97-31542. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
    [Notices]
    [Pages 63942-63951]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-31542]
    
    
    -----------------------------------------------------------------------
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-780; FRL-5756-1]
    
    
    Notice of Filing of Pesticide Petitions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This notice announces the initial filing of pesticide 
    petitions proposing the establishment of regulations for residues of 
    certain pesticide chemicals in or on various food commodities.
    DATES: Comments, identified by the docket control number PF-780, must 
    be received on or before January 2, 1998.
    ADDRESSES: By mail submit written comments to: Public Information and 
    Records Integrity Branch, Information Resources and Services Division 
    (7502C), Office of Pesticides Programs, Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. In person bring comments 
    to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically to: docket@epamail.epa.gov. Follow the instructions under ``SUPPLEMENTARY 
    INFORMATION.'' No confidential business information should be submitted 
    through e-mail.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any part or all of that information as 
    ``Confidential Business Information'' (CBI). CBI should not be 
    submitted through e-mail. Information marked as CBI will not be 
    disclosed except in accordance with procedures set forth in 40 CFR part 
    2. A copy of the comment that does not contain CBI must be submitted 
    for inclusion in the public record. Information not marked confidential 
    may be disclosed publicly by EPA without prior notice. All written 
    comments will be available for public inspection in Rm. 1132 at the 
    address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
    table below:
    
    ------------------------------------------------------------------------
                                       Office location/                     
            Product Manager            telephone number          Address    
    ------------------------------------------------------------------------
    Joanne Miller (PM 23).........  Rm. 237, CM #2, 703-    1921 Jefferson  
                                     305-6224, e-            Davis Hwy,     
                                     mail:[email protected]   Arlington, VA  
                                     amail.epa.gov.                         
    James Tompkins (PM 25)........  Rm. 239, CM #2, 703-    1921 Jefferson  
                                     305-5697, e-mail:       Davis Hwy,     
                                     [email protected]   Arlington, VA. 
                                     l.epa.gov.                             
    ------------------------------------------------------------------------
    
    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various food 
    commodities under section 408 of the Federal Food, Drug, and Comestic 
    Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these petitions 
    contain data or information regarding the elements set forth in section 
    408(d)(2); however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data supports granting of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
        The official record for this notice of filing, as well as the 
    public version, has been established for this notice of filing under 
    docket control number [PF-780] (including comments and data submitted 
    electronically as described below). A public version of this record, 
    including printed, paper versions of electronic comments, which does 
    not include any information claimed as CBI, is available for inspection 
    from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
    holidays. The official record is located at the address in 
    ``ADDRESSES'' at the beginning of this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
    file format. All comments and data in electronic form must be 
    identified by the docket number (insert docket number) and appropriate 
    petition number. Electronic comments on notice may be filed online at 
    many Federal Depository Libraries.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Feed additives, 
    Food additives, Pesticides and pests, Reporting and recordkeeping 
    requirements.
    
        Dated: November 21, 1997
    
    Peter Caulkins,
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    Summaries of Petitions
    
        Petitioner summaries of the pesticide petitions are printed below 
    as required by section 408(d)(3) of the FFDCA. The summaries of the 
    petitions were prepared by the petitioners and represent the views of 
    the petitioners. EPA is publishing the petition summaries verbatim 
    without editing them in any way. The petition summary announces the 
    availability of a description of the analytical methods available to 
    EPA for the detection and measurement of the pesticide chemical 
    residues or an explanation of why no such method is needed.
    
    1. Valent U.S.A. Corporation
    
    PP 7F4873
    
        EPA has received a pesticide petition (PP 7F4873) from Valent 
    U.S.A. Corporation, 1333 N. California Blvd., Walnut Creek, CA 94596. 
    proposing pursuant to section 408(d) of the Federal Food, Drug and 
    Cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR part 180 by 
    establishing a tolerance for residues of clethodim in or on the raw 
    agricultural commodities tuberous and corm vegetables (crop subgroup 1-
    C) at 1.0 parts per million (ppm), potato flakes/granules at 2.0 ppm, 
    sunflower seed at 5.0 ppm, sunflower meal at 10.0 ppm, canola seed at 
    0.5 ppm, and canola meal at 1.5 ppm. The crop subgroup 1-C tolerance 
    should replace the 0.5 ppm tolerance that already exists for clethodim 
    in/or potato tubers which was based on data from Canada. The
    
    [[Page 63943]]
    
    proposed analytical method for these commodities is EPA-RM-26D-3, a 
    high-performance liquid chromatography (HPLC) method. EPA has 
    determined that the petition contains data or information regarding the 
    elements set forth in section 408(d)(2) of the FFDCA; however, EPA has 
    not fully evaluated the sufficiency of the submitted data at this time 
    or whether the data supports granting of the petition. Additional data 
    may be needed before EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant metabolism. Clethodim is used for postemergent control of 
    grasses in a wide variety of crops including cotton, soybeans, sugar 
    beets, onions, tomatoes, etc. Plant metabolism studies have been 
    performed in carrots, soybeans, and cotton. Studies were performed with 
    clethodim radiolabeled in the ring structure and in the side chain to 
    follow both parts of the molecule.
        The major metabolic pathway in plants is initial sulfoxidation to 
    form clethodim sulfoxide followed by further sulfoxidation to form 
    clethodim sulfone; elimination of the chloroallyloxy side chain to give 
    the imine sulfoxide and sulfone; and hydroxylation to form the 5-OH 
    sulfoxide and 5-OH sulfone. Clethodim sulfoxide and clethodim sulfone 
    conjugates were also detected as major or minor metabolites, depending 
    on plant species and subfractions. Once cleaved from clethodim, the 
    chloroallyloxy moiety udergoes extensive metabolism to eliminate the 
    chlorine atom and incorporate the three-carbon moieties into natural 
    plant components.
        Based on these metabolism studies, the residues of concern in crops 
    are clethodim and its metabolites containing the cyclohexene moiety, 
    and their sulfoxides and sulfones.
        2. Analytical method. Adequate analytical methodology is available 
    for detecting and measuring levels of clethodim and its metabolites in 
    crops. For most commodities, the primary enforcement method is EPA-RM-
    26D-3, an HPLC method capable of distinguishing clethodim from the 
    structurally related herbicide sethoxydim. However, for milk natural 
    interferences prevent adequate quantitation of clethodim moieties and 
    the common-moiety method (RM-26B-2) is the primary enforcement method 
    with EPA-RM-26D-3 as the secondary method if needed to determine 
    whether residues are clethodim or sethoxydim. Both of these methods 
    have successfully undergone petition method validations at EPA.
        3. Magnitude of residues. Clethodim is the active ingredient in 
    SELECT 2 EC Herbicide (EPA Reg. No. 59639-3) and SELECT Herbicide (also 
    known as PRISM and ENVOY Herbicides, EPA Reg. No. 59639-78). Tolerances 
    have been established for residues in cotton, soybean, sugar beet, 
    onion (dry bulb), and animal commodities, and tolerances are expected 
    soon for alfalfa, peanut, dry bean, and tomato commodities. A summary 
    of available field residue data for the pending tolerances on tuberous 
    and corm vegetables (crop subgroup 1-C), sunflower, and canola 
    commodities is presented below.
        In 17 field trials, potatoes were treated with two post-emergent 
    applications of 0.25 lb. a.i./A each, approximately 14-days apart, and 
    harvested approximately 30 days after the last application. Trials were 
    performed in EPA Regions 1, 2, 3, 5, 9, 10, and 11. Residues for potato 
    tuber samples ranged from < 0.1="" ppm="" to="" 0.80="" ppm="" total="" clethodim.="" the="" highest="" average="" field="" trial="" (haft)="" residue="" was="" 0.775="" ppm.="" the="" average="" residue="" value="" for="" all="" trials,="" excluding="" samples="" less="" than="" the="" limit="" of="" detection,="" was="" 0.42="" ppm.="" two="" processing="" studies="" were="" also="" performed="" for="" potatoes.="" residues="" were="" found="" to="" concentrate="" in="" flakes,="" but="" not="" wet="" peel="" or="" chips.="" the="" average="" concentration="" factor="" for="" flakes="" was="" 2.4.="" since="" potato="" is="" the="" only="" representative="" crop="" for="" crop="" subgroup="" 1-c="" per="" 40="" cfr="" 180.41,="" these="" data="" support="" time-limited="" tolerances="" of="" 1.0="" ppm="" in="" tuberous="" and="" corm="" vegetables="" (crop="" subgroup="" 1-c)="" and="" 2.0="" ppm="" in="" flakes/="" granules.="" in="" 8="" field="" trials,="" sunflowers="" were="" treated="" with="" two="" post-emergent="" applications="" of="" 0.25="" lb.="" a.i./a="" each.="" sunflower="" seeds="" were="" harvested="" 56="" to="" 72="" days="" after="" the="" last="" application.="" trials="" were="" performed="" in="" epa="" regions="" 5,="" 7,="" and="" 8.="" residues="" for="" sunflower="" seed="" samples="" ranged="" from="" 0.46="" ppm="" to="" 4.4="" ppm="" total="" clethodim.="" the="" highest="" average="" field="" trial="" (haft)="" residue="" was="" 4.2="" ppm.="" the="" average="" residue="" level="" was="" 1.6="" ppm.="" a="" processing="" study="" was="" also="" performed="" for="" sunflowers.="" residues="" were="" found="" to="" concentrate="" in="" meal,="" but="" not="" in="" refined="" oil.="" the="" concentration="" factor="" for="" meal="" was="" 2.1.="" these="" data="" support="" tolerances="" of="" 5.0="" ppm="" in="" sunflower="" seed="" and="" 10.0="" ppm="" in="" sunflower="" meal.="" in="" 18="" field="" trials,="" canola="" or="" rape="" was="" treated="" with="" one="" post-="" emergent="" application="" of="" 0.11="" to="" 0.32="" lb.="" a.i./a="" and="" harvested="" approximately="" 70="" to="" 98="" days="" after="" the="" application.="" most="" of="" the="" trials="" were="" performed="" in="" canada="" in="" growing="" regions="" adjacent="" to="" the="" u.s.="" areas="" where="" canola="" is="" grown.="" these="" data="" were="" used="" to="" support="" a="" maximum="" residue="" level="" in="" canada="" and="" are="" being="" cited="" in="" order="" to="" harmonize="" maximum="" residue="" levels="" between="" the="" u.s.="" and="" canada="" and="" remove="" the="" existing="" trade="" barrier.="" residues="" in="" canola="" seed="" samples="" ranged="" from="">< 0.05="" ppm="" to="" 0.54="" ppm.="" the="" highest="" average="" field="" trial="" (haft)="" residue="" was="" 0.505="" ppm.="" the="" average="" residue="" value="" for="" all="" trials,="" including="" samples="" less="" than="" the="" limit="" of="" detection="" at="" one-half="" the="" limit,="" was="" 0.162="" ppm.="" a="" processing="" study="" was="" also="" performed="" for="" canola="" and="" residues="" were="" found="" to="" concentrate="" in="" meal,="" but="" not="" in="" crude="" oil.="" since="" the="" highest="" residues="" were="" the="" result="" of="" application="" rates="" higher="" than="" those="" proposed="" for="" the="" u.s.,="" these="" data="" support="" tolerances="" of="" 0.5="" ppm="" in="" canola="" seed="" and="" 1.5="" ppm="" in="" canola="" oil.="" b.="" toxicological="" profile="" 1.="" acute="" toxicity.="" clethodim="" technical="" is="" slightly="" toxic="" to="" animals="" following="" acute="" oral="" (toxicity="" category="" iii),="" dermal="" (toxicity="" category="" iv),="" or="" inhalation="" exposure="" (toxicity="" category="" iv="" under="" current="" guideline="" interpretation).="" clethodim="" is="" a="" moderate="" eye="" irritant="" (category="" iii),="" a="" severe="" skin="" irritant="" (category="" ii),="" and="" does="" not="" cause="" skin="" sensitization="" in="" the="" modified="" buehler="" test="" in="" guinea="" pigs.="" in="" addition,="" an="" acute="" oral="" no-observed="" effect="" level="" (noel)="" has="" been="" determined="" in="" rats="" to="" be="" 300="" milligrams/kilograms="" (mg/kg).="" since="" this="" noel="" is="" significantly="" higher="" than="" the="" lowest="" chronic="" noel="" of="" 1="" mg/kg/="" day,="" chronic="" exposures="" are="" expected="" to="" be="" of="" the="" most="" concern="" and="" this="" summary="" will="" focus="" on="" repeated="" exposures.="" 2.="" genotoxicty.="" clethodim="" technical="" did="" not="" induce="" gene="" mutation="" in="" microbial="" in="" vitro="" assays.="" a="" weak="" response="" in="" an="" in="" vitro="" assay="" for="" chromosome="" aberrations="" was="" not="" confirmed="" when="" clethodim="" was="" tested="" in="" an="" in="" vivo="" cytogenetics="" assay="" up="" to="" the="" maximally="" tolerated="" dose="" level,="" nor="" was="" the="" response="" observed="" in="" vitro="" using="" technical="" material="" of="" a="" higher="" purity.="" no="" evidence="" of="" unscheduled="" dna="" synthesis="" was="" seen="" following="" in="" vivo="" exposure="" up="" to="" a="" dose="" level="" near="" the="">50 
    (1.5 g/kg). This evidence indicates that clethodim does not present a 
    genetic hazard to intact animal systems.
        3. Reproductive and developmental toxicity. No reproductive 
    toxicity was observed with Clethodim Technical at feeding levels up to 
    2,500 ppm. Developmental toxicity was observed in two rodent species, 
    but only at maternally toxic dose levels. In rats, the developmental 
    NOEL was 300 mg/kg/day while the maternal toxicity NOEL was only 150 
    mg/kg/day. In rabbits, the developmental NOEL was >300 mg/kg/day and 
    the maternal NOEL was only 25 mg/kg/day. Valent therefore does not
    
    [[Page 63944]]
    
    consider clethodim to be a reproductive or developmental hazard. These 
    studies also indicate that clethodim does not adversely affect 
    endocrine function.
        4. Subchronic toxicity. High doses of Clethodim Technical cause 
    decreased body weights, increased liver size (increased weight and cell 
    hypertrophy), and anemia (decreased erythrocyte counts, hemoglobin, or 
    hematocrit) in rats and dogs. No observable effect levels have been 
    determined to be 100 mg/kg/day for a 4-week dermal study in rats, 200 
    to 1,000 ppm for 4- or 5-week feeding studies in rats or mice, 500 ppm 
    in a 13-week feeding study in rats, and 25 mg/kg/day in a 90-day oral 
    study in dogs.
        5. Chronic toxicity and oncogenicity. In chronic studies conducted 
    in rats, mice, and dogs, compound-related effects noted at high doses 
    included decreased body weight, increased liver size (liver weight and 
    hypertrophy), and anemia (decreased hemoglobin, hematocrit, and 
    erythrocyte count). Bone marrow hyperplasia was observed in dogs at the 
    highest dose tested. No treatment-related increases in incidence of 
    neoplasms were observed in any study. Chronic NOELs were 200 ppm for an 
    18-month feeding study in mice and 500 ppm for a 24-month study in 
    rats. The lowest NOEL is from the 1-year oral dog study and is 1 mg/kg/
    day clethodim technical. Based on this study and a 100-fold safety 
    factor, the reference dose (RfD) for clethodim was determined to be 
    0.01 mg/kg/day. Valent believes that clethodim is not carcinogenic. 
    These studies also indicate that clethodim does not adversely affect 
    endocrine function.
        6. Animal metabolism. The in vivo metabolism of clethodim in rats 
    was tested at a high dose (468 mg/kg), low dose (4.4 mg/kg), and a low 
    dose (4.8 mg/kg) following 14-days of treatment with Clethodim 
    Technical. A single oral dose of [14C]-clethodim was given to each rat 
    and expired carbon dioxide and excreta were collected over the next 2- 
    and 7-days, respectively, to determine radiolabel recovery. Several 
    organs and tissues, and the remaining carcass, were collected after 
    sacrifice to determine radiolabel recovery. In all treatment groups, 
    nearly all of the radiolabel was eliminated in the urine (87-93%), 
    feces (9-17%), and carbon dioxide (0.5-1%) and less than 1% of the dose 
    was recovered in the organs and tissues after 7- days.
        Elimination was rapid as most of the recovered dose was eliminated 
    within 48 hours. The low dose groups eliminated clethodim slightly 
    faster than the high dose group, and repeated exposure to clethodim 
    prior to radiolabel dosing did not affect the rate of elimination or 
    distribution of recovered radiolabel. There were no apparent sex 
    differences with respect to elimination or distribution of metabolites.
        The primary excretory metabolites were identified as clethodim 
    sulfoxide (48-63%), clethodim S-methyl sulfoxide (6-12%), clethodim 
    imine sulfoxide (7-10%), and clethodim 5-hydroxy sulfoxide (3-5%). 
    Minor metabolites included clethodim oxazole sulfoxide (2-3%), 
    clethodim trione sulfoxide (1%), clethodim (1%), clethodim 5-hydroxy 
    sulfone (0.3-1%), clethodim sulfone (0.1-1%), aromatic sulfone (0.2-
    0.7%), and S-methyl sulfone (0-0.4%).
        7. Dermal penetration. The dermal penetration of SELECT 2 EC 
    Herbicide, the end-use product, was tested on unabraded, shaved skin of 
    rats. Single doses of approximately 0.05, 0.5, and 5.0 mg of 
    radiolabeled (14C-clethodim) SELECT 2 EC Herbicide, were applied 
    topically to 10 cm2 sites on the dorsal trunk. After 2, 10, 
    or 24 hours, urine, feces, volatiles, scrubbings of the skin, skin at 
    treatment site, blood, several tissues, and the carcass were collected 
    and counted for radioactivity. Clethodim was found to be slowly 
    absorbed through the skin in a time-dependent manner. The percent of 
    dose absorbed increased with length of exposure and decreased with 
    increasing dose. 10-hour absorption rates ranged from 7.5% to 30.0%. 
    Most of the absorbed material was found in the urine and carcass, and 
    most of the unabsorbed material was found in the skin scrubbings 
    indicating that material was still on the skin surface.
        8. Metabolite toxicology. 2 metabolites of clethodim, clethodim 
    imine sulfone (RE-47719) and clethodim 5-hydroxy sulfone (RE-51228), 
    have been tested in toxicity screening studies to evaluate the 
    potential impact of these metabolites on the toxicity of clethodim. In 
    general, these metabolites were found to be less toxic than Clethodim 
    Technical for acute and oral toxicity studies; reproduction and 
    teratology screening studies; and several mutagenicity studies.
    
    C. Aggregate Exposure
    
        1. Dietary exposure--i. Food. Clethodim is approved for use in the 
    production of commercial agricultural crops including cotton, soybeans, 
    sugar beets, and onions (dry bulb). Approval is expected soon for 
    several additional crops. Dietary exposures are expected to represent 
    the major route of exposure to the public. Since chronic exposures are 
    of more concern than acute exposures for clethodim, this summary will 
    focus primarily on chronic issues. Chronic dietary assessments for 
    clethodim have been conducted by the registrant for all currently 
    approved crops, all pending crops, and the crops proposed in this 
    petition (tuberous and corm vegetables, sunflower, and canola).
        In Valent's assessment, anticipated residues were used for all crop 
    and animal commodities. Anticipated residue levels were the mean levels 
    found in crop field trial data after treatment with the maximum 
    recommended rate and harvested at minimum allowable intervals. These 
    values are, therefore, slightly conservative. An assessment was 
    performed assuming 100% of crop treated (still conservative) as well as 
    assuming a more realistic percent of crop treated based on market 
    survey data for existing uses or market projections for proposed uses. 
    Adjusting for percent of crop treated is justified because most of 
    treated commodities are combined in central locations and broadly 
    distributed to the public; none of the clethodim tolerances or uses are 
    limited to specific regions in the U.S.; and the primary concern is 
    with chronic dietary exposure which minimizes the variance of single 
    serving residues. The results of these assessments are summarized below 
    in the Safety Determination section and indicate that chronic dietary 
    exposures for existing and proposed uses of clethodim are well below 
    the reference dose in either case.
        ii. Drinking water. Since clethodim is applied outdoors to growing 
    agricultural crops, the potential exists for clethodim or its 
    metabolites to leach into groundwater. Drinking water, therefore, 
    represents a potential route of exposure for clethodim and should be 
    considered in an aggregate exposure assessment.
        Based on available studies used in EPA's assessment of 
    environmental risk for clethodim (memo from E. Brinson Conerly dated 
    June 26, 1990), clethodim itself was classified as mobile in soil, but 
    very non-persistent, representing a minimal groundwater concern. 
    Metabolites of clethodim were also classified as mobile, but are 
    slightly more persistent (half-lives up to 30-days versus up to 3-days 
    for parent). Regarding clethodim metabolites, the Agency concluded that 
    the ``potential for groundwater contamination may be somewhat higher 
    than for clethodim but would still be expected to be relatively low in 
    most cases due to their moderately low persistence''.
        There is no established Maximum Concentration Level for residues of 
    clethodim in drinking water under the Safe Drinking Water Act.
    
    [[Page 63945]]
    
        Based on this information, Valent believes that clethodim appears 
    to represent an insignificant risk for exposure through drinking water.
        2. Non-dietary exposure. Clethodim is currently approved for the 
    commercial production of agricultural crops including soybeans, cotton, 
    sugar beets, onions, and ornamental plants as well as for use on non-
    crop areas. The new uses proposed in this notice of filing are all 
    agricultural crops. While there is a potential for clethodim to be used 
    in non-crop areas (e.g. around parks and rights-of-way) where the 
    public does spend some time, the likelihood of significant exposure is 
    very small. First, this grass herbicide cannot be sprayed on lawns 
    where the public does spend significant amounts of time, but instead 
    must be used where there is no crop or around ornamental plants that 
    are tolerant to the chemical. The public does not spend significant 
    amounts of time in these areas. And second, clethodim is not persistent 
    in the environment so the potential for public exposure is short term. 
    Therefore, Valent believes that the potential for non-occupational 
    exposure to the general public, other than through the diet or drinking 
    water, is insignificant.
    
    D. Cumulative Effects
    
        There is one other pesticide compound registered in the United 
    States, sethoxydim, which is structurally related to clethodim and has 
    similar effects on animals. Sethoxydim is approved for use on a variety 
    of agricultural crops, in non-crop areas, and around the home. This 
    chemical should be considered in an aggregate exposure assessment along 
    with clethodim. Dietary exposure is expected to represent the major 
    route of exposure for sethoxydim as well as for clethodim.
        The reference dose for sethoxydim is 0.09 mg/kg/day based on the 1-
    year dog feeding study NOEL and a 100-fold safety factor. This in on 
    the same order of magnitude as clethodim, 0.01 mg/kg/day, which is also 
    based on a 1-year dog study and a 100-fold safety factor.
        A discussion of the cumulative effects from clethodim and 
    sethoxydim exposures is presented below in the Safety Determination 
    section.
    
    E. Safety Determination
    
        1. U.S. population. Using the dietary exposure assessment 
    procedures described above for clethodim, chronic dietary exposures 
    resulting from existing and proposed uses of clethodim were compared to 
    the reference dose (RfD) of clethodim. In Valent's conservative 
    assessment (using anticipated residues and assuming 100% treated for 
    all crops), exposure for the U.S. population would occupy 13.6% of the 
    RfD and non-nursing infants (< 1-year)="" are="" most="" highly="" exposed="" with="" total="" exposure="" occupying="" 32.3%="" of="" the="" rfd.="" exposure="" to="" children="" 1="" to="" 6="" years="" old="" would="" occupy="" 27.1%="" of="" the="" rfd.="" in="" valent's="" realistic="" analysis="" (using="" anticipated="" residues="" and="" estimated="" percent="" of="" crop="" treated="" for="" all="" crops),="" exposure="" for="" the="" u.s.="" population="" would="" occupy="" only="" 0.6%="" of="" the="" rfd="" and="" non-nursing="" infants="" are="" still="" the="" highest="" and="" would="" be="" at="" only="" 1.6%="" of="" the="" rfd.="" for="" sethoxydim,="" recent="" epa="" dietary="" assessments="" have="" been="" performed="" in="" conjunction="" with="" the="" extension="" of="" several="" time-limited="" tolerances.="" in="" a="" final="" rule="" published="" in="" the="" federal="" register="" of="" april="" 11,="" 1997="" (62="" fr="" 17735)="" (frl-5598-7),="" epa="" estimated="" that="" exposure="" to="" all="" existing="" tolerances="" for="" sethoxydim="" would="" occupy="" 36%="" of="" the="" sethoxydim="" rfd="" for="" the="" u.s.="" population="" and="" 72%="" of="" the="" rfd="" for="" the="" most="" exposed="" subpopulation="" of="" children="" aged="" 1-="" to="" 6-years.="" the="" assumptions="" used="" were="" conservative="" and="" the="" final="" rule="" stated="" that="" ``actual="" risks="" using="" more="" realistic="" assumptions="" would="" likely="" result="" in="" significantly="" lower="" risk="" estimates.''="" since="" clethodim="" and="" sethoxydim="" have="" similar="" toxicological="" effects="" in="" mammals,="" the="" contributions="" to="" the="" individual="" reference="" doses="" may="" need="" to="" be="" considered="" in="" an="" aggregate="" exposure="" assessment.="" the="" epa="" generally="" has="" no="" concern="" for="" exposures="" below="" 100%="" of="" the="" rfd="" because="" the="" rfd="" represents="" the="" level="" at="" or="" below="" which="" daily="" aggregate="" exposure="" over="" a="" lifetime="" will="" not="" pose="" appreciable="" risks="" to="" human="" health.="" directly="" summing="" the="" results="" of="" the="" conservative="" sethoxydim="" and="" the="" conservative="" clethodim="" contributions="" to="" rfd="" would="" be="" approaching="" 100%.="" however,="" reliable="" information="" is="" not="" available="" to="" indicate="" that="" directly="" summing="" the="" percent="" of="" rfd="" for="" these="" two="" chemicals="" is="" the="" most="" appropriate="" thing="" to="" do.="" since="" using="" realistic="" assumptions="" for="" clethodim,="" including="" adjustment="" for="" percent="" of="" crop="" treated,="" result="" in="" large="" decreases="" in="" dietary="" risk="" (about="" 20-fold)="" valent="" expects="" that="" the="" sethoxydim="" risk="" estimates="" would="" also="" be="" reduced="" significantly.="" therefore,="" valent="" believes="" that="" the="" cumulative="" chronic="" dietary="" risk="" of="" sethoxydim="" and="" clethodim="" is="" likely="" to="" be="" well="" below="" the="" 100%="" level="" for="" all="" population="" subgroups.="" regarding="" drinking="" water="" exposures,="" sethoxydim="" is="" similar="" to="" clethodim="" representing="" a="" minimal="" risk="" for="" leaching="" into="" groundwater="" due="" to="" its="" rapid="" degradation="" in="" the="" environment.="" there="" is="" no="" established="" maximum="" concentration="" level="" for="" residues="" of="" sethoxydim="" in="" drinking="" water="" under="" the="" safe="" drinking="" water="" act.="" regarding="" non-occupational="" exposures,="" sethoxydim="" is="" registered="" for="" use="" in="" non-crop="" areas="" and="" around="" the="" home="" and="" may="" have="" some="" potential="" for="" exposure="" to="" the="" general="" public.="" however,="" as="" discussed="" for="" clethodim,="" sethoxydim="" cannot="" be="" applied="" to="" grass="" where="" public="" contact="" is="" expected="" and="" sethoxydim="" is="" not="" persistent="" in="" the="" environment.="" valent="" therefore="" expects="" that="" non-occupational="" exposures="" to="" the="" public="" be="" minimal="" for="" sethoxydim.="" in="" summary,="" dietary="" exposure="" for="" clethodim="" and="" sethoxydim="" are="" each="" expected="" to="" occupy="" less="" than="" 10%="" of="" their="" rfd's="" when="" anticipated="" residue="" levels="" and="" percent="" of="" crop="" treated="" values="" are="" considered.="" exposures="" through="" the="" drinking="" water="" or="" other="" non-occupational="" routes="" are="" expected="" by="" valent="" to="" be="" minimal.="" collectively,="" valent="" believes="" that="" the="" aggregate="" risks="" associated="" with="" the="" uses="" of="" these="" two="" chemicals="" is="" small="" and="" demonstrates="" a="" reasonable="" certainty="" of="" no="" harm="" to="" the="" public.="" 2.="" infants="" and="" children.="" as="" discussed="" above,="" dietary="" exposure="" for="" clethodim="" and="" sethoxydim="" is="" greatest="" for="" children="" ages="" 1-6-years="" or="" non-nursing="" infants="" less="" than="" 1-year="" old.="" however,="" using="" a="" realistic="" approach="" to="" estimating="" exposures,="" exposures="" are="" expected="" to="" be="" below="" 10%="" of="" the="" rfd="" for="" each="" chemical="" even="" for="" infants="" and="" children.="" the="" databases="" for="" clethodim="" and="" sethoxydim="" are="" complete="" relative="" to="" current="" pre-="" and="" post-natal="" toxicity="" testing="" requirements="" including="" developmental="" toxicity="" studies="" in="" two="" species="" and="" multi-generation="" reproduction="" studies="" in="" rats.="" reproduction="" and="" developmental="" effects="" have="" been="" found="" in="" toxicology="" studies="" for="" clethodim="" and="" sethoxydim,="" but="" the="" effects="" were="" seen="" at="" levels="" that="" were="" also="" maternally="" toxic.="" this="" indicates="" that="" developing="" animals="" are="" not="" more="" sensitive="" than="" adults.="" fqpa="" requires="" an="" additional="" safety="" factor="" of="" up="" to="" 10="" for="" chemicals="" which="" represent="" special="" risks="" to="" infants="" or="" children.="" clethodim="" and="" sethoxydim="" do="" not="" meet="" the="" criterion="" for="" application="" of="" an="" additional="" safety="" factor="" for="" infants="" and="" children.="" valent="" believes="" that="" this="" demonstrates="" a="" reasonable="" certainty="" of="" no="" harm="" to="" children="" and="" infants="" from="" the="" proposed="" uses="" of="" clethodim.="" f.="" international="" tolerances="" although="" some="" have="" been="" proposed,="" there="" are="" no="" mexican="" or="" codex="" tolerances="" or="" maximum="" residue="" limits="" established="" for="" clethodim="" on="" potatoes,="" sunflower,="" or="" canola="" commodities.="" in="" [[page="" 63946]]="" canada,="" there="" are="" maximum="" residue="" limits="" established="" for="" potato="" tubers="" at="" 0.5="" ppm="" and="" canola="" oil="" at="" 0.1="" ppm.="" the="" use="" rates="" proposed="" for="" the="" use="" on="" tuberous="" and="" corm="" vegetables="" (crop="" subgroup="" 1-c)="" may="" exceed="" the="" 0.5="" ppm="" level="" in="" tubers="" so="" a="" higher="" level="" is="" necessary.="" in="" canada,="" canola="" oil="" is="" the="" only="" canola="" commodity="" considered="" for="" a="" residue="" limit="" since="" this="" is="" the="" commodity="" consumed="" by="" humans.="" in="" the="" u.s.,="" a="" tolerance="" is="" not="" being="" proposed="" for="" the="" processed="" commodity="" canola="" oil="" since="" concentration="" did="" not="" occur="" in="" the="" processing="" study.="" consequently,="" residue="" in="" oil="" up="" to="" 0.5="" ppm="" would="" be="" allowed="" in="" the="" u.s.="" however,="" the="" residue="" data="" indicate="" that="" residues="" in="" oil="" are="" not="" expected="" to="" exceed="" 0.1="" ppm="" and="" valent="" does="" not="" believe="" this="" would="" represent="" a="" barrier="" against="" exporting="" u.s.-treated="" canola="" oil="" into="" canada.="" 2.="" zeneca="" ag="" products="" pp="" 6f4609="" epa="" has="" received="" a="" pesticide="" petition="" (pp="" 6f4609)="" from="" zeneca="" ag="" products,="" 1800="" concord="" pike,="" p.o.="" box="" 15458,="" wilmington,="" de="" 19850.="" proposing="" pursuant="" to="" section="" 408(d)="" of="" the="" federal="" food,="" drug,="" and="" cosmetic="" act,="" 21="" u.s.c.="" 346a(d),="" to="" amend="" 40="" cfr="" part="" 180="" by="" establishing="" a="" tolerance="" for="" residues="" of="" diquat="" dibromide="" in="" or="" on="" the="" raw="" agricultural="" commodity="" dried="" shelled="" pea="" and="" bean="" (except="" soybean)="" subgroup="" (seed)="" at="" 0.80="" ppm.="" the="" proposed="" analytical="" method="" is="" a="" spectrophotometric="" method="" measuring="" absorption="" following="" derivitisation="" of="" the="" diquat="" with="" alkaline="" sodium="" dithionite.="" epa="" has="" determined="" that="" the="" petition="" contains="" data="" or="" information="" regarding="" the="" elements="" set="" forth="" in="" section="" 408(d)(2)="" of="" the="" ffdca;="" however,="" epa="" has="" not="" fully="" evaluated="" the="" sufficiency="" of="" the="" submitted="" data="" at="" this="" time="" or="" whether="" the="" data="" supports="" granting="" of="" the="" petition.="" additional="" data="" may="" be="" needed="" before="" epa="" rules="" on="" the="" petition.="" a.="" residue="" chemistry="" 1.="" plant="" metabolism.="" the="" metabolism="" of="" diquat="" in="" plants="" is="" adequately="" understood.="" the="" residue="" of="" concern="" in="" plants="" is="" diquat="" per="" se.="" no="" further="" plant="" metabolism="" data="" are="" necessary="" for="" this="" proposed="" use.="" 2.="" analytical="" method.="" the="" method="" of="" analysis="" is="" a="" spectrophotometic="" method="" measuring="" absorption="" following="" derivitisation="" of="" the="" diquat="" with="" alkaline="" sodium="" dithinoite.="" 3.="" magnitude="" of="" residues.="" dry="" pea="" -="" six="" residue="" field="" trials="" were="" conducted="" during="" 1994="" in="" california,="" idaho,="" oregon,="" texas,="" and="" washington.="" the="" seed="" samples="" were="" analyzed="" for="" the="" active="" ingredient="" diquat.="" diquat="" residues="" in="" dry="" pea="" seed="" ranged="" from="" 0.05="" to="" 0.56="" ppm.="" lentil="" -="" five="" residue="" field="" trials="" were="" conducted="" during="" 1994="" in="" idaho,="" north="" dakota,="" and="" washington.="" the="" seed="" samples="" were="" analyzed="" for="" the="" active="" ingredient="" diquat.="" diquat="" residues="" in="" lentil="" seed="" ranged="" from="">< 0.05="" to="" 0.54="" ppm.="" dry="" bean="" -="" eight="" residue="" field="" trials="" were="" conducted="" during="" 1994="" in="" california,="" colorado,="" idaho,="" michigan,="" minnesota,="" north="" dakota,="" nebraska,="" and="" new="" york.="" the="" bean="" seed="" were="" analyzed="" for="" the="" active="" ingredient="" diquat.="" diquat="" residues="" were="" less="" than="" the="" limit="" of="" quantitation=""><0.05 ppm)="" in="" all="" the="" bean="" seed="" samples.="" b.="" toxicological="" profile="" 1.="" acute="" toxicity.="" in="" studies="" using="" laboratory="" animals,="" diquat="" dibromide="" has="" been="" shown="" generally="" to="" be="" of="" moderate="" toxicity.="" it="" can="" cause="" slight="" to="" severe="" eye="" irritation="" and="" has="" been="" placed="" in="" toxicity="" category="" ii="" for="" acute="" dermal="" eye="" irritation="" effects.="" it="" is="" slightly="" acutely="" toxic="" by="" the="" oral="" and="" inhalation="" routes="" and="" has="" been="" placed="" in="" toxicity="" category="" iii="" for="" these="" effects.="" diquat="" dibromide="" causes="" slight="" dermal="" irritation="" and="" has="" been="" placed="" in="" toxicity="" category="" iv="" for="" this="" effect.="" it="" is="" not="" a="" skin="" sensitizer.="" 2.="" genotoxicty.="" diquat="" dibromide="" was="" negative="" for="" mutagenicity="" in="" the="" following="" test:="" 1="" gene="" mutation="" (ames),="" 2="" structural="" chromosome="" aberration="" (mouse="" micronucleus="" and="" dominant="" lethal="" in="" mice)="" and="" 1="" other="" genotoxic="" effects="" (unscheduled="" dna="" synthesis="" in="" rat="" hepatocytes="" in="" vitro).="" diquat="" was="" positive="" in="" 1="" gene="" mutation="" test="" (mouse="" lymphoma="" cell="" assay)="" and="" in="" 1="" chromosome="" aberration="" test="" (human="" blood="" lymphocytes,="" depending="" on="" the="" concentration="" of="" diquat="" dibromide="" and="" the="" presence="" or="" absence="" of="" the="" metabolic="" activation="" system).="" epa="" has="" concluded="" that="" diquat="" does="" not="" appear="" to="" present="" a="" mutagenicity="" concern="" in="" (in="" vivo)="" studies="" and="" for="" heritable="" risk="" considerations="" based="" on="" available="" information.="" 3.="" reproductive="" and="" developmental="" toxicity.="" in="" a="" rat="" multigeneration="" study,="" diquat="" was="" fed="" at="" dose="" levels="" equivalent="" to="" 0,="" 16,="" 80="" or="" 400/240="" ppm="" of="" diquat="" cation.="" there="" was="" evidence="" of="" toxicity="" in="" both="" adults="" and="" offspring="" at="" 400/240="" ppm="" diquat.="" a="" low="" incidence="" of="" toxicity="" was="" seen="" at="" 80="" ppm="" in="" the="" adult="" rats="" only.="" based="" on="" the="" findings,="" the="" noel="" and="" loel="" for="" systemic="" toxicity="" are="" 16="" ppm="" (0.8="" mg/="" kg/day)="" and="" 80="" ppm="" (4="" mg/kg/day),="" respectively,="" expressed="" as="" diquat="" cation.="" the="" noel="" and="" loel="" for="" reproductive="" toxicity="" are="" 80="" ppm="" (4="" mg/="" kg/day)="" and="" 400/240="" ppm="" (20/12="" mg/kg/day)="" respectively,="" expressed="" as="" diquat="" cation.="" in="" a="" developmental="" toxicity="" study="" in="" rabbits,="" diquat="" dibromide="" was="" administered="" by="" gavage="" at="" dose="" levels="" of="" 0,="" 1,="" 3,="" or="" 10="" mg/kg/day.="" there="" was="" no="" evidence="" to="" suggest="" that="" diquat="" was="" teratogenic="" to="" the="" rabbit="" at="" any="" dose="" level="" tested.="" based="" on="" the="" findings,="" the="" noel="" and="" loel="" for="" maternal="" toxicity="" are="" 1="" mg/kg/day="" and="" 3="" mg/kg/day,="" respectively,="" expressed="" as="" diquat="" cation.="" the="" developmental="" toxicity="" noel="" and="" loel="" are,="" respectively,="" 3="" mg/kg/day="" and="" 10="" mg/kg/day,="" expressed="" as="" diquat="" cation.="" in="" a="" developmental="" toxicity="" study="" in="" the="" rat,="" diquat="" dibromide="" was="" administered="" by="" oral="" gauge="" dose="" levels="" of="" 0,="" 4,="" 12="" or="" 40="" mg/kg/day.="" diquat="" was="" not="" a="" rat="" teratogen="" at="" any="" of="" the="" dose="" levels="" tested.="" maternal="" toxicity="" and="" foetotoxicity="" were="" in="" evidence="" at="" 40="" mg/kg/day="" with="" mild="" and="" transient="" maternal="" toxicity="" persisting="" to="" the="" lowest="" dose="" level="" tested="" (4="" mg/kg/day).="" the="" developmental="" toxicity="" noel="" and="" loel="" are,="" respectively,="" 12="" mg/kg/day="" and="" 40="" mg/kg/day="" expressed="" as="" diquat="" cation.="" 4.="" subchronic="" toxicity.="" a="" supplemental="" subchronic="" dermal="" toxicity="" study="" using="" rabbits="" exposed="" to="" technical="" diquat="" dibromide="" at="" doses="" of="" 0,="" 20,="" 40,="" 80,="" or="" 160="" mg/kg/day="" with="" a="" toxicological="" noel="" and="" loel="" for="" systemic="" toxicity,="" for="" both="" sexes,="" of="" 20="" mg/kg/day="" and="" 40="" mg/kg/day,="" respectively.="" a="" repeated="" dermal="" toxicity="" study="" using="" rats="" exposed="" to="" technical="" diquat="" dibromide="" at="" doses="" of="" 0,="" 5,="" 20,="" 40="" or="" 80="" mg/kg="" of="" body="" weight/="" day="" with="" a="" toxicological="" noel="" and="" loel="" for="" systemic="" toxicity,="" for="" both="" sexes,="" of="" 5="" mg/kg/day="" and="" 20="" mg/kg/day,="" respectively.="" an="" inhalation="" study="" using="" rats="" resulted="" in="" increase="" in="" lung="" weight,="" lung/body="" weight="" and="" lung/brain="" weight,="" lung="" lesions,="" and="" mottling="" and="" reddening="" of="" the="" lungs="" in="" females;="" however,="" all="" effects="" except="" the="" latter="" were="" reversible.="" a="" second="" inhalation="" study="" using="" rats="" showed="" no="" effects="" on="" any="" of="" the="" parameters="" examined="" at="" a="" dose="" of="" 0.1="">g/
    l. Based on both studies the NOEL and LOEL on inhalation exposure are 
    0.1g/L and 0.49 g/L, respectively.
        5. Chronic toxicity.-- i. 2-Year rat study. - A chronic feeding 
    carcinogenicity study was conducted on rats which were fed diets 
    containing 0, 5, 15, 75 or 375 ppm of diquat cation. The systemic NOEL 
    for both sexes was 15 ppm (0.58 mg/kg/day for males and
    
    [[Page 63947]]
    
    0.72 mg/kg/day for females, expressed as diquat cation); and the 
    systemic LOEL was 75 ppm (2.91 mg/kg/day for males and 3.64 mg/kg/day 
    for females, expressed as diquat cation).
        ii. 1-Year dog study. - A chronic dog study was conducted on 
    beagles which were fed diets containing 0, 0.5, 2.5, or 12.5 mg/kg/day, 
    expressed as diquat cation. The systemic NOEL for both sexes was 0.5 
    mg/kg/day and systemic LOEL was 2.5 mg/kg/day.
        iii. 2-Year mice study. - A chronic feeding/carcinogenicity study 
    was conducted on mice which were fed diets containing 0,30,100 or 300 
    ppm, expressed as diquat cation. The systemic NOEL for both sexes was 
    30 ppm. The systemic LOEL was 100 ppm. Zeneca believes that diquat was 
    not carcinogenic in this study.
        The carcinogenic potential of diquat dibromide was evaluated by the 
    Health Effects Division Reference Dose (RfD)/Peer Review Committee on 
    March 31, 1994. The Committee classified diquat dibromide into Group E 
    (evidence of noncarcinogenicity for humans, based on a lack of evidence 
    of carcinogenicity in acceptable studies with two animal species, rat 
    and mouse.
        6. Animal metabolism. The reregistration requirements for animal 
    metabolism are fulfilled. The qualitative nature of the residue in 
    animals is adequately understood based on acceptable poultry, ruminant, 
    and fish metabolism studies. There are no animal feed items associated 
    with this proposed use. The diquat metabolism and magnitude of residue 
    in animals is not germane to this petition.
        7. Metabolite toxicology. The qualitative nature of the residue in 
    plants is adequately understood based on an acceptable potato 
    metabolism study and rat bioavailabilty study. The terminal residue of 
    concern in plants is diquat per se. The qualitative nature of the 
    residue in animals is adequately understood.
    
    C. Aggregate Exposure
    
        Diquat is a non-selective, contact herbicide with both food and 
    non-food uses. As such, aggregate non-occupational exposure would 
    include exposures resulting from consumption of potential residues in 
    food and water, as well as from residue exposure resulting from non-
    crop use around trees, shrubs, lawns, walks, driveways, etc. Thus, the 
    possible human exposure from food, drinking water and residential uses 
    has been assessed below.
        1. Dietary exposure-- i. Food. Acute dietary - The EPA did not 
    identify an acute toxicity endpoint of concern for diquat in the 
    Reregistration Eligibility Decision (RED) document, and determined that 
    an acute dietary risk assessment is not required for this chemical.
        ii. Chronic dietary. For purposes of assessing the potential 
    chronic dietary exposure, Zeneca has estimated the aggregate exposure 
    based on Theoretical Maximum Residue Contribution (TMRC) for all 
    existing tolerances and the proposed tolerances of diquat on dry beans 
    and dry peas at 0.8 ppm. The TMRC is obtained by multiplying the 
    tolerance level residues (existing and proposed) by the consumption 
    data which estimates the amount of those food products eaten by various 
    population subgroups. Exposure of humans to residues could also result 
    if such residues are transferred to meat, milk, poultry or eggs. The 
    following assumptions were used in conducting this exposure assessment: 
    100% of the crops were treated, the RAC residues would be at the level 
    of the tolerance, and certain processed food residues would be at 
    anticipated (average) levels based on processing studies. In addition, 
    residues of diquat in tap water at the Maximum Contaminant Level (MCL) 
    of 0.02 ppm was included in the dietary assessment. These conservative 
    assumptions result in a ``worst-case'' risk assessment and a 
    significant overestimate of actual human exposure. An assessment was 
    also performed using Anticipated Residues Contributions (ARC) derived 
    from field trial data for sorghum, soybeans, potatoes, dry beans and 
    peas. The ARC assessment also included percent crop treated data as 
    cited in the July 1995 Diquat RED, as well as market projections for 
    dry beans and peas. The resulting TMRC for the US population is 
    0.002946 mg/kg body weight/day (58.9% of the RfD). For this same group, 
    the Anticipated Residue Contribution (ARC) is 0.000711 mg/kg body 
    weight/day (14.2% RfD). For children ages 1 to 6 and non-nursing 
    infants the TMRC was 0.004571 mg/kg body-weight/day (91.4% RfD) and 
    0.003620 mg/kg body-weight/day (72.4% RfD), respectively. For these 
    same groups the ARC was 0.001513 mg/kg body-weight/day (30.3% RfD) for 
    children ages 1 to 6, and 0.002795 mg/kg body-weight/day (55.9% RfD) 
    for non-nursing infants. None of the subgroups assessed exceeded 100% 
    of the RfD.
        iii. Drinking water. In examining aggregate exposure, FQPA directs 
    EPA to consider available information concerning exposures from the 
    pesticide residue in food and all other non-occupational exposures. The 
    primary non-food sources of exposure the Agency looks at, include 
    drinking water (whether from groundwater or surface water), is exposure 
    through pesticide use in gardens, lawns, etc (residential uses).
        The lifetime health advisory and maximum contaminant level (MCL) 
    set by EPA for diquat are the same and given as 0.02 parts per million 
    (ppm) as required under the Drinking Water Regulations under the Safe 
    Drinking Water Act. Drinking water which meets the EPA standard is 
    associated with little to no risk and should be considered safe. 
    Inclusion of MCL level residues of diquat in water in the dietary 
    assessment demonstrated a safe exposure level to all subgroups in the 
    US population. The Agency no longer establishes tolerances for residues 
    in potable water; the tolerance for diquat dibromide has been replaced 
    with a designated maximum contaminant level goal (MCLG) of 0.02 ppm for 
    residues of diquat in potable water.
        The primary route of environmental dissipation of diquat is strong 
    adsorption to soil particles. Diquat does not hydrolyse or photodegrade 
    and is resistant to microbial degradation under aerobic and anaerobic 
    conditions. There were no major degradates isolated from any of the 
    environmental fate studies. When used as an aquatic herbicide, diquat 
    is removed from the water column by adsorption to soil sediments, 
    aquatic vegetation, and organic matter. Adsorbed diquat is persistent 
    and immobile, and is not expected to be a ground-water contaminant. The 
    environmental fate data base for diquat is complete for reregistration 
    of diquat dibromide.
        2. Non-dietary exposure. As a non-selective, contact herbicide, 
    homeowner use of diquat will consist primarily of spot spraying of 
    weeds around trees, shrubs, walks, driveways, flower beds, fence lines, 
    etc. The potential for exposure following application as a spot 
    treatment in residential gardens, driveway edges, patios, etc. is low 
    due to the limited frequency and duration of exposure. The exposures 
    which would result from the use of diquat are determined to be of an 
    intermittent nature. Any exposures to diquat would result from dermal 
    exposure. These exposures are not expected to pose any acute toxicity 
    concerns. Based on the US EPA National Home and Garden Pesticide Use 
    Survey (RTI/5100/17-01F, March 1992), the average homeowner is expected 
    to use non-selective herbicides only about four times a year. Thus, 
    these exposure have not been factored into a chronic exposure 
    assessment. Also, diquat has extremely low skin permeation, is not 
    volatile, presenting
    
    [[Page 63948]]
    
    no inhalation risk, and has rapid and strong binding characteristics to 
    leaf surfaces and soil. The Agency concludes that non-occupational and 
    non-dietary exposure to diquat will not be significant and has not been 
    aggregated with dietary exposures in estimating chronic risk.
    
    D. Cumulative Effects
    
        The only other compound in the bipyridilium chemical family is 
    paraquat dichloride. Since diquat dibromide and paraquat dichloride 
    have different toxicological endpoints and therefore do not have a 
    common mode of action, there is no need for an assessment of cumulative 
    effects.
    
    E. Safety Determination
    
        1. U.S. population. The proposed uses utilize 58.9% of the RfD for 
    the general U.S. population, based on the assumptions of 100% crop 
    treated, MCL level residues in tap water and all residues at tolerance 
    levels; 72.4% of the RfD for non-nursing infants under 1-year old, 
    19.6% of the RfD for nursing infants under 1-year old; 91.4% of the RfD 
    for children 1-6 years old; and 71.5% of the RfD for children 7-12 
    years old. An additional risk assessment for residential uses is 
    unnecessary because there is no evidence for toxicological concern via 
    the dermal or inhalation routes of exposure. Given diquat's strong 
    binding characteristics, exposure via drinking water is highly 
    unlikely. Zeneca concludes that there is reasonable certainty that no 
    harm will occur from aggregate exposure to diquat.
        2. Infants and children. FFCDA section 408 provides that EPA shall 
    apply an additional ten fold margin of exposure for infants and 
    children in the case of threshold effects to account for pre- and post-
    natal toxicity and the completeness of the database unless EPA 
    determines that a different margin of exposure will be safe for infants 
    and children. EPA believes that reliable data support using the 
    standard margin of exposure (usually 100 x for combined inter- and 
    intra-species variability) and not the additional tenfold margin of 
    exposure when EPA has a complete data base under existing guidelines 
    and when the severity of the potential effect in infants and children 
    or the potency or unusual toxic properties of a compound do not raise 
    concerns regarding the adequacy of the standard margin of exposure.
        Risk to infants and children was determined by the use of a rat 
    multigeneration reproduction study and developmental toxicity studies 
    in rabbits and rats. The reproduction study provides information on 
    potential effects from exposure on the reproductive capability of 
    mating parents and on systemic toxicity. The developmental studies 
    provide information on the potential for adverse effects from exposure 
    on the developing organism during prenatal development.
        The toxicological data base for evaluating pre- and post-natal 
    toxicity for diquat is considered to be complete. In the rat 
    reproduction study, systemic toxicity to the mating parents was 
    observed at 4 and 20/12 mg diquat cation/kg body weight/day, and 
    reproductive effects in the form of decreased pups per litter and 
    decreased body weight gain were seen at 20/12 mg/kg/day. Given that the 
    effects seen in the pups and litters were at doses that clearly 
    affected the parents at this dose level and below, diquat is considered 
    not to affect reproductive performance without significantly 
    compromising the health of the parental animals.
        Developmental effects in the rat and rabbit studies, including 
    decreased body weights, kidney and liver effects, and delayed 
    ossification, were only observed at the highest doses tested and are 
    considered to be related to the significant maternal toxicity exhibited 
    at these dose levels. There was no evidence in these studies that 
    diquat caused teratogenic effects.
        Furthermore, the RfD is currently based on effects seen at 0.5 mg/
    kg/day in the dog. Effects seen at maternally toxic doses in the rat 
    developmental study were 80 times higher, and in the rabbit study were 
    20 times higher than the level on which the RfD is based. Thus, Zeneca 
    does not believe the effects seen in these studies are of such a 
    concern to require an additional safety factor. Accordingly, Zeneca 
    concludes that the RfD has an adequate margin of protection for infants 
    and children and there is reasonable certainty that no harm will occur 
    to infants and children from aggregate exposure to diquat.
    
    F. International Tolerances
    
        Codex lists diquat cation in dry beans and peas at 0.2 ppm. Diquat 
    is listed in Canada in beans and peas at 0.1 ppm. There are no Mexican 
    maximum residue limits for diquat on dry beans or peas.
    
    3. E.I. DuPont de Nemours and Co., Inc.
    
    PP 7F4849
    
        EPA has received a pesticide petition (PP 7F4849) from E.I. DuPont 
    de Nemours and Co., Inc. (DuPont), Barley Mill Plaza, P.O. Box 80083, 
    Wilmington, DE 19880-0038. proposing pursuant to section 408(d) of the 
    Federal Food, Drug and Cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR 
    part 180 by establishing a tolerance for residues of for azafenidin, 2-
    [2,4-dichloro-5-(2-propynyloxy) phenyl]-5,6,7,8-tetrahydro-1,2,4-
    triazolo [4,3-a] pyridin-3(2H)-1 in or on the raw agricultural 
    commodities of the crop grouping of citrus, grapes, sugarcane and 
    sugarcane molasses. The proposed analytical method involves 
    homogenization, filtration, partition and cleanup with analysis by gas 
    chromatography using mass selective detection. EPA has determined that 
    the petition contains data or information regarding the elements set 
    forth in section 408(d)(2) of the FFDCA; however, EPA has not fully 
    evaluated the sufficiency of the submitted data at this time or whether 
    the data supports granting of the petition. Additional data may be 
    needed before EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The qualitative nature of the residues of 
    azafenidin in citrus, grapes and sugarcane is adequately understood for 
    the purposes of registration. Metabolic pathways in grapefruit, grapes 
    and sugarcane are similar, consisting of rapid O-dealkylation and 
    production of hydroxyl derivatives, with subsequent formation of 
    glucuronide and sulfate.
        2. Analytical method. The proposed analytical method involves 
    homogenization, filtration, partition and cleanup with analysis by gas 
    chromatography using mass selective detection.
        3. Magnitude of residues. DuPont proposes establishing tolerances 
    for residues azafenidin, 2-[2,4-dichloro-5-(2-propynyloxy)phenyl]-
    5,6,7,8-tetrahydro-1,2,4-triazolo[4,3-a]pyridin-3(2H)-1 (Milestone*) in 
    or on the agricultural commodities of the crop grouping of citrus at 
    0.1 ppm, grapes at 0.02 ppm, sugarcane at 0.02 ppm and sugarcane 
    molasses at 0.1 ppm .
    
    B. Toxicological Profile
    
        1. Acute toxicity. Technical azafenidin has been placed in acute 
    toxicology category III based on overall results from several studies. 
    Results from the following studies indicate toxicology category III: 
    acute dermal toxicity (LD50 > 2,000kg; rabbits) and eye 
    irritation (effects reversible within 72 hours; rabbits). Acute oral 
    toxicity (LD50 > 5,000 mg/kg; rats), acute inhalation 
    toxicity (LC50 > 5.4 mg/L, rats) and skin irritation (slight 
    effects resolved within 48 hours; rabbits) results were assigned 
    toxicology category IV. Technical azafenidin is not a dermal 
    sensitizer.
        An acute neurotoxicity study was conducted in rats administered
    
    [[Page 63949]]
    
    azafenidin via gavage at 0, 100, 300 or 900 mg/kg. Azafenidin was not 
    neurotoxic at any dose. The systemic NOEL was 100 mg/kg for males and 
    females based on reduced food consumption and body weights at 300 mg/kg 
    and above.
        2. Genotoxicty. Technical azafenidin was negative for genotoxicity 
    in a battery of in vitro and in vivo tests. These tests included the 
    following: mutagenicity in bacterial (Ames test) and mammalian (CHO/
    HGPRT assay) cells; in vitro cytogenetics (chromosomal aberration in 
    human lymphocytes); in vivo cytogenetics (bone marrow micronucleus 
    assay in mice); and unscheduled DNA synthesis in rat primary 
    hepatocytes.
        3. Reproductive and developmental toxicity. A 2-generation 
    reproduction study was conducted in rats with dietary technical 
    azafenidin concentrations of 0, 5, 30, 180 or 1,080 ppm. The NOEL was 
    30 ppm (1.7 to 2.8 mg/kg/day for P1 and 
    F1 males and females and their offspring). This 
    was based on the following effects at 180 ppm (10.1 to 17.8 mg/kg/day 
    for P1 and F1 males and 
    females and/or their offspring): slight reductions in mean body weights 
    for F1 males and females; reductions in mean 
    gestation body weight gain and implantation efficiency; slightly 
    increased gestation lengths; decreased offspring survival, body weights 
    and other indices of offspring health; and increased incidence of 
    diarrhea among F1 parental males.
         A developmental study was conducted in rats administered technical 
    azafenidin by gavage at 0, 3, 8, 16 or 24 mg/kg/day. Azafenidin was not 
    teratogenic. The NOEL was 16 mg/kg/day based on the following 
    observations at 24 mg/kg/day: reduced maternal body weight, increased 
    resorptions, reductions in litter size and fetal weights and increased 
    sternebral variations. The maternal effects consisted of transient body 
    weight reductions; however, the nature of these effects suggested that 
    fetal resorptions contributed to these weight reductions.
        A developmental study was conducted in rabbits administered 
    technical azafenidin by gavage at 0, 12, 36, 100 or 300 mg/kg/day. 
    Azafenidin was not teratogenic. The NOELs for maternal and offspring 
    toxicity were 12 and 100 mg/kg/day, respectively. The maternal NOEL was 
    based on reduced body weight at 36 and 100 mg/kg/day and mortality at 
    higher doses. Excessive maternal toxicity at 300 mg/kg/day precluded a 
    Crop field trial residue data from citrus, grape and sugarcane studies 
    show that the proposed tolerances on these commodities will not be 
    exceeded when Milestone* is used as directed. Assessment of 
    developmental effects at this level. However, the developmental NOEL 
    was considered to be 100 mg/kg/day since there were no indications of 
    fetal toxicity up to and including this dose level.
        4. Subchronic toxicity. A 90-day study in mice was conducted at 
    dietary concentrations of 0, 50, 300, 900 or 1,500 ppm. The NOEL was 
    300 ppm (47.2 and 65.8 mg/kg/day for male and female mice, 
    respectively). This was based on reduced body weight gain in males and 
    microcytic and hypochromic anemia in males and females at 900 ppm (or 
    144 and 192 mg/kg/day for males and females, respectively).
        Technical azafenidin was administered in the diets of rats at 0, 
    50, 300, 900 or 1,500 ppm for 90 days. The NOEL was 300 ppm (24.2 and 
    28.2 mg/kg/day for male and female rats, respectively). This was based 
    on methemoglobinemia and microcytic and hypochromic anemia in males and 
    females at 900 ppm (or 71.9 and 83.8 mg/kg/day for male and female 
    rats, respectively).
        Dogs were administered technical azafenidin in their diets at 0, 
    10, 60, 120 or 240 ppm for 90-days. The NOEL was 10 ppm (0.34 and 0.33 
    mg/kg/day for males and females, respectively). This was based on 
    enlarged hepatocytes and increased serum alkaline phosphatase and 
    alanine aminotransferase activities at 60 ppm (2.02 and 2.13 mg/kg/day 
    for male and female dogs, respectively).
        A 90-day subchronic neurotoxicity study was conducted in rats at 0, 
    50, 750 or 1,500 ppm. There were no neurological effects observed in 
    this study. The NOEL for systemic toxicity was 50 ppm (3.0 mg/kg/day) 
    and 750 ppm (54.5 mg/kg/day) for male and female rats, respectively. 
    These were based on reduced food consumption and body weights and 
    increased incidences of clinical signs of toxicity at the higher doses.
        A 28-day dermal study was conducted in rats at 0, 80, 400 or 1,000 
    mg/kg/day. There was no dermal irritation or systemic toxicity among 
    males or females at the highest dose tested. The NOEL was > 1,000 mg/
    kg/day.
        5. Chronic toxicity. An 18-month mouse study was conducted with 
    dietary concentrations of 0, 10, 30, 300 or 900 ppm technical 
    azafenidin. This product was not oncogenic in mice. The systemic NOEL 
    was 300 ppm (39.8 and 54.1 mg/kg/day for males and females, 
    respectively). This was based on hepatotoxicity among males and reduced 
    body weights and food efficiency among females at 900 ppm (or 122 and 
    163 mg/kg/day for males and females, respectively).
        A 2-year chronic toxicity/oncogenicity study was conducted in rats 
    fed diets that contained 0, 5, 15, 30, 300 or 900 ppm technical 
    azafenidin. This product was not oncogenic in rats. The systemic NOEL 
    was 300 ppm (12.1 and 16.4 mg/kg/day males and females, respectively). 
    The NOEL was defined by microcytic, hypochromic and hemolytic anemia 
    and mortality at 900 (or 35.2 and 50.2 mg/kg/day for male and female 
    rats, respectively).
        Technical azafenidin was administered for 1-year to dogs at dietary 
    concentrations of 0, 5, 10, 120 and 360 ppm. The NOEL was 10 ppm (0.30 
    mg/kg/day for males and females). This was based on observations of 
    altered hepatocyte morphology, hydropic degeneration and elevated 
    alanine aminotransferase and alkaline phosphatase at 30 ppm (0.86 and 
    0.87 mg/kg/day for male and female dogs, respectively) and above.
        6. Animal metabolism. The metabolism of azafenidin in animals (rat 
    and goat) is adequately understood and is similar among the species 
    evaluated. Azafenidin was readily absorbed following oral 
    administration, extensively metabolized and rapidly eliminated in the 
    urine and feces. The terminal elimination half-life in plasma was 40 
    hours in rats. Less than 1% of the administered dose was present in rat 
    tissues at 120 hours. There were no volatile metabolites of azafenidin. 
    The major metabolic pathways in the rat and goat consisted of rapid O-
    dealkylation and production of hydroxyl derivatives, subsequent 
    formation of glucuronide and sulfate conjugates and elimination of 
    these conjugates in feces and urine. There was no evidence of 
    accumulation of azafenidin or its metabolites in the tissues of either 
    species or in the goat's milk.
        7. Metabolite toxicology. There is no evidence that the metabolites 
    of azafenidin identified in animal or plant metabolism studies are of 
    any toxicological significance. The existing metabolism studies 
    indicate that the metabolites formed are unlikely to accumulate in 
    humans or in animals that may be exposed to these residues in the diet. 
    The fact that no quantifiable residues were found in edible portions of 
    treated crops further indicates that exposures to and accumulation of 
    metabolites are unlikely.
    
    C. Aggregate Exposure
    
        1. Food--i.  Acute dietary exposure. Since there were no acute 
    affects appropriate for assessment of the general population, the NOEL 
    of 16 mg/
    
    [[Page 63950]]
    
    kg/day from the rat developmental toxicity study was used to assess 
    acute dietary risk for females 13-years of age and older. Exposures 
    were estimated using the DEEM computer software (version 5.03b, Novigen 
    Sciences, Inc, 1997). The proposed azafenidin tolerances for the raw 
    agricultural commodities and processed fractions that were used in the 
    calculations included: grapes, 0.02 ppm; citrus, 0.1 ppm; and sugarcane 
    - 0.02 ppm for cane sugar and 0.1 ppm for molasses. The following 
    exposures indicate margins of exposure > 11,000 at the 95th percentile 
    and provides a reasonable certainty that no harm to the individual or 
    the developing child will occur under these conservative exposure 
    assumptions (i.e., all labeled crops are treated, residues are present 
    at the proposed tolerances and there is no reduction of residues prior 
    to consumption of these food commodities).
    
    ------------------------------------------------------------------------
                                        Exposure - 95th                     
             Subpopulations           Percentile (mg/kg/         MOEa       
                                             day)                           
    ------------------------------------------------------------------------
    13+/Pregnant; Not Nursing.......  0.000868            86,800            
    13+/Nursing.....................  0.001384            11,561            
    13 - 19/ Not Pregnant; Not        0.001119            14,561            
     Nursing.                                                               
    20+/Not Pregnant; Not Nursing...  0.000832            0.19,231          
    13 - 50 Years...................  0.000938            17,056            
    ------------------------------------------------------------------------
    a MOE - Margin of Exposure = NOEL from rat developmental study (16 mg/kg/
      day) divided by the 95th percentile exposure.                         
    
        ii.Chronic dietary exposure. A Reference Dose (RfD) of 0.003 mg/kg/
    day has been proposed based on the NOEL from the most sensitive chronic 
    study (NOEL of 0.3 mg/kg/day from the 1-year dog study) and applying a 
    100-fold uncertainty factor. General and subpopulation exposures were 
    estimated using the DEEM computer software (version 5.03b, Novigen 
    Sciences, Inc, 1997). The following proposed azafenidin tolerances for 
    the raw agricultural commodities and processed fractions were used in 
    the calculations: grapes, 0.02 ppm; citrus, 0.1 ppm; and sugarcane - 
    0.02 ppm for cane sugar and 0.1 ppm for molasses. Exposure assessments 
    assumed 100% of the crops were treated with azafenidin, that residues 
    were present at the tolerance level and that no residues were removed 
    prior to consumption of treated crops. These assessments indicated 
    adequate margins of exposure for all subpopulations and that only 21% 
    or less of the RfD was utilized by any group. For example, the TMRCs 
    were 0.000237 mg/kg/day (7.9% RfD) for the general population and 
    0.000619 mg/kg/day (20.6% RfD) for the subpopulation with the highest 
    potential exposure, children ages 1 through 6 years.
        2. Drinking water. Other potential dietary sources of exposure of 
    the general population to pesticides are residues in drinking water. 
    There is no Maximum Contaminant Level established for residues of 
    azafendidin. The petitioner is reporting to the Environmental Fate and 
    Groundwater Branch of EPA (EFGWB) the interim results of a prospective 
    groundwater monitoring study conducted at a highly vulnerable site. 
    Based on the preliminary results of this study the petitioner does not 
    anticipate residues of azafenidin in drinking water and exposure from 
    this route is unlikely. However, given that less than 21% of the RfD is 
    attained by the TMRC for the population subgroup with the highest 
    theoretical dietary exposure (children 1-6 years of age), there is 
    ample allowance for safe exposure to azafenidin via drinking water 
    should it ever be detected.
        3. Non-dietary exposure. Azafenidin is proposed for use in weed 
    control in selective non-food crop situations including certain 
    temperate woody crops, and in non-crop situations including industrial 
    sites and unimproved turf areas. Azafenidin is not be used in on 
    residential temperate woody plantings, or on lawns, walkways, 
    driveways, tennis courts, golf courses, athletic fields, commercial sod 
    operations, or other high maintenance fine turf grass areas, or similar 
    areas. Any non-occupational exposure to azafenidin is likely to be 
    negligible.
    
    C. Cumulative Effects
    
        The herbicidal activity of azafenidin is due to its inhibition of 
    an enzyme involved with synthesis of the porphyrin precursors of 
    chlorophyll, protoporphyrinogen oxidase. Mammals utilize this enzyme in 
    the synthesis of heme. Although there are other herbicides that also 
    inhibit this enzyme, there is no reliable information that would 
    indicate or suggest that azafenidin has any toxic effects on mammals 
    that would be cumulative with those of any other chemicals. In addition 
    there is no valid methodology for combining the risks of adverse 
    effects of overexposures to these compounds.
    
    D. Safety Determination
    
        1. U.S. population. Based on the completeness and reliability of 
    this azafenidin toxicology database and using the conservative 
    aggregate exposure assumptions presented earlier, it has been concluded 
    that azafenidin products may be used with a reasonable certainty of no 
    harm relative to exposures from food and drinking water. A chronic RfD 
    of 0.003 mg/kg/day has been proposed from the NOEL of the most 
    sensitive chronic dietary study and the use of a 100-fold uncertainty 
    factor. The TMRC determined for proposed tolerances in citrus, grapes 
    and sugar cane utilized only 7.9% of the RfD (an exposure of 0.000237 
    mg/kg/day). Although there was no data to accurately assess potential 
    exposures through drinking water, the small fraction of the RfD 
    utilized for food by the general and subpopulations indicate that is 
    unlikely that aggregate exposures will exceed acceptable limits. In 
    addition, the use patterns and physical chemical properties of 
    azafenidin suggest that the potential for significant concentrations in 
    drinking water are remote. It has been concluded that the aggregate 
    exposure for the proposed tolerances on citrus, grapes and sugar cane 
    provide a reasonable certainty of no harm to the general population. 
    Because of effects observed in the rat developmental toxicology study, 
    an acute safety determination based on margins of exposure was 
    calculated from the NOEL of 16 mg/kg/day. The subpopulation potentially 
    at risk was considered to be females 13-years of age and older. 
    However, based on the MOEs presented previously of >11,000 at the 95th 
    exposure percentile, it was concluded that these potential dietary 
    exposures represented a reasonable certainty of no harm for this group. 
    An MOE of 100 or greater is generally considered protective.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of azafenidin, data 
    from the previously discussed developmental and multigeneration 
    reproductive toxicity studies were considered. Developmental studies 
    are designed to evaluate adverse effects on the developing organism 
    resulting from pesticide exposure during pre-natal development. 
    Reproduction studies provide information relating to reproductive and 
    other effects on adults and offspring from pre-natal and post-natal 
    exposures to the pesticide. The rat reproduction and developmental 
    studies indicated developmental effects in this species at exposures 
    that produced minimal maternal effects. A clear dose-response and 
    developmental NOEL has been defined for these effects. FFDCA section
    
    [[Page 63951]]
    
    408 provides that EPA may apply an additional uncertainty factor for 
    infants and children in the case of threshold effects to account for 
    pre- and post-natal toxicity and the completeness of the database. The 
    additional uncertainty factor may increase the MOE from the usual 100- 
    up to 1,000-fold. Based on current toxicological data requirements, the 
    database for azafenidin relative to pre- and post-natal effects for 
    children is complete. In addition, the NOEL of 0.3 mg/kg/day in the 1-
    year dog study and upon which the RfD is based is much lower than the 
    NOELs defined in the reproduction and developmental toxicology studies. 
    Conservative assumptions utilized to estimate aggregate dietary 
    exposures of infants and children to azafenidin (0.000619 mg/kg/day) 
    demonstrated that only 20.6% of the RfD was utilized for the proposed 
    tolerances. Based on these exposure estimates and the fact that MOEs in 
    excess of 1,000-fold exist relative to the NOELs in the rat 
    reproduction study (NOEL = 1.7 mg/kg/day and MOE = 2,746) and the rat 
    developmental toxicity study (NOEL = 16 mg/kg/day and MOE = 25,848), 
    the extra 10-fold uncertainty factor is not warranted for these groups. 
    Therefore, it may be concluded that there is reasonable certainty that 
    no harm will result to infants and children from aggregate exposures to 
    azafenidin].
    
    E. International Tolerances
    
        There are no established Canadian, Mexican or Codex MRLs for 
    azafenidin. Compatibility is not a problem.
    [FR Doc. 97-31542 Filed 12-2-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
12/03/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-31542
Dates:
Comments, identified by the docket control number PF-780, must be received on or before January 2, 1998.
Pages:
63942-63951 (10 pages)
Docket Numbers:
PF-780, FRL-5756-1
PDF File:
97-31542.pdf