98-4187. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 63, Number 34 (Friday, February 20, 1998)]
    [Notices]
    [Pages 8635-8644]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-4187]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-791; FRL-5768-9]
    
    
    Notice of Filing of Pesticide Petitions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: This notice announces the initial filing of pesticide 
    petitions proposing the establishment of regulations for residues of 
    certain pesticide chemicals in or on various agricultural commodities.
    
    DATES: Comments, identified by the docket control number PF-791, must 
    be received on or before March 23, 1998.
    
    ADDRESSES: By mail submit written comments to: Information and Records 
    Integrity Branch, Public Information and Services Divison (7502C), 
    Office of Pesticides Programs, Environmental Protection Agency, 401 M 
    St., SW., Washington, DC 20460. In person bring comments to: Rm. 119, 
    CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically by following 
    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. 119 at the 
    address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: By mail: James A. Tompkins, Product 
    Manager (PM) 25, Registration Division, (7505C), Office of Pesticide 
    Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
    DC 20460. Office location and telephone number: Rm. 239, 1921 Jefferson 
    Davis Hwy., Arlington, VA., (703) 305-5697; e-mail: 
    Tompkins.jim@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various raw 
    agricultural 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 grantinig of the petition. Additional data may be needed 
    before EPA rules on the petition.
        The official record for this notice, as well as the public version, 
    has been established for this notice of filing under docket control 
    number PF-791 (including comments and data submitted electronically as 
    described below). A public version of this record, including printed, 
    paper versions of electronic comments, which does not include any 
    information claimed as CBI, is available for inspection from 8:30 a.m. 
    to 4 p.m., Monday through Friday, excluding legal holidays. The 
    official record is located at the address in ``ADDRESSES'' at the 
    beginning of this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1/6.1 file format or 
    ASCII file format. All comments and data in electronic form must be 
    identified by the docket control number (insert docket number) and 
    appropriate petition number. Electronic comments on this notice may be 
    filed online at many Federal Depository Libraries.
        Authority: 21 U.S.C. 346a.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Food additives, 
    Feed additives, Pesticides and
    
    [[Page 8636]]
    
    pests, Reporting and recordkeeping requirements.
    
        Dated: February 12, 1998.
    
    Donald R. Stubbs,
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    Summaries of Petitions
    
        Below summaries of the pesticide petitions are printed. The 
    summaries of the petitions were prepared by the petitioners. 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. DowElanco
    
    PP 1F3935
    
        EPA has received a pesticide petition (PP 1F3935) from DowElanco, 
    9330 Zionsville Road, Indianapolis, IN 46268-1054 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 triclopyr, (3,5,6-trichloro-2-pyridinyl)oxyacetic acid and 
    its metabolites 3,5,6-trichloro-2-pyridinol (TCP) and 2-methoxy-3,5,6-
    trichloropyridine (TMP) in or on the raw agricultural commodity fish at 
    3.0 parts per million (ppm), and shellfish at 5.0 ppm. EPA has 
    determined that the petition contains data or information regarding the 
    elements set forth in section 408(d)(2) of the FFDCA; however, EPA has 
    not fully evaluated the sufficiency of the submitted data at this time 
    or whether the data supports granting of the petition. Additional data 
    may be needed before EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Analytical method. Adequate methodology is available for the 
    enforcement of tolerances for triclopyr residues of concern. Gas 
    chromatography methods are available for the determination of triclopyr 
    residues of concern. Residues of triclopyr, 3,5,6-trichloro-2-
    pyridinol, and 2-methoxy-3,5,6-trichloropyridine can be separately 
    determined. The limits of quantitation are 0.01 - 0.05 ppm in fish and 
    shellfish, depending on the compound being analyzed. The water method 
    has a limit of quantitation of 0.1 parts per billion (ppb).
        2. Magnitude of residues. In field studies, triclopyr and its 
    metabolites in water have half-lives of 0.5 - 15 days. Triclopyr 
    residues in lake water treated at the maximum label rate were below 0.5 
    ppm within 3 - 14 days. In pond water where whole ponds were treated at 
    the maximum label rate, residues were below 0.5 ppm by 28 days after 
    treatment. After 42 days in both lakes and ponds, residues were non-
    detectable (<0.010 ppm)="" to="" 0.013="" ppm.="" residues="" of="" triclopyr="" and="" its="" metabolites="" 3,5,6-trichloro-2-="" pyridinol="" and="" 2-methoxy-3,5,6-trichloropyridine="" reach="" a="" maximum="" concentration="" in="" fish="" at="" 3-14="" days="" after="" treatment="" of="" water,="" and="" total="" residues="" of="" triclopyr="" and="" its="" metabolites="" were="" detectable="" in="" the="" edible="" flesh="" at="" a="" maximum="" level="" of="" 3.0="" ppm="" in="" fish="" and="" 5.0="" ppm="" in="" shellfish.="" residues="" in="" fish="" and="" shellfish="" decline="" as="" residues="" in="" water="" dissipate.="" b.="" toxicological="" profile="" 1.="" acute="" toxicity.="" the="" developmental="" no-effect="" level="" (noel)="" of="" 30="" milligrams/kilograms/day="" (mg/kg/day)="" from="" a="" rabbit="" developmental="" study="" was="" recommended="" for="" the="" acute="" dietary="" risk="" assessment.="" at="" the="" lowest="" effect="" level="" (lel)="" of="" 100="" mg/kg/day,="" there="" were="" embryotoxic="" and="" fetotoxic="" effects="" associated="" with="" significant="" maternal="" toxicity,="" including="" death.="" acute="" exposure="" assessment="" will="" evaluate="" risk="" to="" pregnant="" females="" age="" 13="" and="" older.="" 2.="" short-="" and="" intermediate-term="" toxicity.="" based="" on="" the="" available="" data,="" short-="" and="" intermediate-term="" dermal="" and="" inhalation="" risk="" assessments="" are="" not="" required.="" a="" systemic="" noel="" of="" 1,000="" mg/kg/day,="" the="" highest="" dose="" tested="" (hdt),="" was="" determined="" in="" a="" 21-day="" dermal="" toxicity="" study="" in="" rabbits.="" the="">50 from the acute inhalation study 
    in rats was determined to be > 2.6 mg/L (Toxicity Category III).
        3. Chronic toxicity. The Reference Dose (RfD) for triclopyr is 0.05 
    mg/kg/day. This RfD is based on a 2-generation reproductive toxicity 
    study in rats with a NOEL of 5.0 mg/kg/day using an uncertainty factor 
    of 100. At the next higher dose level of 25 mg/kg/day, an increased 
    incidence of slight degeneration of the proximal tubules of the kidneys 
    was observed in some P1 and P2 parents of both sexes. Chronic exposure 
    assessment will evaluate risk using this RfD.
        4. Carcinogenicity. Environmental Protection Agency's Cancer Peer 
    Review Committee (CPRC) concluded that triclopyr should be classified 
    as a ``Group D chemical'' - not classifiable as to human 
    carcinogenicity. A cancer risk assessment is not required.
        5. Animal metabolism. Disposition and metabolism of 14C-
    triclopyr in rats demonstrated that triclopyr was well absorbed after 
    oral administration. Excretion was relatively rapid with a majority of 
    radioactivity eliminated in the urine by 24 hours. At the high dose of 
    60 mg/kg, urinary elimination of 14C-triclopyr was decreased 
    due to apparent saturation of renal elimination mechanisms. Fecal 
    elimination of 14C-triclopyr was a minor route of excretion, 
    as was elimination via exhaled air. Unmetabolized parent chemical 
    represented >90% of urinary radioactivity, with the remainder accounted 
    for by the metabolite 3,5,6-trichloro-2-pyridinol (3,5,6-TCP), and 
    possible glucuranide and/or sulfate conjugates of 3,5,6-TCP. Plasma 
    elimination following intravenous administration of 14C-
    triclopyr was consistent with a one-compartment model with an 
    elimination half-life of 3.6 hr and zero-order kinetics from 0-12 hours 
    at the 60 mg/kg dose.
        6. Bioequivalency. Toxicology studies conducted with triclopyr have 
    been performed using both the free acid or the triethylamine salt from 
    of triclopyr. Bioequivalency of the two chemical forms of triclopyr has 
    been addressed through the conduct of special studies with the 
    triethylamine from of triclopyr. These studies, which included data on 
    comparative disposition, plasma half-life, tissue distribution, 
    hydrolytic cleavage under physiological and environmental conditions 
    for triclopyr triethylamine salt were found to adequately address the 
    issue of Bioequivalency. In addition, subchronic toxicity studies 
    supported the pharmacokinetics data in demonstrating bioequivalence. 
    Therefore, studies conducted with any one from of triclopyr can be used 
    to support the toxicology database as a whole.
        7. Endocrine effects. An evaluation of the potential effects on the 
    endocrine systems of mammals has not been determined; However, no 
    evidence of such effects were reported in the chronic or reproductive 
    toxicology studies described above. There was no observed pathology of 
    the endocrine organs in these studies. There is no evidence at this 
    time that triclopyr causes endocrine effects.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. The RfD for triclopyr is based upon the 2-
    generation reproduction toxicity study in rats with a NOEL of 5.0 mg/
    kg/day, the lowest dose tested. An uncertainty factor of 10 for 
    interspecies differences in response and an uncertainty factor of 10 
    for intraspecies differences in response was applied. Thus, the RfD for 
    triclopyr was established at 0.05 mg/kg/day by the RfD Peer Review 
    Committee on September 4, 1996.
        A chronic dietary exposure analysis was performed using tolerance 
    level
    
    [[Page 8637]]
    
    residues and 100 percent crop treated information to estimate the 
    Theoretical Maximum Residue Contribution (TMRC) for the general 
    population and 22 subgroups. Existing tolerances, including the 
    proposed tolerances for fish and shellfish, result in a TMRC that 
    represents 1.25% of the RfD for the U.S. general population. The 
    highest subgroup, Non-Nursing Infants (<1 year="" old)="" occupies="" 2.65%="" of="" the="" rfd.="" the="" chronic="" analysis="" for="" triclopyr="" is="" a="" worse="" case="" estimate="" of="" dietary="" exposure="" with="" all="" residues="" at="" tolerance="" level="" and="" 100="" percent="" of="" the="" commodities="" assumed="" to="" be="" treated="" with="" triclopyr.="" based="" on="" the="" risk="" estimates="" calculated="" in="" this="" analysis,="" the="" chronic="" dietary="" risk="" from="" the="" uses="" currently="" registered="" is="" not="" of="" concern.="" since="" the="" toxicological="" endpoint="" to="" which="" exposure="" is="" being="" compared="" in="" the="" acute="" dietary="" risk="" analysis="" is="" a="" developmental="" noel="" (30="" mg/kg/day),="" females="" (13+="" years)="" are="" the="" sub="" population="" of="" particular="" interest.="" the="" margin="" of="" exposure="" (moe)="" is="" a="" measure="" of="" how="" close="" the="" high="" end="" exposure="" comes="" to="" the="" noel="" (the="" highest="" dose="" at="" which="" no="" effects="" were="" observed="" in="" the="" laboratory="" test),="" and="" is="" calculated="" as="" the="" ratio="" of="" the="" noel="" to="" the="" exposure="" (noel/exposure="MOE.)" generally,="" acute="" dietary="" margins="" of="" exposure="" greater="" than="" 100="" tend="" to="" cause="" no="" dietary="" concern.="" the="" high="" end="" moe="" value="" of="" 1,639="" is="" above="" the="" acceptable="" level="" and="" demonstrates="" no="" acute="" dietary="" concern.="" an="" acute="" dietary="" exposure="" analysis="" was="" performed="" using="" tolerance="" level="" residues="" and="" 100="" percent="" crop="" treated="" to="" estimate="" the="" high="" end="" exposure="" for="" the="" general="" population="" and="" females="" (13+,="" pregnant,="" non-="" nursing).="" the="" high="" end="" exposure="" was="" assumed="" to="" be="" the="" upper="" 0.5%="" of="" consumers,="" that="" is,="" the="" 99.5="" percentile.="" the="" resulting="" exposure="" estimates="" and="" margins="" of="" exposure="" are="" as="" follows:="" ------------------------------------------------------------------------="" exposure="" (mg/kg="" bw/="" population="" subgroup="" day)="" moe="" ------------------------------------------------------------------------="" u.s.="" population="" 0.01359="" 2208="" females="" 0.01831="" 1639="" ------------------------------------------------------------------------="" these="" high="" end="" moe="" values="" are="" above="" the="" acceptable="" level="" and="" demonstrate="" no="" acute="" dietary="" concerns.="" 2.="" drinking="" water.="" the="" use="" of="" triclopyr="" as="" described="" on="" the="" label="" allows="" only="" slight="" additional="" exposure="" of="" triclopyr="" to="" humans.="" the="" proposed="" labeling="" requires="" that="" the="" product="" not="" be="" applied="" within="" one-="" quarter="" mile="" of="" a="" potable="" water="" intake="" and="" that="" treated="" water="" not="" be="" used="" for="" domestic="" purposes="" until="" the="" residue="" level="" is="" demonstrated="" to="" be="" at="" or="" below="" 0.5="" ppm="" as="" determined="" by="" laboratory="" analysis="" or="" immunoassay.="" the="" basis="" for="" these="" restrictions="" is="" a="" series="" of="" aquatic="" dissipation="" studies="" conducted="" in="" lakes="" and="" ponds.="" in="" these="" studies,="" triclopyr="" was="" applied="" to="" lakes="" and="" ponds="" at="" the="" maximum="" concentration="" of="" 2.5="" ppm="" triclopyr="" in="" water.="" triclopyr="" residues="" in="" the="" lakes="" at="" one-="" quarter="" mile="" from="" the="" treatment="" areas="" were="" well="" below="" 0.1="" ppm="" throughout="" the="" study,="" with="" a="" maximum="" reported="" value="" of="" 0.058="" ppm.="" within="" the="" treatment="" area,="" triclopyr="" residues="" of="" less="" than="" 0.5="" ppm="" were="" reported="" at="" 3="" -="" 14="" days="" after="" treatment="" in="" the="" lake="" minnetonka="" and="" lake="" seminole="" studies.="" in="" seven="" test="" ponds="" treated="" with="" triclopyr="" at="" a="" water="" concentration="" of="" 2.5="" ppm,="" total="" residues="" of="" triclopyr="" were="" less="" than="" 0.5="" ppm="" by="" 28="" days="" after="" application,="" with="" the="" highest="" residue="" value="" being="" 0.193="" ppm.="" at="" 42="" days="" after="" treatment,="" total="" residues="" in="" both="" treated="" lakes="" and="" ponds="" ranged="" from="" non-detectable="" to="" 0.013="" ppm.="" if="" the="" proposed="" labeling="" is="" followed="" precisely,="" that="" is,="" potable="" water="" is="" not="" collected="" within="" one-quarter="" mile="" of="" a="" treated="" area,="" there="" will="" be="" little="" contribution="" from="" water="" to="" the="" ``risk="" cup''="" for="" triclopyr.="" if="" drinking="" water="" is="" collected="" from="" the="" treatment="" area="" when="" water="" analysis="" indicates="" triclopyr="" residues="" are="" 0.5="" ppm="" or="" less,="" the="" risk="" is="" still="" acceptable="" on="" an="" acute="" basis.="" on="" a="" chronic="" basis,="" the="" value="" of="" 0.013="" ppm,="" found="" to="" be="" the="" highest="" triclopyr="" residue="" at="" 42="" days="" after="" treatment="" in="" all="" studies,="" uses="" only="" 0.9%="" of="" the="" rfd="" for="" females="" (13+,="" pregnant,="" not="" nursing)="" and="" 2.6%="" of="" the="" rfd="" for="" children="" (1-6="" years).="" for="" a="" worst="" case="" estimate="" of="" potential="" drinking="" water="" exposure,="" the="" water="" residue="" at="" the="" proposed="" allowable="" water="" level="" at="" 0.5="" ppm="" was="" utilized.="" when="" this="" residue="" level="" is="" considered,="" the="" following="" analysis="" indicates="" no="" level="" of="" concern="" for="" acute="" exposure:="" for="" a="" 60="" kg="" pregnant="" female="" consuming="" 2="" liters="" a="" day="" (acute)="" (0.5="" mg/l="" x="" 2="" l/day)="" 60="" kg="0.0167" mg/kg/day="" moe="NOEL" exposure="(30" mg/kg/day)="" (="" 0.0167="" mg/kg/day)="1796" for="" a="" 60="" kg="" pregnant="" female="" consuming="" 2="" liters="" a="" day="" (chronic)="" (0.013="" mg/kg/day="" x="" 2="" l/day)="" 60="" kg="0.00043" mg/kg/day="" %="" rfd="(0.00043" mg/kg/day="" x="" 100)="" (0.05="" mg/kg/day)="0.9" %="" for="" a="" 10="" kg="" child="" consuming="" 1="" liter="" a="" day="" (acute)="" (0.5="" mg/l="" x="" 1="" l/day)="" 10="" kg="0.05" mg/kg/day="" moe="(30" mg/kg/day)="" (0.05="" mg/kg/day)="600" for="" a="" 10="" kg="" child="" consuming="" 1="" liter="" a="" day="" (chronic)="" (0.013="" mg/l="" x="" 1="" l/day)="" 10="" kg="0.0013" mg/kg/day="" %="" rfd="(0.0013" mg/kg/day="" x="" 100)="" (0.05="" mg/kg/day)="2.6" %="" 3.="" non-dietary="" exposure.="" there="" are="" potential="" exposures="" to="" homeowners="" during="" usual="" use-patterns="" associated="" with="" triclopyr.="" these="" involve="" application="" of="" triclopyr-containing="" products="" by="" means="" of="" aerosol="" cans,="" pump="" spray="" bottles,="" squeeze="" bottles,="" ``weed="" sticks,''="" hose-end="" sprayers,="" power="" sprayers,="" paint="" brush,="" rotary="" and="" drop="" spreaders.="" it="" is="" unlikely="" that="" power="" sprayers="" will="" be="" used="" by="" homeowners;="" this="" is="" an="" application="" method="" requiring="" special="" applicator="" equipment="" more="" apt="" to="" be="" used="" by="" agricultural="" or="" commercial="" applicator.="" homeowner="" exposure="" will="" not="" be="" significant="" for="" the="" following="" reasons:="" the="" percent="" ai="" in="" products="" for="" homeowner="" use="" is="" less="" than="" that="" for="" agricultural="" or="" industrial="" use;="" the="" areas="" treated="" are="" usually="" limited="" in="" size;="" all="" products="" are="" intended="" for="" outdoor="" use="" which="" is="" likely="" to="" reduce="" the="" concentration="" in="" the="" environment="" by="" allowing="" dissipation="" in="" the="" outdoor="" air;="" the="" application="" methods="" recommended="" or="" commonly="" used="" by="" homeowners="" are="" not="" expected="" to="" provide="" significant="" exposure.="" additionally,="" no="" toxicological="" endpoints="" of="" concern="" have="" been="" identified="" by="" epa="" for="" dermal="" exposure="" to="" triclopyr,="" therefore,="" no="" exposure="" assessment="" is="" required="" for="" this="" exposure;="" an="" inhalation="" exposure="" assessment="" is="" also="" not="" required="" and="" no="" chronic="" use="" pattern="" is="" expected="" for="" homeowner="" use="" of="" triclopyr="" products.="" there="" is="" a="" potential="" for="" post-application="" exposure="" to="" swimmers="" following="" applications="" to="" aquatic="" sites="" [[page="" 8638]]="" that="" may="" be="" used="" for="" recreational="" purposes.="" there="" are="" no="" triclopyr-="" specific="" exposure="" data="" to="" assess="" swimmer="" exposure.="" however,="" an="" assessment="" was="" conducted="" using="" information="" provided="" in="" epa's="" dermal="" exposure="" assessment:="" principles="" and="" applications.="" the="" dermal="" permeability="" constant="" (kp)="" was="" calculated="" to="" be="" 6.5="" x="">-8 
    mg/cm2/hr. The assessment of swimmer exposure was based on a 
    six-year old boy having a body weight of 21.9 kg and a surface area of 
    0.88 m2. The swimming period was assumed to be 3 hours on 
    the day of treatment in water containing 2.5 ppm triclopyr.
        Total dermal exposure (mg) = 3 hr/day  x  0.88 m2  x  
    104 cm2/m2  x  6.5  x  10-8 mg/
    cm2/hr = 1.716  x  10-3 mg/day
        Oral absorption could also account for a portion of the exposure. 
    It was assumed that 1% of the water in residence in the mouth while 
    breathing will be swallowed.
        Oral exposure = 3 hr/day  x  0.05 L/hr  x  2.5 mg/L = 0.375 mg/day
        Combining the dermal exposure and oral exposure for a 21.9 kg 
    child, the swimming exposure for one day was estimated to be 0.377 mg/
    day  21.9 kg = 0.017 mg/kg/day. Compared to the acute NOEL of 
    30 mg/kg/day, an MOE of 1,765 was obtained. No dermal or inhalation 
    endpoint has been established for triclopyr, so this represents a very 
    conservative estimate of the risk due to swimming in triclopyr-treated 
    waters.
    
    D. Cumulative Effects
    
        The potential for cumulative effects of triclopyr and other 
    substances that have a common mechanism of toxicity was considered. The 
    mammalian toxicity of triclopyr is well defined. However, the 
    biochemical mechanism of toxicity of this compound is not known. No 
    reliable information exists to indicate that toxic effects produced by 
    triclopyr would be cumulative with those of other similar compounds. 
    Therefore, consideration of a common mechanism of toxicity with other 
    compounds is not appropriate. Thus, only the potential risks of 
    triclopyr are considered in the aggregate exposure assessment.
    
    E. Safety Determination
    
        1. U.S. population. Because of the toxicological characteristics of 
    triclopyr (no dermal endpoint of concern), post-application exposure 
    assessment was not necessary. Residential exposure is considered to be 
    negligible. Swimming in treated water was shown to be a minimal risk. 
    Therefore, residential and swimming exposure were not considered in the 
    aggregate risk calculation.
        For the population subgroup of concern, pregnant females age 13 and 
    older, an MOE of 857 was estimated for the acute aggregate dietary risk 
    (food + water) from exposures to triclopyr residues.
        MOE = (30 mg/kg/day) / (0.0183 + 0.0167) mg/kg/day = 857
        Using the TMRC exposure assumptions described above, the percentage 
    of the RfD that will be utilized by aggregate exposures (food + water) 
    to residues of triclopyr ranges from 2.1% to 5.3% for the U.S. 
    population. The major identifiable subgroup with the highest aggregate 
    exposure is non-nursing infants <1 year="" old.="" the="" water="" exposure="" value="" used="" the="" highest="" water="" residue="" concentration="" at="" 42="" days="" after="" treatment="" of="" lakes="" and="" ponds="" (the="" longest="" sampling="" time="" interval="" common="" to="" all="" studies),="" 0.013="" ppm,="" in="" the="" calculations="" below:="" total="" u.s.="" population="" (dietary="" +="" drinking="" water)="" (0.00062="" +="" 0.00043)="" mg/kg/day="" x="" 100="" (0.05="" mg/kg/day)="2.1%" rfd="" non-nursing="" infants="" (dietary="" +="" drinking="" water)="" (0.00133="" +="" 0.0013)="" mg/kg/day="" x="" 100="" (0.05="" mg/kg/day)="5.3%" rfd="" determination="" of="" safety="" for="" u.s.="" population="" based="" on="" the="" current="" state="" of="" knowledge="" for="" this="" chemical,="" the="" rfd="" approach="" accurately="" reflects="" the="" exposure="" of="" the="" u.s.="" population,="" infants="" and="" children="" to="" triclopyr.="" 2.="" infants="" and="" children.="" studies="" cited="" earlier="" in="" this="" document="" indicate="" that="" triclopyr="" is="" not="" a="" selective="" developmental="" toxicant,="" and="" an="" additional="" uncertainty="" factor="" for="" infants="" and="" children="" is="" unnecessary.="" this="" decision="" is="" based="" on="" the="" following="" data.="" since="" the="" developmental="" and="" reproductive="" noels="" were="" either="" the="" same="" or="" greater="" than="" the="" maternal="" or="" parental,="" it="" is="" unlikely="" that="" there="" is="" additional="" risk="" concern="" for="" immature="" or="" developing="" organisms="" which="" is="" not="" reflected="" by="" the="" risk="" assessment="" utilizing="" the="" established="" reference="" dose.="" the="" effects="" noted="" for="" the="" rfd="" noel="" are="" parental="" effects,="" not="" developmental.="" f.="" international="" tolerances="" there="" are="" no="" established="" or="" proposed="" codex="" mrls="" for="" triclopyr="" residues.="" therefore,="" there="" are="" no="" issues="" of="" compatibility="" with="" respect="" to="" u.s.="" tolerances="" and="" codex="" mrls.="" 2.="" e.i.="" du="" pont="" de="" nemours="" &="" company="" pp="" 6f4706="" epa="" has="" received="" a="" pesticide="" petition="" (pp="" 6f4706)from="" e.i.="" du="" pont="" de="" nemours="" &="" company,="" barley="" mill="" plaza,="" p.o.="" box="" 80038,="" willimington,="" 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="" rimsulfuron:="" n-((4,6-="" dimethoxypyrimidin-2-yl)="" aminocarbonyl)="" -3-="" (ethylsulfonyl)="" -2-="" pyridinesulfonamide="" in="" or="" on="" the="" raw="" agricultural="" commodity="" tomato="" fruit="" at="" 0.10="" parts="" per="" million.="" 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.="" with="" the="" initial="" establishment="" of="" rimsulfuron="" tolerances="" in="" field="" corn="" and="" potatoes,="" the="" epa="" determined="" that="" the="" nature="" of="" plant="" residues="" was="" adequately="" understood="" for="" the="" purposes="" establishing="" those="" tolerances.="" a="" metabolism="" study="" on="" tomatoes="" was="" conducted="" at="" the="" following="" use="" rates:="" ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------="" ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------="" tomatoes="" grown="" in="" field..........="" 72="" g="" active="" ingredient="" per="" hectare="" (approx.="" 1="" oz.="" ai="" per="" acre,="" maximum="" proposed="" use="" rate).="" tomatoes="" grown="" in="" greenhouse.....="" 172,="" 350,="" and="" ca.="" 700="" g="" ai="" per="" hectare="" (2.5,="" 5,="" and="" 10="" oz.="" ai="" per="" acre="" or="" up="" to="" 10="" times="" the="" proposed="" maximum="" use="" rate).="" ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------="" [[page="" 8639]]="" no="" residues="" of="" rimsulfuron="" or="" any="" metabolite="" were="" detected="" in="" any="" tomato="" fruit,="" immature="" or="" mature.="" detection="" limits="" for="" the="" study="" were="" 0.004="" ppm="" for="" the="" field-grown="" samples="" and="" 0.013="" ppm="" for="" the="" greenhouse-="" grown="" samples.="" this="" study="" conclusively="" shows="" that="" application="" of="" rimsulfuron="" to="" tomatoes,="" when="" used="" in="" accordance="" with="" the="" proposed="" label="" directions,="" will="" not="" result="" in="" detectable="" residue="" of="" rimsulfuron="" or="" its="" metabolites="" in="" tomato="" fruit.="" therefore,="" the="" nature="" of="" rimsulfuron="" residues="" (i.e.,="" their="" absence)="" has="" been="" established="" for="" tomato="" fruit,="" the="" only="" raw="" agricultural="" commodity="" established="" for="" tomatoes.="" 2.="" analytical="" method.="" adequate="" analytical="" methodology,="" high-="" pressure="" liquid="" chromatography="" with="" uv="" detection,="" is="" available="" for="" enforcement="" purposes.="" the="" method="" is="" ``analytical="" method="" for="" the="" quantitiation="" of="" dpx-e9636="" (rimsulfuron)="" in="" various="" crop="" matrices="" and="" their="" processed="" fractions'',="" dupont="" report="" no.="" amr="" 3424-95,="" epa="" mrid="" no.="" 43979002.="" the="" method="" involves="" liquid="" chromatography="" utilizing="" eluent="" and="" column="" switching="" with="" uv/vis="" detection="" at="" 254="" nm.="" the="" limit="" of="" quantitation="" for="" rimsulfuron="" in="" tomatoes="" is="" 0.05="" ppm.="" epa="" offers="" enforcement="" methodology="" to="" anyone="" interested="" in="" pesticide="" enforcement="" when="" requested="" by="" mail="" from:="" calvin="" furlow,="" public="" response="" and="" program="" resources="" branch,="" field="" operations="" division="" (7506c),="" office="" of="" pesticide="" programs,="" environmental="" protection="" agency,="" 401="" m="" st.,="" sw.,="" washington,="" dc="" 20460.="" office="" location="" and="" telephone="" number:="" rm.="" 1130a,="" cm#2,="" 1921="" jefferson="" davis="" hwy.,="" arlington,="" va="" 22202.="" 3.="" magnitude="" of="" residues.="" --i.="" plant="" residues.="" magnitude="" of="" residues="" of="" rimsulfuron="" in="" tomato="" fruit="" were="" determined="" following="" application="" of="" rimsulfuron="" at="" the="" proposed="" maximum="" annual="" use="" rate="" of="" 1.0="" oz="" ai/acre="" (1="" x="" ),="" and="" at="" twice="" that="" rate="" (2="" x="" ).="" an="" additional="" test="" was="" conducted="" at="" an="" exaggerated="" rate="" of="" 5.0="" oz="" ai/acre="" (5="" x="" )="" in="" an="" attempt="" to="" generate="" quantifiable="" residues="" in="" tomato="" fruit="" (rac)="" for="" a="" processing="" study.="" seventeen="" tests,="" each="" containing="" one="" control="" and="" two="" treatment="" plots,="" were="" established="" in="" california,="" florida,="" indiana,="" maryland,="" and="" pennsylvania.="" row-crop="" tomato="" samples="" were="" collected="" approximately="" 45="" days="" following="" the="" final="" application;="" staked="" tomatoes="" were="" collected="" immediately="" following="" the="" final="" application.="" tomato="" samples="" were="" analyzed="" using="" the="" procedures="" described="" in="" dupont="" method="" no.="" amr="" 3424-="" 95,="" analytical="" method="" for="" the="" quantitation="" of="" dpx-e9636="" in="" various="" crop="" matrices="" and="" their="" processed="" fractions.="" the="" overall="" mean="" percent="" recovery="" of="" 52="" control="" tomato="" samples="" fortified="" at="" either="" 0.05="" or="" 0.10="" ppm="" was="" 86%,="" with="" a="" relative="" standard="" deviation="" of="" 4%.="" results="" of="" freezer="" storage="" stability="" study="" indicate="" that="" rimsulfuron="" is="" stable="" up="" to="" 6="" months="" in="" tomatoes="" stored="" at="" -20c="" +/-="" 5c.="" no="" quantifiable="" residues=""><0.05 ppm)="" of="" rimsulfuron="" were="" found="" in="" any="" of="" the="" tomato="" samples="" treated="" at="" 1.0,="" 2.0,="" and="" 5.0="" oz="" ai/acre.="" a="" processing="" study="" was="" not="" necessary="" since="" all="" 1="" x="" and="" 5="" x="" samples="" did="" not="" have="" rimsulfuron="" present="" with="" a="" limit="" of="" quantitation="" of="" 0.05="" ppm.="" data="" generated="" from="" this="" study="" support="" the="" use="" of="" rimsulfuron="" on="" tomatoes="" at="" a="" maximum="" seasonal="" use="" rate="" of="" 1.0="" oz="" ai/acre="" with="" a="" minimum="" preharvest="" interval="" of="" 45="" days.="" study="" results="" also="" support="" the="" petition="" for="" a="" 0.10="" ppm="" tolerance="" of="" rimsulfuron="" on="" tomatoes.="" ii.="" animal="" residues.="" epa="" determined,="" upon="" granting="" field="" corn="" and="" potato="" tolerances,="" that="" there="" is="" no="" reasonable="" expectation="" of="" residues="" occurring="" in="" meat,="" milk,="" poultry,="" or="" eggs="" from="" these="" tolerances.="" tomato="" fruit="" and="" its="" processed="" commodities="" (i.e.,="" tomato="" paste="" and="" puree)="" are="" not="" considered="" by="" the="" epa="" to="" be="" animal="" feed="" items.="" further,="" no="" residues="" would="" be="" available="" to="" enter="" animal="" feed="" based="" on="" results="" from="" the="" tomato="" metabolism="" study="" and="" magnitude="" or="" residue="" study="" discussed="" above.="" therefore,="" there="" remains="" a="" reasonable="" expectation="" that="" no="" residue="" of="" rimsulfuron="" will="" occur="" in="" meat,="" milk,="" poultry,="" or="" eggs="" from="" all="" rimsulfuron="" tolerances,="" current="" (field="" corn="" and="" potatoes)="" and="" proposed="" (tomatoes).="" b.="" toxicological="" profile="" 1.="" acute="" toxicity.="" technical="" rimsulfuron="" has="" been="" placed="" in="" acute="" toxicology="" category="" iii="" based="" on="" overall="" results="" from="" several="" studies.="" this="" compound="" was="" placed="" in="" toxicology="" category="" iii="" for="" acute="" dermal="" toxicity="">50 > 2,000 mg/kg; 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 (no observed 
    irritation; rabbits) results were assigned toxicology category IV. 
    Technical rimsulfuron is not a dermal sensitizer.
        2. Genotoxicty. Technical rimsulfuron 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 two-generation 
    reproduction study was conducted in rats with dietary technical 
    rimsulfuron concentrations of 0, 50, 3,000 or 15,000 ppm. The study was 
    negative for reproductive toxicity and there was no indication that 
    offspring were more susceptible to rimsulfuron administration than 
    parents. The NOEL was 3,000 ppm (or 165 to 264 mg/kg/day for P1 and F1 
    males and females and their offspring). This was based on the following 
    effects at 15,000 ppm (830 to 1,316 mg/kg/day): lower food consumption 
    and/or food efficiency in P1 males and females and F1 females; 
    decreased mean body weights and/or body weight gain by P1 and F1 males 
    and females; lower mean body weights and increased incidence of small 
    body size for F2 pups during lactation.
        A developmental study was conducted in rats administered technical 
    rimsulfuron by gavage at 0, 200, 700, 2,000 or 6,000 mg/kg/day. There 
    were no systemic or developmental effects observed up to and including 
    the highest dose tested. The NOEL was therefore > 6,000 mg/kg/day.
        A developmental study was conducted in rabbits administered 
    technical rimsulfuron by gavage at 0, 25, 170, 500 or 1,500 mg/kg/day. 
    The NOELs for maternal and offspring toxicity were 170 and 500 mg/kg/
    day, respectively. The maternal NOEL was based on reduced body weight 
    and mortality at higher doses. These maternal effects precluded any 
    evaluation of adverse effects in fetuses at 1,500 mg/kg/day; however, 
    there were no systemic or developmental effects observed among fetuses 
    at 500 mg/kg/day and below.
        4. Subchronic toxicity. A 90-day study in mice was conducted at 
    dietary concentrations of 0, 50, 375, 1,500 or 7,500 ppm. The NOELs 
    were 375 ppm (56.0 mg/kg/day) for male mice and 7,500 ppm (1,575 mg/kg/
    day) for female mice. The NOEL for males was based on slight reductions 
    in mean body weight gain and food efficiency at 1,500 ppm (228 mg/kg/
    day).
        Technical rimsulfuron was administered in the diets of rats at 0, 
    50, 1,500, 7,500 or 20,000 ppm for 90 days. The NOEL was 1,500 ppm (102 
    and 120 mg/kg/day for males and females, respectively) based on reduced 
    mean body weights and body weight gains and increased relative liver 
    weights at
    
    [[Page 8640]]
    
    7,500 ppm (495 and 615 mg/kg/day for males and females, respectively).
        Dogs were administered technical rimsulfuron in their diets at 0, 
    250, 5,000 or 20,000 ppm for 90 days. The NOEL was 250 ppm (9.63 and 
    10.6 mg/kg/day for males and females, respectively). This was based on 
    slight increases in liver and/or kidney weights, increased urine volume 
    and decreased urine osmolarity at 5,000 ppm (193 and 189 mg/kg/day for 
    males and females, respectively).
        5. Chronic toxicity. An 18-month mouse study was conducted with 
    dietary concentrations of 0, 25, 250, 2,500 or 7,500 ppm technical 
    rimsulfuron. This product was not oncogenic in mice. The systemic NOEL 
    was 2,500 ppm (351 and 488 mg/kg/day for males and females, 
    respectively) based on decreased mean body weights in both sexes and 
    increased incidence of spontaneous, age-related artery and tunica 
    degeneration in the testes for this mouse strain at the highest dose 
    tested, 7,500 ppm (1,127 and 1,505 mg/kg/day for males and females, 
    respectively). The latter was observed in the absence of any effect on 
    spermatogenesis. An increased incidence of dilation and cysts in the 
    glandular stomach of males was also observed at 7,500 ppm.
        A 2-year chronic toxicity/oncogenicity study was conducted in rats 
    fed diets that contained 0, 25, 300, 3,000 or 10,000 ppm technical 
    rimsulfuron. This product was not oncogenic in rats. The systemic NOELs 
    were 300 ppm (11.8 mg/kg/day) for males and 3,000 ppm (163 mg/kg/day) 
    for females. The NOELs were defined by decreased body weight gain and 
    increased relative liver weights at 3,000 ppm (121 mg/kg/day) and 
    10,000 ppm (569 mg/kg/day) for males and females, respectively.
        Technical rimsulfuron was administered for one year to dogs at 
    dietary concentrations of 0, 50, 2,500 or 10,000 ppm. The NOELs were 50 
    ppm (1.6 mg/kg/day) for males and 2,500 ppm (86.5 mg/kg/day) for 
    females. The NOEL for males was based on the following effects observed 
    at 2,500 ppm (81.8 mg/kg/day): increased absolute liver and kidney 
    weights; and increased incidence of seminiferous tubule degeneration 
    and increased numbers of spermatid giant cells present in the 
    epididymides. The NOEL for females was based on the following effects 
    observed at 10,000 ppm (358.5 mg/kg/day): decreased body weight and 
    body weight gain; increased serum cholesterol levels and alkaline 
    phosphatase activity, increased absolute liver weight and increased 
    relative liver and kidney weights.
        6. Animal metabolism. The metabolism of rimsulfuron in animals 
    (rat, goat and hen) is adequately understood and is similar among the 
    species evaluated. Rimsulfuron was rapidly eliminated via urinary and 
    fecal excretion in the rat. Approximately 60 to 70% of the administered 
    dose to rats was excreted within 24 hours. There were no volatile 
    metabolites detected and unmetabolised rimsulfuron was the major 
    component in the urine (42 - 55%) and feces (5 - 16%). The major 
    metabolic pathway in rats involved a contraction of the sulfonylurea 
    bridge followed by dealkylation, hydroxylation and/or conjugation 
    reactions. Cleavage of the sulfonylurea bridge was observed; however, 
    it was considered to be a minor pathway. Elimination of administered 
    rimsulfuron was similarly rapid for the goat and hen. Tissue residue 
    levels were generally less than 0.3% of the administered dose for the 
    rat, goat and hen. There was no evidence of accumulation of rimsulfuron 
    or its metabolites in tissues of any of the species or in milk and 
    eggs.
        7. Metabolite toxicology. Common metabolic pathways for rimsulfuron 
    were demonstrated in the rat, goat and hen as well as plants (corn, 
    tomatoes and potatoes). When evaluated for acute toxicity and 
    mutagenicity, two of the major metabolites, i.e., one resulting from 
    contraction of the sulfonylurea bridge and one from the cleavage of 
    this bridge, were found to be of low toxicity and were negative in the 
    Ames test. 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 treated crops further indicates 
    that exposures to and accumulation of metabolites are unlikely. Because 
    of the above, toxicology studies on metabolites were not required.
    
    C. Aggregate Exposure
    
        1. Dietary exposure -- Residue of concern. When tolerances were 
    established on field corn and potatoes, EPA determined that the residue 
    of concern was rimsulfuron. The metabolism study conducted on tomatoes 
    (see Plant Metabolism Section) showed no residues of rimsulfuron are 
    present in the tomato fruit. Therefore, the residue of concern 
    continues to be rimsulfuron.
        2. Food. For the general U.S. population, acute dietary exposure 
    assessments were not considered relevant for rimsulfuron for the 
    following reasons: rimsulfuron presents very low acute toxicity based 
    on animal testing; and no detectable residues have been demonstrated in 
    edible portions of treated crops.
        The Agency has conducted chronic dietary exposure assessments for 
    rimsulfuron and the results are summarized below. The Reference Dose 
    (RfD) is based on a NOEL of 1.6 mg/kg/day established in the 1-year 
    feeding study with dogs and combines an uncertainty factor of 100. EPA 
    calculated the RfD to be 0.016 mg/kg/day. The theoretical maximum 
    residue contribution (TMRC) for these tolerances for the overall U.S. 
    population is 1.47  x  10-4 mg/kg/day or 0.92% of the RfD 
    based on current (field corn and potatoes) tolerances and would be 2.21 
     x  10-4, or 1.4% of the RfD when the proposed tolerance on 
    tomatoes is included.
        For infants and children, the TMRC for the most exposed subgroup, 
    children (1 to 6 years old), is 2.37  x  10-4 mg/kg/day, 
    respectively, or 1.95% of the RfD based on current (field corn and 
    potatoes) tolerances and would be 4.37  x  10-4 mg/kg/day, 
    or 2.73% of the RfD, when the proposed tomato tolerance is included. As 
    with calculations for the general US population, these values assume 
    the residues are at the established tolerance level and that 100 
    percent of the crop is treated.
        3. Drinking water. Another potential dietary source of exposure of 
    the general population to residues of pesticides is residues in 
    drinking water. There have been no field studies or monitoring programs 
    conducted to assess rimsulfuron residues in groundwater or drinking 
    water. Several factors indicate very low potential that rimsulfuron 
    will be present in raw or finished drinking water: low use rate (1 oz 
    a.i./acre), rapid hydrolysis (half-life < 7="" days),="" short="" half-lives="" under="" field="" conditions="" (7-18="" days),="" absence="" of="" leaching="" in="" field="" soil="" dissipation="" studies.="" water="" solubility="" for="" rimsulfuron="" is="" as="" follows:="" [[page="" 8641]]="" ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------="" ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------="" unbuffered="" water:...........................="">< 10="" ppm="" buffers:....................................="" ph="" 5="" 135="" ppm="" ..........................................="" ph="" 7="" 7,300="" ppm="" ..........................................="" ph="" 9="" 5,560="" ppm="" (rapidly="" decomposes="" at="" ph="" 9);="">oc is less than 100.
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
        Computer modeling, taking into account use rate, physical 
    properties, and degradation rates, predicts low probability of 
    rimsulfuron being present in ground- or drinking water. Given that only 
    2.73% of the RfD is attained by the TMRC for the population sub-group 
    with the highest theoretical dietary exposure (children 1-6 years old; 
    see above), there is ample allowance for safe exposure to rimsulfuron 
    via drinking water.
        4. Non-dietary exposure. Rimsulfuron is not registered for any use 
    which could result in non-occupational, or non-dietary exposure to the 
    general population.
    
    D. Cumulative Effects
    
        Rimsulfuron belongs to the sulfonylurea class of crop protection 
    chemicals. Other structurally similar compounds in this class are 
    registered herbicides. However, the herbicidal activity of 
    sulfonylureas is due to the inhibition of acetolactate synthase (ALS), 
    an enzyme found only in plants. This enzyme is part of the biosynthesis 
    pathway leading to the formation of branched chain amino acids. Animals 
    lack ALS and this biosynthetic pathway. This lack of ALS contributes to 
    the relatively low toxicity of sulfonylurea herbicides in animals. 
    There is no reliable information that would indicate or suggest that 
    rimsulfuron has any toxic effects on mammals that would be cumulative 
    with those of any other chemical.
    
    E. Safety Determination
    
        1. U.S. population. Based on the completeness and reliability of 
    the toxicology database and using the conservative assumptions 
    presented earlier, EPA has established an RfD of 0.016 mg/kg/day. This 
    was based on the NOEL for the 1-year dog study of 1.6 mg/kg/day and 
    employed a 100-fold uncertainty factor. It has been concluded that the 
    aggregate exposure for existing crops (corn and potatoes) would utilize 
    0.92% of the RfD and that the addition of tomatoes would increase 
    utilization to 1.4% of the RfD. Generally, exposures below 100% of the 
    RfD are of no concern because it represents the level at or below which 
    daily aggregate dietary exposure over a lifetime will not pose 
    appreciable risk to human health. Thus, there is reasonable certainty 
    that no harm will result from aggregate exposures to rimsulfuron 
    residues.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of rimsulfuron, 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 studies with rimsulfuron 
    demonstrated no evidence of developmental toxicity at exposures below 
    those causing maternal toxicity. This indicates that developing animals 
    are not more sensitive to the effects of rimsulfuron administration 
    than adults.
        FFDCA section 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. Based on current toxicological data 
    requirements, the database for rimsulfuron relative to pre- and post-
    natal effects for children is complete. In addition, the NOEL of 1.6 
    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 rimsulfuron 
    demonstrated that only 1.95% of the RfD was utilized for current 
    tolerances (corn and potatoes) and the addition of tomatoes would only 
    increase utilization to 2.73% of the RfD for the highest exposed group. 
    Based on these exposure estimates and the fact that the current 
    database demonstrates that the developing offspring or young animals 
    are not uniquely susceptible to rimsulfuron administration, 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 
    rimsulfuron.
    
    F. International Tolerances
    
        The following international tolerances (or Maximum Residue Levels, 
    MRL's) exist:
    
    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                 Country                 Tolerance in ppm                             Crop                          
    ----------------------------------------------------------------------------------------------------------------
    Australia                          0.05                                                                 Tomatoes
    Austria                            0.1                                                              Corn, Potato
    Belgium                            0.05                                                                     Corn
    Bulgaria                           0.5                                                               Corn-Fodder
    Canada                             0.1                                                              Corn, Potato
    Croatia                            0.1                                                                    Fodder
    Czech. Rep.                        0.05                                                      Corn, Grain, Potato
    Germany                            0.05                                                             Corn, Potato
    Hungary                            0.2                                                                      Corn
    Italy                              0.10                                                   Corn, Potato, Tomatoes
    Romania                            0.05                                                             Corn, Potato
    
    [[Page 8642]]
    
                                                                                                                    
    Slovakia                           0.05                                                              Corn, Grain
    Spain                              0.05                                                           Corn, Tomatoes
    United States                      0.1                                                              Corn, Potato
    ----------------------------------------------------------------------------------------------------------------
    
    
    3. Monsanto Company
    
    PP 2E4118 and 7F4886
    
        EPA has received a pesticide petitions (PP 2E4118 and 7F4886) from 
    Monsanto Company, 700 14th St.,NW., Suite 1100, Washington, D.C. 20005, 
    proposing pursuant to section 408(d) of the Federal Food, Drug and 
    Cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR part 180 to establish 
    an exemption from the requirement of a tolerance for glyphosate [(N-
    phosphonomethyl) glycine] in or on the imported raw agricultural 
    commodities barley grain at 20 parts per million (ppm); barley, bran 
    and pearled barley at 60 ppm; cereal grains group (except wheat, corn, 
    oats, grain sorghum, and barley at 0.1 ppm; canola, seed at 10 ppm; 
    canola, meal at 25 ppm; legume vegetables (succulent or dried) group 
    (except soybeans) at 5 ppm. (PP 2E4118) and in or on the raw 
    agricultural commodities beets, sugar, tops (leaves) at 10 ppm; beets, 
    sugar, root at 10 ppm; and beets, sugar, pulp, dried at 25 ppm (PP 
    7F4886). 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 nature of the residue in plants is 
    adequately understood and consists of the parent, glyphosate and its 
    metabolite AMPA (aminomethyl-phosphonic acid). Only glyphosate parent 
    is to be regulated in plant and animal commodities since the metabolite 
    AMPA is not of toxicological concern in food.
        2. Analytical method. Adequate methodology High Pressure Liquid 
    Chromatograpy (HPLC) with fluorometric detection is available for 
    enforcement purposes, and the methodology has been published in the 
    Pesticide Analytical Manual (PAM), Vol. II. This method has a limit of 
    detection (0.05 ppm) that allows monitoring of food with residues at or 
    above the levels set in these tolerances.
        3. Magnitude of residues. The submitted residue data adequately 
    support the proposed tolerances on Barley, grain (20 ppm); Barley, bran 
    and pearled barley (60 ppm); Canola, seed (10 ppm); Canola, meal (25 
    ppm); and Legume vegetables (succulent or dried) group (except 
    soybeans) (5 ppm), Sugar beet roots at 10 ppm, Sugar beet tops at 10 
    ppm and Sugar beet dried pulp at 25 ppm. Any secondary residues 
    occurring in liver or kidney of cattle, goats, horses, and sheep and 
    liver and kidney of poultry will be covered by existing tolerances.
    
    B. Toxicological Profile
    
        1. Acute toxicity. A rat acute oral study with a combined 
    LD50 of > 5000 mg/kg.
        A rabbit acute dermal LD50 of > 5000 mg/kg.
        A primary eye irritation study in the rabbit which showed severe 
    irritation for glyphosate acid. However, glyphosate is normally 
    formulated as one of several salts and eye irritation studies on the 
    salts showed essentially no irritation.
        A primary dermal irritation study which showed essentially no 
    irritation.
        A primary dermal sensitization study which showed no sensitization.
        2. Genotoxicty. A number of mutagenicity studies were conducted and 
    were all negative. These studies included: chromosomal aberration in 
    vitro (no aberrations in Chinese hamster ovary cells were caused with 
    or without S9 activation); DNA repair in rat hepatocyte; in vivo bone 
    marrow cytogenic test in rats; rec-assay with B. subtilis; reverse 
    mutation test with S. typhimurium; Ames test with S. typhimurium; and 
    dominant-lethal mutagenicity test in mice.
        3. Reproductive and developmental toxicity. An oral developmental 
    toxicity study with rats given doses of 0, 300, 1,000 and 3,500 mg/kg/
    day with a maternal no observable effect level (NOEL) of 1,000 mg/kg/
    day based on clinical signs of toxicity, body weight effects and 
    mortality, and a fetal NOEL of 1,000 mg/kg/day based on reduced body 
    weights and delayed sternebrae maturation at the highest dose tested of 
    3,500 mg/kg/day.
        An oral developmental toxicity study with rabbits given doses of 0, 
    75, 175 and 350 mg/kg/day with a maternal of NOEL of 175 mg/kg/day 
    based on clinical signs of toxicity and mortality, and a fetal NOEL of 
    350 mg/kg/day based on no developmental toxicity at any dose tested.
        A 3-generation reproduction study with rats fed dosage levels of 0, 
    3, 10 and 30 mg/kg/day with a NOEL for systemic and reproductive/
    developmental parameters of 30 mg/kg/day based on no adverse effects 
    noted at any dose level.
        A 2-generation reproduction study with rats fed dosage levels of 0, 
    100, 500 and 1,500 mg/kg/day with a NOEL for systemic and developmental 
    parameters of 500 mg/kg/day based on body weight effects, clinical 
    signs of toxicity in adult animals and decreased pup bodyweights, and a 
    reproductive NOEL of 1,500 mg/kg/day.
        4. Subchronic toxicity. A 90-day feeding study in rats fed dosage 
    levels of 0, 1,000, 5,000 and 20,000 ppm with a NOEL of 20,000 ppm 
    based on no effects even at the highest dose tested.
        A 90-day feeding study in mice fed dosage levels of 0, 5,000, 
    10,000 and 50,000 with a NOEL of 10,000 ppm based on body weight 
    effects at the high dose.
        A 90-day feeding study in dogs given glyphosate, via capsule, at 
    doses of 0, 200, 600 and 2,000 mg/kg/day with a NOEL of 2,000 mg/kg/day 
    based on no effects even at the highest dose tested.
        5. Chronic toxicity. A 12-month oral study in dogs given 
    glyphosate, via capsule, at doses of 0, 20, 100 and 500 mg/kg/day with 
    a NOEL of 500 mg/kg/day based on no adverse effects at any dose level.
        A 26-month chronic/feeding oncogenicity study with rats fed dosage 
    levels of 0, 3, 10 and 31 mg/kg/day (males) and 0, 3, 11 and 34 mg/kg/
    day (females) with a systemic NOEL of 31 mg/kg/day (males) and 34 mg/
    kg/day (females) based on no carcinogenic or other adverse effects at 
    any dose level.
        A 24-month chronic/feeding oncogenicity study with rats fed dosage 
    levels of 0, 89, 362 and 940 mg/kg/day (males) and 0, 113, 457 and 
    1,183 mg/kg/day (females) with a systemic NOEL of 362 mg/kg/day based 
    on body weight
    
    [[Page 8643]]
    
    effects in the female and eye effects in males. There was no 
    carcinogenic response at any dose level.
        6. Carcinogenicity. A mouse oncogenicity study with mice fed dosage 
    levels of 0, 150, 750 and 4,500 mg/kg/day with a NOEL of 750 mg/kg/day 
    based on body weight effects and microscopic liver changes at the high 
    dose. There was no carcinogenic effect at the highest dose tested of 
    4,500 mg/kg/day.
        Glyphosate is classified as a Group E (evidence of non-
    carcinogenicity for humans), based upon lack of convincing 
    carcinogenicity evidence in adequate studies in two animal species. 
    This classification is based on the following findings: (1) There were 
    no tumor findings in the chronic testing that were determined to be 
    compound related; (2) glyphosate was tested up to the limit dose on the 
    rat and up to levels higher than the limit dose in mice; and (3) there 
    is no evidence of genotoxicity for glyphosate.
        7. Animal metabolism. The nature of the residue in animals is 
    adequately understood and consists of the parent, glyphosate and its 
    metabolite AMPA (aminomethyl-phosphonic acid).
        8. Metabolite toxicology. Only glyphosate parent is to be regulated 
    in plant and animal commodities since the metabolite AMPA is not of 
    toxicological concern in food.
        9. Endocrine disruption. The toxicity studies required by EPA for 
    the registration of pesticides measure numerous endpoints with 
    sufficient sensitivity to detect potential endocrine-modulating 
    activity. No effects have been identified in subchronic, chronic or 
    developmental toxicity studies to indicate any endocrine-modulating 
    activity by glyphosate. In addition, negative results were obtained 
    when glyphosate was tested in a dominant-lethal mutation assay. While 
    this assay was designed as a genetic toxicity test, agents that can 
    affect male reproduction function will also cause effects in this 
    assay. More importantly, the multi-generation reproduction study in 
    rodents is a complex study design which measures a broad range of 
    endpoints in the reproductive system and in developing offspring that 
    are sensitive to alterations by chemical agents. Glyphosate has been 
    tested in two separate multi-generation studies and each time the 
    results demonstrated that glyphosate is not a reproductive toxin.
    
    C. Aggregate Exposure
    
        1. Dietary exposure  -- Food. For purposes of assessing the 
    potential exposure under these tolerances, dietary exposure was 
    estimated based on the Theoretical Maximum Residue Contribution (TMRC) 
    from the all present tolerances for glyphosate and the additional 
    exposure that could result if the proposed tolerances are established 
    on barley grain at 20 ppm, barley bran and pearled barley at 60 ppm, 
    canola seed at 10 ppm, canola meal at 25 ppm, legume vegetables 
    (succulent or dried) group (except soybeans) at 5 ppm, sugar beet roots 
    at 10 ppm, sugar beet tops at 10 ppm and sugar beet dried pulp at 25 
    ppm. The TMRC is obtained by multiplying the tolerance level residue 
    for each food commodity by the consumption data which estimates the 
    amount of those products eaten by various population subgroups. In 
    conducting this exposure assessment, very conservative assumptions were 
    made -- 100% of these crops will contain glyphosate residues and those 
    residues would be at the level of the tolerance -- which result in an 
    overestimate of human exposure. Thus, in making a safety determination 
    for these tolerances, EPA is taking into account this conservative 
    exposure assessment.
        Secondary residues in animal commodities may occur from these uses 
    through the feeding of barley grain and canola meal to livestock. Since 
    these proposed tolerances do not arise from changes in U.S. 
    registrations involving the use of glyphosate herbicides on barley, 
    canola, or legume vegetables, it has been concluded that livestock feed 
    items derived from these crops are not likely to enter channels of 
    trade in the United States. Based on these considerations and the 
    results of animal feeding studies and the amount of glyphosate residues 
    expected in animal feeds, EPA has concluded that there is no reasonable 
    expectation that such secondary residues of glyphosate will exceed 
    existing tolerances in edible animal products.
        2. Drinking water. In examining aggregate exposure, FQPA directs 
    EPA to consider available information concerning exposures from the 
    pesticide residue via drinking water. The lifetime health advisory and 
    maximum contaminant level (MCL), for glyphosate are both 700 parts per 
    billion in the EPA Office of Drinking Water`s ``Drinking Water Health 
    Advisory; Pesticides.'' The MCL represents the level at which no known 
    or anticipated adverse health effects will occur, allowing for an 
    adequate margin of safety, and is based on the reference dose (RfD). 
    Environmental Fate data for glyphosate indicate little potential for 
    the chemical to migrate to drinking. Glyphosate is not highly mobile 
    and not persistent in a soil or water environment. Because the Agency 
    lacks sufficient water-related exposure data to complete a 
    comprehensive drinking water risk assessment for many pesticides, EPA 
    has commenced and nearly completed a process to identify a reasonable 
    yet conservative bounding figure for the potential contribution of 
    water related exposures to the aggregate risk posed by a pesticide. In 
    developing the bounding figure, EPA estimated residue levels in water 
    for a number of specific pesticides using various data sources. The 
    Agency then applied the estimated residue levels, in conjunction with 
    appropriate toxicological endpoints (RfDs or acute dietary NOELs) and 
    assumptions about body weight and consumption, to calculate, for each 
    pesticide, the increment of aggregate risk contributed by consumption 
    of contaminated water. While EPA has not yet pinpointed the appropriate 
    bounding figure for consumption of contaminated water, the ranges the 
    Agency is continuing to examine are all below the level that would 
    cause glyphosate to exceed the RfD if the tolerances being considered 
    in this document were granted. The Agency has therefore concluded that 
    the potential exposures associated with glyphosate in water, even at 
    higher levels the Agency may consider a conservative upper bound, would 
    not prevent the Agency from determining that there is a reasonable 
    certainty of no harm if the tolerance is granted.
        3. Non-dietary exposure. Glyphosate is registered for use on non-
    food sites such as around ornamental, shade trees, shrubs, walks, 
    driveways, flowerbeds, home lawns, farmsteads including building 
    foundations, along and in fences, in dry ditches and canals, along 
    ditchbanks, farm roads, shelterbelts, forestry, Christmas trees, and 
    industrial sites and other non-crop or industrial areas such as 
    airports, lumber yards, manufacturing sites, utility substations, 
    parking areas, petroleum tank farms, and pumping station.
        Margins of Exposure (MOEs) are determined for non-dietary exposure 
    based on toxicological endpoints and measured or estimated exposures. 
    Since glyphosate is a class E chemical (evidence of non-carcinogenicity 
    for humans), the 21 day dermal study lacked any observable effects at 
    the limit dose, and no adverse effects were observed in developmental 
    toxicity studies in rats up to 1,000 mg/kg/day and rabbits up to 175 
    mg/kg/day, no toxicological endpoints are applicable. Because available 
    data indicated no evidence of significant toxicity via the dermal or 
    inhalations routes, MOEs were not calculated and risk
    
    [[Page 8644]]
    
    assessments are not required for non-occupational (residential uses).
    
    D. Cumulative Effects
    
        EPA does not have, at this time, available data to determine 
    whether glyphosate has a common mechanism of toxicity with other 
    substances or how to include it in a cumulative risk assessment. Unlike 
    other pesticides for which EPA has followed a cumulative risk approach 
    based on common mechanism of toxicity, glyphosate does not produce a 
    toxic metabolite which is common to other substances. For the purposes 
    of this tolerance action, therefore EPA has assumed that glyphosate 
    does not have a common mechanism of toxicity with other substances. A 
    condition of the registrations associated with these tolerances will be 
    that the registrant will provide common mechanism data in a timely 
    manner when and if the Agency asks for it. After EPA develops 
    methodologies for more fully applying common mechanism of toxicity 
    issues to risk assessments, the Agency will develop a process to 
    reexamine those tolerance decisions made earlier.
    
    E. Safety Determination
    
        1. U.S. population --i. Acute dietary exposure. Based on the 
    available acute toxicity data, glyphosate does not pose any acute 
    dietary risks, and an acute dietary risk assessment is not required.
        ii. Chronic dietary exposure. Using the TAS Exposure 1 software and 
    1977-78 consumption data, a chronic dietary exposure estimate was based 
    on 100% of the crops treated and all residues at tolerance levels to 
    provide the TMRC. Based this assessment the combined new proposed 
    tolerances contribute dietary exposure equal to 0.36% of the RfD for 
    U.S. population and 0.69% of the RfD for non- nursing infants under 1 
    year old. Total estimated dietary exposure from glyphosate residues in 
    food, taking into account both existing and these proposed uses will be 
    1.4% of the RfD for the overall U.S. population and 3.1% of the RfD for 
    non- nursing infants, the most highly exposed population subgroup. An 
    additional risk assessment for residential uses was not required 
    because of no evidence of significant toxicology via dermal or 
    inhalation routes. Even though an appropriate bounding figure for 
    consumption of contaminated water has not been determined, the ranges 
    being examine are all below the level that would cause glyphosate to 
    exceed the RfD. Generally there is no concern for exposures below 100 
    percent of the RfD. Therefore, based on the completeness and 
    reliability of the toxicity data and the conservative exposure 
    assessment, there is reasonable certainty that no harm will occur from 
    aggregate exposure to glyphosate.
        2. Infants and children. FFCDA section 408 provides that an 
    additional tenfold margin of exposure (safety) 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 it is determined 
    that a different margin of exposure (safety) will be safe for infants 
    and children. Monsanto believes that reliable data support using the 
    standard margin of exposure (usually 100 x  for combined inter- and 
    intra-species variability) without the additional tenfold margin of 
    exposure when a complete data base under existing guidelines exists and 
    when the nature of the findings from these studies do not raise 
    concerns regarding the adequacy of the standard margin of exposure.
        The toxicological database for evaluating pre- and post-natal 
    toxicity for glyphosate is considered to be complete at this time. Risk 
    to infants and children for glyphosate was determined by the use of two 
    developmental toxicity studies in rats and rabbits and a two-generation 
    reproduction study in rats. The developmental toxicity studies 
    evaluates the potential for adverse effects on the developing organism 
    resulting from exposure during prenatal development. The reproduction 
    study provides information relating to effects from exposure to the 
    chemical on the reproductive capability of both (mating) parents and on 
    systemic toxicity, in addition to information on prenatal development. 
    The results of these studies indicate that glyphosate does not produce 
    birth defects and is not a reproductive toxin.
        In the rabbits, no developmental toxicity was observed at the 
    highest dose tested (HDT) where significant maternal toxicity occurred 
    (death and clinical signs at 350 mg/kg/day, highest dose tested HDT). 
    Because no developmental toxicity was observed at any dose level, the 
    developmental NOEL is considered to be 350 mg/kg/day. In the rat 
    developmental toxicity study, severe maternal (systemic) and 
    developmental toxicity was noted at 3,500 mg/kg/ day HDT. The HDT in 
    this study was 3.5 times higher than the limit dose that is currently 
    required by the guidelines. The maternal and developmental (pup) NOEL 
    was 1,000 mg/kg/day. No effects on reproductive parameters were 
    observed.
        In the rat 2-generation reproduction study, parental toxicity was 
    observed at 1,500 mg/kg/day as soft stools, decreased food consumption 
    and body weight gain; therefore, the systemic NOEL is considered to be 
    500 mg/kg/day. Developmental (pup) toxicity was also only exhibited at 
    1,500 mg/kg/day as decreased body weight gain of the F1a, 
    F2a, and F2b male and female pups during the 
    second and third weeks of lactation. Glyphosate did not affect the 
    ability of rats to mate, conceive, carry or deliver normal offspring at 
    any dose level.
        The RfD is based on the NOEL for maternal toxicity in the rabbit 
    developmental study. No developmental effects were noted in the study. 
    In the rat developmental study, effects were noted only at doses 20-
    fold higher than the NOEL used for the RfD. No pre- or post-natal 
    effects were seen in any study in the absence of maternal toxicity. In 
    the rat reproduction study, developmental effects were noted at doses 5 
    times higher than the NOEL used for the RfD. The Agency does not 
    believe the effects seen in these studies are of such concern to 
    require an additional safety factor. Accordingly, the Agency believes 
    the RfD has an adequate margin of protection for infants and children. 
    The dietary exposure from current and proposed uses of glyphosate 
    ranges from 1% of the RfD for nursing infants (less than 1 year old) to 
    3% for non-nursing infants and children 1 to 6 years old. Monsanto has 
    concluded that there is reasonable certainty that no harm will occur to 
    infants and children from aggregate exposure to glyphosate.
    
    F. International Tolerances
    
        Codex MRLs have been established for residues of glyphosate in or 
    on Barley Grain at 20 ppm, Dry Peas at 5 ppm, Dry Beans at 2 ppm, and 
    Rape (Canola) Seed at 10 ppm. The proposed tolerances will achieve 
    harmonization with these existing MRLs. The increase in U.S. tolerances 
    on legume vegetables up to 5 ppm was recommended in 1993 in the 
    glyphosate Reregistration Eligibility Decision.
        The proposed U. S. tolerances are also consistent with the MRLs 
    presently established for these commodities by other trade partner 
    countries such as Canada, the European Union, and Japan.
    
    [FR Doc. 98-4187 Filed 2-19-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
02/20/1998
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
98-4187
Dates:
Comments, identified by the docket control number PF-791, must be received on or before March 23, 1998.
Pages:
8635-8644 (10 pages)
Docket Numbers:
PF-791, FRL-5768-9
PDF File:
98-4187.pdf