food additives among other things, if the 
    Agency finds that the chemical substance or mixture:
        i. May present an unreasonable risk of injury to health or the 
    environment.
        ii. There are insufficient data and experience from which the 
    Agency can determine the effects of such substance or mixture on health 
    or the environment.
        iii. Testing with respect to such substance or mixture with respect 
    to such effects is necessary to develop such data.
        Alternatively, EPA can require testing if the Agency finds that:
        i. A chemical substance or mixture is or will be produced in 
    substantial quantities and:
        a. It enters or may reasonably be anticipated to enter the 
    environment in substantial quantities, or
        b. There is or may be significant or substantial human exposure to 
    such substance or mixture.
        ii. There are insufficient data and experience which from which the 
    Agency can determine the effects of such substance or mixture on health 
    or the environment.
        iii. Testing with respect to such substance or mixture with respect 
    to such effects is necessary to develop such data.
        EPA achieves TSCA testing through rulemaking and enforceable 
    consent agreements (ECAs). For more information on EPA's TSCA testing 
    authority see 40 CFR part 790.
        Some chemicals might be subject to more than one testing authority. 
    Inert pesticide ingredients will frequently have TSCA uses in addition 
    to their use as inert ingredients in pesticide formulations and could 
    be screened or tested under TSCA or FFDCA/FIFRA authorities. TSCA 
    chemicals found in drinking water sources could also be screened or 
    tested under SDWA or TSCA. Compared with order authority under FIFRA, 
    FFDCA, or SDWA, a test rule is a slow and labor intensive mechanism. 
    Therefore, the Agency believes that when a choice is possible it is in 
    the public interest to require screening and testing under its FIFRA, 
    FFDCA, or SDWA authorities, rather than under TSCA, when it has that 
    option.
    
    H. Data Compensation Issues
    
        The FFDCA, as amended, requires EPA ``to the extent practicable,'' 
    to ``minimize duplicative testing of the same substance for the same 
    endocrine effect, [and] develop, as appropriate, procedures for fair 
    and equitable sharing of test costs.''
        To meet these requirements, EPA is planning to adopt procedures 
    similar, but not identical, to both TSCA's and FIFRA's data 
    compensation procedures. If EPA knows that there is more than one 
    registrant, manufacturer, and/or importer of a specific chemical, it 
    will order each to test the chemical. As part of the order, it will 
    include a list of all of the parties who receive equivalent orders and 
    require the parties to work together to minimize duplicative testing 
    and share testing costs. The parties may notify EPA of other parties 
    not listed who also manufacture or import the chemical. Alternatively, 
    or in addition, EPA will publish the order in the Federal Register and 
    require parties not listed to self identify. If the parties are unable 
    to work out testing and data compensation responsibilities, they will 
    be required to submit to binding arbitration. If a party fails to 
    comply with an arbitrator's decision, it will be subject to the 
    penalties described in FFDCA section 408(p)(5)(C).
        If, after completion of the testing, another party seeks to use the 
    resulting data in support of a pesticide registration, it will be 
    required to comply with FIFRA sections 3(c)(1)(F) or 3(c)(2)(B) which 
    require compensation for data. Likewise, TSCA requires parties to 
    compensate test sponsors if they manufacture or import a substance 
    covered by a test rule within 5 years of the submission of the last 
    required study. Chemicals being tested pursuant to a rulemaking under 
    TSCA will follow the TSCA procedures for reimbursement under 40 CFR 
    part 791.
    
    I. Data Submission and Collection
    
        EPA is proposing to post an electronic form for the capture of data 
    from screening and testing so that these data can be easily uploaded 
    into the Endocrine Knowledge Base (EKB) being developed by the FDA's 
    National Center for Toxicological Research. The EKB will be the 
    repository of all data from the EDSP as well as other sources of 
    endocrine effects testing and research. The data base will thus serve 
    research and regulatory purposes. As the data base is further 
    developed, EPA will provide guidance on how to submit data 
    electronically to be compatible with the EKB.
    
    J. Data Release and CBI
    
        FFDCA section 408(p)(5)(B) requires that EPA, to the extent 
    practicable, develop, as necessary, procedures for handling CBI 
    submitted as part of the EDSP. EPA anticipates that much of the 
    information that registrants and manufacturers submit under the 
    auspices of its EDSP will be health and safety information that 
    generally does not warrant CBI protection. Nevertheless, EPA is 
    interested in receiving comments from potential data submitters 
    concerning whether they think any of the information will deserve CBI 
    protection. If data submitters believe that certain information will be 
    deserving of protection, the Agency is interested in receiving comments 
    on the specific types of information that might need protection and on 
    procedures that the Agency could develop to verify the validity of CBI 
    claims and to ensure protection of valid CBI. EPA also is interested in 
    receiving comments on whether current procedures under FIFRA and TSCA 
    would be adequate and, if so, how they should be applied.
    
    [[Page 71564]]
    
     EPA is considering adopting FIFRA CBI procedures for data submitted on 
    pesticide active ingredients and TSCA CBI procedures for all other 
    substances. If necessary, EPA will develop additional procedures to 
    ensure that any valid confidential business information is protected 
    from disclosure.
    
    K. Reporting Requirements Under TSCA 8(e) and FIFRA 6(a)(2)
    
        The following provides EPA's guidance on the reporting obligations 
    under the TSCA section 8(e) and FIFRA section 6(a)(2) with respect to 
    results from certain priority-setting studies and in vitro screening 
    assays that industry or others may conduct voluntarily or as part of 
    EPA's EDSP. TSCA section 8(e) requires that ``[a]ny person who 
    manufactures, processes, or distributes in commerce a chemical 
    substance or mixture and who obtains information which reasonably 
    supports the conclusion that such substance or mixture presents a 
    substantial risk of injury to health or the environment shall 
    immediately inform [EPA] of such information'' (15 U.S.C. 2607(e)). 
    Likewise, FIFRA section 6(a)(2) requires registrants that, after 
    registration of a pesticide, have additional factual information 
    regarding unreasonable adverse effects on the environment of the 
    pesticide to submit the information to EPA ( 7 U.S.C. 136d(a)(2)).
        EPA will likely adopt as part of its EDSP both in vitro and in vivo 
    assays that assess selected hormonal endpoints. Based on the current 
    state of the science, EPA considers the results of endocrine disruptor 
    in vitro screening assays to be indicators of potential endocrine 
    activity. Whether performed at the bench or in a high throughput mode, 
    results from in vitro assays may suggest some mechanisms of endocrine 
    activity (e.g., hormone receptor binding, binding plus transcription, 
    cell proliferation, steroidogenesis, etc.). Thus, the results of these 
    in vitro assays are arguably within the scope of TSCA section 8(e) and 
    FIFRA section 6(a)(2). At this time, however, EPA can not conclude that 
    the results of these in vitro assays translate into an understanding of 
    particular health or environmental hazards and risks in vivo. 
    Therefore, based on the current state of the knowledge, EPA will not, 
    at this time, require submission of TSCA section 8(e) or FIFRA section 
    6(a)(2) reports containing only the results of these in vitro assays. 
    Registrants, manufactures, or importers are, nevertheless, encouraged 
    to submit the data voluntarily. If these test results are included with 
    other information reportable under TSCA section 8(e) or FIFRA section 
    6(a)(2), then they must be reported.
    
    L. Exemptions
    
        There are several circumstances in which exemptions from screening 
    or testing requirements are appropriate. The FFDCA section 408(p) 
    provides for exemptions from its requirements if EPA determines that a 
    substance is anticipated not to produce any effect in humans similar to 
    an effect produced by a naturally occurring estrogen. Although EPA has 
    not determined when or under what circumstances it will grant 
    exemptions from FFDCA 408(p) requirements, examples of the types of 
    chemicals that might warrant such exemptions include class 4 pesticide 
    formulation inerts--those inert ingredients in pesticide formulations 
    judged by EPA to be virtually non-toxic (for example cookie crumbs)--
    and strong mineral acids and strong mineral bases, which would likely 
    interact with tissue at the portal of entry giving rise to localized 
    lesions rather than systemic effects. The strong reactivity of these 
    substances would cause interaction with membranes and other biological 
    chemicals before the chemical reached the endocrine receptors.
        EPA is considering establishing a petition process as a means of 
    establishing exemptions from screening. The details of this process 
    could be set forth in the procedural rule EPA is considering issuing 
    for the EDSP. EPA is asking for comments on criteria that might form 
    the basis for granting exemptions.
        Exemptions under FFDCA 408(p) are not the same as exemptions under 
    FFDCA section 408(c). Please note also that the term exemption as used 
    under FFDCA section 408(p) is different from, and should not be 
    confused with, the use of this term under TSCA section 4(c). An 
    exemption under FFDCA section 408(p) means that testing requirements do 
    not apply. However, under TSCA section 4(c) an exemption is a mechanism 
    for avoiding duplicative testing. Under TSCA section 4(c) an exemption 
    can be granted when data are being or have been generated by a 
    responsible party and, therefore, other responsible parties can 
    reimburse the test sponsor for a portion of the cost. A similar cost 
    sharing provision exists for data compensation among registrants under 
    FIFRA (see Unit VI.H. of this notice). Unless otherwise indicated, the 
    term exemption used in this notice will be used in the sense in which 
    it is used under FFDCA section 408(p), that is, a waiver of all testing 
    obligations.
    
    M. Use of Significant New Use Rules (SNURs) Under TSCA
    
        During the EDSTAC deliberations, concern was expressed that under 
    certain circumstances less than the full Tier 2 testing would be 
    permitted on chemicals based on their limited use and exposure profile. 
    For instance, a pesticide registered for contained use only may result 
    in human exposure but negligible or no environmental exposure. 
    Therefore, performing the 2-generation mammalian reproductive effects 
    test may be all that is needed to assess the hazards of this substance. 
    Granting permission to limit Tier 2 testing does not present a problem 
    for pesticides because pesticide registration limits the uses of the 
    pesticide to those contained in the registration application. If a 
    pesticide registrant wants to expand the uses and therefore potentially 
    the exposure to a pesticide, the registrant must apply to register the 
    expanded uses. The same is not true for chemicals under TSCA, since 
    TSCA is not a registration statute. Once a commercial chemical is on 
    the market it can ordinarily be used freely for any purpose resulting 
    in exposures that were not occurring at the time testing requirements 
    were promulgated. A potential solution to this dilemma lies in EPA's 
    authority under TSCA section 5(a)(2) to issue SNURs.
        A SNUR defines certain uses of a chemical as new uses. Before a 
    manufacturer or processor can use a chemical for one of the defined new 
    uses, the manufacturer or processor must notify EPA of such intention 
    at least 90 days before commencement of the new use. A SNUR thus 
    subjects an existing chemical that triggers a new use to the same 
    review that a new chemical receives. Submission and review of the new 
    use can be tied to the performance of testing and submission of test 
    data to EPA if there is a test rule that covers that chemical.
        EPA is considering the development of a SNUR based on a 
    manufacturer's showing of limited use and exposure as a condition for 
    granting a waiver for limited Tier 2 testing for TSCA chemicals (i.e., 
    permission to perform fewer than the five tests in Tier 2 based upon 
    exposure considerations). If the manufacturer's claims for limited use 
    and exposure are refuted in the significant new use rulemaking process 
    by someone who is already using the chemical in such a manner, the SNUR 
    will not be valid and the manufacturer will be required to perform the 
    full battery of Tier 2 tests required in the test rule issued for that 
    chemical under the EDSP.
    
    [[Page 71565]]
    
    N. Relationship Between the EDSP and Related Actions Under TSCA
    
        Several other testing actions under TSCA may affect chemicals in 
    the EDSP. Actions planned or underway include the Hazardous Air 
    Pollutants (HAPs) test rule (61 FR 33178, June 26, 1996) (FRL-4869-1) 
    as amended, the Children's' Health test rule, the Agency for Toxic 
    Substances and Disease Registry (ATSDR) test rule, the High Production 
    Volume (HPV) testing initiative and the Screening Information Data Set 
    (SIDS) Program on HPV chemicals. None of the EDSP Tier 1 screening 
    assays is being considered for by these actions. The SIDS and HPV 
    testing programs do not meet either the screening or testing 
    requirements of the EDSP. The only likely overlap in testing 
    requirements is the 2-generation mammalian test, which is proposed in 
    the HAPs rule and being considered in the Children's Health test rule 
    and ATSDR test rule. The reproductive effects testing for these 
    programs will meet the Tier 2 mammalian reproductive effects testing 
    requirement for the EDSP if the 1998 or later guideline for a 2-
    generation mammalian reproductive effects study is used. The results 
    from some of these testing programs likely will be available before 
    final testing decisions are made under the EDSP. It is possible that if 
    the results of the 2-generation test (with endocrine-sensitive 
    endpoints including thyroid) generated under one of these other testing 
    programs is negative that only the fish gonadal recrudescence assay 
    would need to be performed to satisfy the testing requirements of the 
    EDSP. The correlation of various test results in the validation study 
    will provide more information on which to make this judgment. If the 
    mammalian 2-generation test were positive, the other Tier 2 tests would 
    have to be run depending upon the exposure profile of the chemical in 
    question.
    
    O. Analysis of Data in the EDSP
    
        EPA discussed use of HTPS data for priority setting for Tier 1 
    screening and as part of the weight of evidence consideration to 
    determine when a chemical should be tested in Tier 2. These data may 
    also used in conjunction with other data to help determine if adverse 
    effects observed in Tier 2 are due to endocrine disruption or from 
    another cause. The Tier 1 data will also serve a dual purpose. They 
    will be used to make the determination of which chemicals receive Tier 
    2 testing and will also be used to help interpret positive results 
    observed in Tier 2 testing.
        More detailed guidance regarding the assessment of hazards due to 
    endocrine disruption must await both the results of the standardization 
    and validation program and ongoing research. EPA intends to review the 
    need for revising its standard evaluation procedures for interpreting 
    studies and its human health and ecological risk assessment guidelines 
    as relevant data from these programs become available.
    
    VII. Issues for Comment
    
        1. The FFDCA, as amended, requires EPA to screen pesticides for 
    estrogenic effects that may affect human health. EPA has decided that 
    it is scientifically appropriate to focus on EAT effects, not just 
    estrogenic effects. Is this an appropriate scope for the EDSP?
        2. Are there classes of chemicals besides the ones identified in 
    Unit VI.L. of this notice that should be exempted (excluded) from the 
    EDSP? What criteria and what burden of proof should be applied to 
    claims of persons seeking to exempt chemicals from screening? What type 
    of process should EPA establish?
        3. As discussed in Unit IV.E. of this notice, EPA is proposing a 
    compartment-based (or set-based) approach to priority setting as a way 
    of accommodating the real world situation of uneven data. Under the 
    compartment-based approach, EPA will group the chemicals into sets 
    based on the existence of factual information in a given area. Thus, 
    priority ranking can be made fairly among chemicals, i.e., chemicals 
    will compete for priority with other chemicals on the basis of 
    comparable data and will not be assigned lower priority for lack of 
    information. Are these principles and the compartment-based approach to 
    priority setting reasonable? Are there alternatives to the compartment-
    based approach which EPA should consider?
        4. As recommended by EDSTAC, EPA is proposing that polymers with an 
    average number molecular weight greater than 1,000 daltons be excluded 
    from priority setting and screening unless they are pesticide chemicals 
    or unless their monomers, oligomers, or leachable components are shown 
    to have endocrine-disrupting potential in Tier 1 screening. Is this 
    approach scientifically sound?
        5. EPA is developing a relational data base to assist in setting 
    priorities for screening. The relational data base is intended to 
    import existing data and information and allow its synthesis, as well 
    as the estimation of certain parameters through modeling. EPA and 
    EDSTAC consider the relational data base to have great value in helping 
    to identify the specific compartments under the compartment-based 
    priority-setting approach. The data base will also be helpful in 
    selecting chemicals for the first and subsequent rounds of screening. 
    The data fields currently in the data base are defined in Chapter 4 of 
    the EDSTAC Final Report. What additional data fields or types of data 
    should EPA include as it further develops the relational data base?
        6. EPA is soliciting industry's cooperation in supplying chemicals 
    for the HTPS. Is this an appropriate role for industry and is industry 
    willing to do so?
        7. EPA plans to screen and, if appropriate, test representative 
    mixtures to which large or identifiable segments of the population are 
    exposed. The high-priority mixture categories include: Chemicals in 
    breast milk, phytoestrogens in soy-based infant formulas, mixtures 
    commonly found at Superfund sites, common pesticide/fertilizer mixtures 
    found in ground and surface water, disinfection byproducts, and 
    gasoline. EPA plans to screen and test one representative mixture from 
    each category.
        a. Can standardized representative mixtures be developed? If so, 
    how should the chemical combinations, ratios, and doses be selected for 
    mixtures?
        b. Is the proposal a reasonable way to address the practicality of 
    screening and testing mixtures?
        c. Are the six categories of mixtures the most appropriate to 
    address first?
        d. Are there other mixture categories that should be included in 
    addition to, or instead of those identified (e.g., Should fish tissue 
    contaminants be one of the first mixtures)?
        e. If a mixture is positive in Tier 1, should the whole mixture be 
    tested in Tier 2 or should EPA attempt to identify the active 
    component(s) and test it (them) in Tier 2?
        8. EPA has identified a screening battery consisting of in vitro 
    and in vivo assays to address EAT effects. Will the battery, once 
    validated, be capable of detecting such effects in a consistent and 
    reliable manner?
        9. EPA is planning to require that the Tier 1 screening in vivo 
    assays be conducted at one dose, with appropriate use of range finding 
    studies and other information (i.e., HTPS results) to inform dose 
    selection. The single-dose approach was adopted to save testing 
    resources. The SAB/SAP in a preliminary consultation raised concern 
    about relying on only one dose level and suggested that EPA require a 
    minimum of two doses and preferably three to ensure that tests did not 
    result in false negatives. Does the potential risk of
    
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    false negatives outweigh the cost savings of running the Tier 1 
    screening in vivo assays with only one dose?
        10. EDSTAC could not identify existing practical vertebrate 
    endocrine disruptor screening assays that incorporated exposure in 
    utero or in ovo. Do such screening assays exist?
        11. Is adequate coverage of the thyroid provided in the recommended 
    Tier 1 screening battery? Does the Tier 1 screening battery provide 
    adequate coverage of non-receptor mediated pathways?
        12. EPA is proposing a Tier 2 testing battery to delineate dose-
    response relationships of chemicals that yield positive results in the 
    screening battery. Do the tests provide sufficient rigor to identify 
    adverse effects and establish dose response for disruption of the EAT?
        13. Will the Tier 2 tests be adequate to detect all known EAT 
    endpoints in chemicals that bypass Tier 1 screening?
        14. Tier 2 tests will identify the adverse effects due to endocrine 
    disruption as well as reproductive and developmental effects caused by 
    non-endocrine mechanisms of toxicity. Thus, it may not be possible to 
    determine that a substance is an endocrine disruptor if it bypasses 
    tier 1 screening. Is it important to be able to identify substances as 
    endocrine disruptors from the standpoint of conducting a hazard 
    assessment?
        15. If the results of the 2-generation test (with endocrine-
    sensitive endpoints including thyroid) generated under one of these 
    other testing programs is negative what additional screening or testing 
    should be required to demonstrate that the chemical is not an endocrine 
    disruptor?
        16. FFDCA gives EPA authority to test pesticides and substances 
    ``that are cumulative to the effect of a pesticide.'' EPA is interested 
    in receiving comment on how the term ``cumulative to the effect of a 
    pesticide'' should be applied in defining additional substances which 
    can be tested under FFDCA.
        17. How should EPA define substantial population as used in FFDCA 
    section 408(p) and SDWA section 1457?
        8. Is EPA's proposal to adopt FIFRA cost sharing provisions for 
    data received under FIFRA and TSCA cost sharing provisions for all 
    other substances feasible and practical?
        19. Is EPA's proposal to adopt FIFRA CBI procedures for active 
    pesticide ingredients and TSCA CBI procedures for all other substances 
    feasible and practical? TSCA makes health and safety data freely 
    available. The chemical portion of chemical substances comprising 
    formulated products is confidential under both statutes.
        20. Should EPA permit chemicals to receive less than the full Tier 
    2 testing battery under certain circumstances? Should EPA issue a SNUR 
    for TSCA chemicals that are subject to limited Tier 2 testing?
        21. Should EPA issue a procedural rule codifying many of the 
    procedures discussed in Unit VII. of this notice?
    
     VIII. References
    
        The Agency's actions are supported by the references listed in this 
    unit and cited in this notice. These references are available in the 
    public record for this notice under docket control number OPPTS-42208 
    in the TSCA Docket, see the ``ADDRESSES''section in this notice.
        1. Anderson, S., S. Pearce, P. Fail, B. McTaggert, R. Tyl, and L.E. 
    Gray (1995) ``Validation of the alternative reproductive test protocol 
    (ART) to assess toxicity of methoxychlor in rats.'' The Toxicologist, 
    15, pp. 164.
        2. Anderson, S., S. Pearce, P. Fail, B. McTaggert, R. Tyl, and L. 
    Gray (1995b) ``Testicular and adrenal response in adult Long-Evans 
    Hooded rats after antiandrogenic vinclozolin exposure.'' Journal of 
    Andrology, 16, pp. 43.
        3. Baxter, W.L., R.L. Linder, and R.B. Dahlgren, (1969) ``Dieldrin 
    Effects in Two Generations of Penned Hen Pheasants.'' Journal of 
    Wildlife Management, 33(1), pp. 96-102.
        4. Bellabarba, D., S. Belisle, N. Gallo-Payet, and J.G. Lehoux 
    (1988) ``Mechanism of Action of Thyroid Hormones During Chick 
    Embryogenesis.'' American Zoologist, 28, pp. 389-399.
        5. Bjerke, D., and R. Peterson (1994) ``Reproductive toxicity of 
    2,3,7,8 tetrachlorodibenzo-p-dioxin in male rats: Different effects of 
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     IX. Public Record and Electronic Submissions
    
         The official record for this notice, as well as the public 
    version, has been established for this notice under docket control 
    number OPPTS-42208 (including comments and data submitted 
    electronically as described in this unit). 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 12 noon to 4 p.m., Monday through Friday, excluding 
    legal holidays. The official record is located at the address in Unit 
    I.B.3. of this notice.
         Electronic comments can be sent directly to EPA at:
    
        oppt-ncic@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 alsobe 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 OPPTS-42208. Electronic comments on this 
    notice may be filed online at many Federal Depository Libraries.
    
     List of Subjects
    
        Environmental protection, Chemicals, Drinking water, Endocrine 
    disruptors, Hazardous substances, Health and safety, Pesticides and 
    pests.
    
        Authority: 21 U.S.C. 346a(p); 42 U.S.C. 300j-17; 7 U.S.C. 136a; 
    15 U.S.C. 2604.
    
        Dated: December 21, 1998.
    Lynn R. Goldman,
    Assistant Administrator for Prevention, Pesticides and Toxic 
    Substances.
    [FR Doc. 98-34298 Filed 12-23-98; 9:49 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
12/28/1998
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
98-34298
Dates:
Written comments on this proposed policy must be received by EPA on or before February 26, 1999.
Pages:
71542-71568 (27 pages)
Docket Numbers:
OPPTS-42208, FRL-6052-9
PDF File:
98-34298.pdf