98-5563. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 63, Number 42 (Wednesday, March 4, 1998)]
    [Notices]
    [Pages 10609-10614]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-5563]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-794; FRL-5774-1]
    
    
    Notice of Filing of Pesticide Petitions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: This notice announces the initial filing of pesticide 
    petitions proposing the establishment of regulations for residues of 
    certain pesticide chemicals in or on various food commodities.
    DATES: Comments, identified by the docket control number PF-794, must 
    be received on or before April 3, 1998.
    ADDRESSES: By mail submit written comments to: Public Information and 
    Records Integrity Branch (7502C), Information Resources and Services 
    Division, Office of Pesticides Programs, Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. In person bring comments 
    to: Rm. 119, 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
    
    [[Page 10610]]
    
    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 Virginia address given above, from 
    8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
    table below:
    
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                                       Office location/                     
            Product Manager            telephone number          Address    
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    Beth Edwards..................  Rm. 206, CM #2, 703-    1921 Jefferson  
                                     305-5400, e-mail:       Davis Hwy,     
                                     [email protected]   Arlington, VA  
                                     epa.gov.                               
    Sidney Jackson................  Rm. 233, CM #2, 703-    Do.             
                                     305-7610, e-mail:                      
                                     jackson.sidney@epamai.                             
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    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various food 
    commodities under section 408 of the Federal Food, Drug, and Comestic 
    Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these petitions 
    contain data or information regarding the elements set forth in section 
    408(d)(2); however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data supports granting of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
        The official record for this notice of filing, as well as the 
    public version, has been established for this notice of filing under 
    docket control number [PF-794] (including comments and data submitted 
    electronically as described below). A public version of this record, 
    including printed, paper versions of electronic comments, which does 
    not include any information claimed as CBI, is available for inspection 
    from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
    holidays. The official record is located at the address in 
    ``ADDRESSES'' at the beginning of this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1/6.1 or ASCII file 
    format. All comments and data in electronic form must be identified by 
    the docket control number [PF-794] and appropriate petition number. 
    Electronic comments on this notice may be filed online at many Federal 
    Depository Libraries.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Food additives, 
    Feed additives, Pesticides and pests, Reporting and recordkeeping 
    requirements.
    
        Dated: February 24, 1998.
    
    James Jones,
    
    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. DowElanco
    
    PP 8F4942
    
        EPA has received a pesticide petition (PP 8F4942) from DowElanco, 
    9330 Zionsville Road, Indianapolis, IN 46254 proposing pursuant to 
    section 408(d) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 
    346a(d), to amend 40 CFR part 180 by establishing tolerances for 
    residues of the insecticide spinosad in or on the raw agricultural 
    commodity cotton gin byproducts at 1.5 parts per million (ppm). Because 
    of the amount of spinosad residue found in cotton gin byproducts as 
    well as wet apple pomace (pending tolerance under PP 6F4761) and almond 
    hulls and citrus dried pulp (pending tolerances under PP 7F4871) and 
    the amount of cotton gin byproducts, almond hulls, citrus dried pulp, 
    and apple pomace potentially included in livestock rations, a 
    livestock, fat residue tolerance of 0.8 ppm, a milk residue tolerance 
    of 0.05 ppm, and a milk fat residue tolerance of 0.7 ppm are also being 
    proposed. The following meat and milk tolerances for residues of 
    spinosad are presently pending under PP 6F4761 and PP 7F4871: meat at 
    0.04 ppm, kidney and liver at 0.2 ppm, fat at 0.7 ppm, milk at 0.04 
    ppm, and milk fat at 0.5 ppm. An adequate analytical method is 
    available for enforcement purposes. 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 spinosad in plants (apples, 
    cabbage, cotton, tomato, and turnip) and animals (goats and poultry) is 
    adequately understood for the purposes of these tolerances. A 
    rotational crop study showed no carryover of measurable spinosad 
    related residues in representative test crops.
        2. Analytical method. There is a practical method (HPLC with UV 
    detection) for detecting (0.004 ppm) and measuring (0.01 ppm) levels of 
    spinosad in or on food with a limit of detection that allows monitoring 
    of food with residues at or above the levels set for these tolerances. 
    The method has had a successful method tryout in the EPA's 
    laboratories.
        3. Magnitude of residues. Magnitude of residue studies were 
    conducted for cotton gin byproducts at seven sites. Residues found in 
    these studies ranged from less than the limit of quantitation of the 
    analytical method to 0.9 ppm on cotton gin byproducts.
    
    B. Toxicological Profile
    
        1. Acute toxicity. Spinosad has low acute toxicity. The rat oral 
    LD50 is 3,738 mg/kg for males and >5,000 milligrams/
    kilograms (mg/kg) for females, whereas the mouse oral LD50 
    is >5,000 mg/kg. The rabbit dermal LD50 is >2,000 mg/kg and 
    the rat inhalation LC50 is >5.18 mg/l air. In addition, 
    spinosad is not a skin sensitizer in guinea pigs and does not produce 
    significant dermal or ocular irritation in rabbits. End use 
    formulations of spinosad that are water based suspension concentrates 
    have similar low acute toxicity profiles.
        2. Genotoxicity. Short term assays for genotoxicity consisting of a 
    bacterial reverse mutation assay (Ames test), an
    
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    in vitro assay for cytogenetic damage using the Chinese hamster ovary 
    cells, an in vitro mammalian gene mutation assay using mouse lymphoma 
    cells, an in vitro assay for DNA damage and repair in rat hepatocytes, 
    and an in vivo cytogenetic assay in the mouse bone marrow (micronucleus 
    test) have been conducted with spinosad. These studies show a lack of 
    genotoxicity.
        3. Reproductive and developmental toxicity. Spinosad caused 
    decreased body weights in maternal rats given 200 milligrams/kilograms/
    day (mg/kg/day) by gavage (highest dose tested). This was not 
    accompanied by either embryo toxicity, fetal toxicity, or 
    teratogenicity. The NOELs for maternal and fetal effects in rats were 
    50 and 200 mg/kg/day, respectively. A teratology study in rabbits 
    showed that spinosad caused decreased body weight gain and a few 
    abortions in maternal rabbits given 50 mg/kg/day (highest dose tested). 
    Maternal toxicity was not accompanied by either embryo toxicity, fetal 
    toxicity, or teratogenicity. The NOELs for maternal and fetal effects 
    in rabbits were 10 and 50 mg/kg/day, respectively. The NOEL found for 
    maternal and pup effects in a rat reproduction study was 10 mg/kg/day. 
    Neonatal effects at 100 mg/kg/day (highest dose tested in the rat 
    reproduction study) were attributed to maternal toxicity.
        4. Subchronic toxicity. Spinosad was evaluated in 13-week dietary 
    studies and showed NOELs of 4.9 mg/kg/day in dogs, 6 mg/kg/day in mice, 
    and 8.6 mg/kg/day in rats. No dermal irritation or systemic toxicity 
    occurred in a 21-day repeated dose dermal toxicity study in rabbits 
    given 1,000 mg/kg/day.
        5. Chronic toxicity. Based on chronic testing with spinosad in the 
    dog and the rat, the EPA has set a reference dose (RfD) of 0.0268 mg/
    kg/day for spinosad. The RfD has incorporated a 100-fold safety factor 
    to the NOELs found in the chronic dog study. The NOELs shown in the dog 
    chronic study were 2.68 and 2.72 mg/kg/day, respectively for male and 
    female dogs. The NOELs shown in the rat chronic study were 2.4 and 3.0 
    mg/kg/day, respectively for male and female rats. Using the Guidelines 
    for Carcinogen Risk Assessment published September 24, 1986 (51 FR 
    33992), it is proposed that spinosad be classified as Group E for 
    carcinogenicity (no evidence of carcinogenicity) based on the results 
    of carcinogenicity studies in two species. There was no evidence of 
    carcinogenicity in an 18-month mouse feeding study and a 24-month rat 
    feeding study at all dosages tested. The NOELs shown in the mouse 
    oncogenicity study were 11.4 and 13.8 mg/kg/day, respectively for male 
    and female mice. The NOELs shown in the rat chronic/oncogenicity study 
    were 2.4 and 3.0 mg/kg/day, respectively for male and female rats. A 
    maximum tolerated dose was achieved at the top dosage level tested in 
    both of these studies based on excessive mortality. Thus, the doses 
    tested are adequate for identifying a cancer risk. Accordingly, a 
    cancer risk assessment is not needed.
        6. Animal metabolism. There were no major differences in the 
    bioavailability, routes or rates of excretion, or metabolism of 
    spinosyn A and spinosyn D following oral administration in rats. Urine 
    and fecal excretions were almost completed in 48-hours post-dosing. In 
    addition, the routes and rates of excretion were not affected by 
    repeated administration.
        7. Metabolite toxicology. The residue of concern for tolerance 
    setting purposes is the parent material (spinosyn A and spinosyn D). 
    Thus, there is no need to address metabolite toxicity.
        8. Neurotoxicity. Spinosad did not cause neurotoxicity in rats in 
    acute, subchronic, or chronic toxicity studies.
        9. Endocrine effects. There is no evidence to suggest that spinosad 
    has an effect on any endocrine system.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. For purposes of assessing the potential 
    dietary exposure from use of spinosad on cotton gin byproducts as well 
    as from other existing or pending uses, a conservative estimate of 
    aggregate exposure is determined by basing the TMRC on the proposed 
    tolerance levels for spinosad and assuming that 100% of the cotton gin 
    byproducts and other existing and pending crop uses grown in the U.S. 
    were treated with spinosad. The TMRC is obtained by multiplying the 
    tolerance residue levels by the consumption data which estimates the 
    amount of crops and related foodstuffs consumed by various population 
    subgroups. The use of a tolerance level and 100% of crop treated 
    clearly results in an overestimate of human exposure and a safety 
    determination for the use of spinosad on crops cited in this summary 
    that is based on a conservative exposure assessment.
        2. Drinking water. Another potential source of dietary exposure are 
    residues in drinking water. Based on the available environmental 
    studies conducted with spinosad wherein it's properties show little or 
    no mobility in soil, there is no anticipated exposure to residues of 
    spinosad in drinking water. In addition, there is no established 
    Maximum Concentration Level for residues of spinosad in drinking water.
        3. Non-dietary exposure. Spinosad is currently registered for use 
    on cotton with several crop registrations pending all of which involve 
    applications of spinosad in the agriculture environment. Spinosad is 
    also currently registered for use on turf and ornamentals at low rates 
    of application (0.04 to 0.54 lb a.i. per acre). Thus, the potential for 
    non-dietary exposure to the general population is not expected to be 
    significant.
    
    D. Cumulative Effects
    
        The potential for cumulative effects of spinosad and other 
    substances that have a common mechanism of toxicity is also considered. 
    In terms of insect control, spinosad causes excitation of the insect 
    nervous system, leading to involuntary muscle contractions, prostration 
    with tremors, and finally paralysis. These effects are consistent with 
    the activation of nicotinic acetylcholine receptors by a mechanism that 
    is clearly novel and unique among known insecticidal compounds. 
    Spinosad also has effects on the GABA receptor function that may 
    contribute further to its insecticidal activity. Based on results found 
    in tests with various mammalian species, spinosad appears to have a 
    mechanism of toxicity like that of many amphiphilic cationic compounds. 
    There is no reliable information to indicate that toxic effects 
    produced by spinosad would be cumulative with those of any other 
    pesticide chemical. Thus it is appropriate to consider only the 
    potential risks of spinosad in an aggregate exposure assessment.
    
    E. Safety Determination
    
        1. U.S. population. Using the conservative exposure assumptions and 
    the proposed RfD described above, the aggregate exposure to spinosad 
    use on cotton gin byproducts and other existing or pending crop uses 
    will utilize 20.6% of the RfD for the U.S. population. A more realistic 
    estimate of dietary exposure and risk relative to a chronic toxicity 
    endpoint is obtained if average (anticipated) residue values from field 
    trials are used. Inserting the average residue values in place of 
    tolerance residue levels produces a more realistic, but still 
    conservative risk assessment. Based on average or anticipated residues 
    in a dietary risk analysis, the use of spinosad on cotton gin 
    byproducts and other existing or pending crop uses will utilize 4.5% of 
    the RfD for the U.S. population. EPA generally has no concern for 
    exposures below 100% of the RfD because the RfD represents the level at 
    or below which daily aggregate dietary exposure over a lifetime will 
    not pose appreciable risks to human health.
    
    [[Page 10612]]
    
     Thus, it is clear that there is reasonable certainty that no harm will 
    result from aggregate exposure to spinosad residues on cotton gin 
    products and other existing or pending crop uses.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of spinosad, data from 
    developmental toxicity studies in rats and rabbits and a 2-generation 
    reproduction study in the rat are considered. The developmental 
    toxicity studies are designed to evaluate adverse effects on the 
    developing organism resulting from pesticide exposure during prenatal 
    development. Reproduction studies provide information relating to 
    effects from exposure to the pesticide on the reproductive capability 
    and potential systemic toxicity of mating animals and on various 
    parameters associated with the well-being of pups.
        Section 408 of the FFDCA provides that EPA may apply an additional 
    safety factor for infants and children in the case of threshold effects 
    to account for pre- and post-natal toxicity and the completeness of the 
    database. Based on the current toxicological data requirements, the 
    database for spinosad relative to pre- and post-natal effects for 
    children is complete. Further, for spinosad, the NOELs in the dog 
    chronic feeding study which was used to calculate the RfD (0.0268 mg/
    kg/day) are already lower than the NOELs from the developmental studies 
    in rats and rabbits by a factor of more than 10-fold.
        Concerning the reproduction study in rats, the pup effects shown at 
    the highest dose tested were attributed to maternal toxicity. 
    Therefore, it is concluded that an additional uncertainty factor is not 
    needed and that the RfD at 0.0268 mg/kg/day is appropriate for 
    assessing risk to infants and children.
        Using the conservative exposure assumptions previously described 
    (tolerance level residues), the percent RfD utilized by the aggregate 
    exposure to residues of spinosad on cotton gin byproducts and other 
    existing or pending crop uses is 38.1% for children 1 to 6 years old, 
    the most sensitive population subgroup. If average or anticipated 
    residues are used in the dietary risk analysis, the use of spinosad on 
    these crops will utilize 11.1% of the RfD for children 1 to 6 years 
    old. Thus, based on the completeness and reliability of the toxicity 
    data and the conservative exposure assessment, it is concluded that 
    there is a reasonable certainty that no harm will result to infants and 
    children from aggregate exposure to spinosad residues on cotton gin 
    byproducts and other existing or pending crop uses.
    
    F. International Tolerances
    
        There are no Codex maximum residue levels established for residues 
    of spinosad on cotton gin byproducts or any other food or feed crop.   
    (Beth Edwards)
    
    2. Interregional Research Project
    
    PP 4E4420 and 6E4638
    
        EPA has received pesticide petitions (PP 4E4420 and 6E4638) from 
    the Interregional Research Project Number 4 (IR-4), proposing pursuant 
    to section 408(d) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 
    346a(d), to amend 40 CFR part 180 by establishing tolerances for 
    combined residues (free and bound) of the herbicide metolachlor and its 
    metabolites, CGA- 37913 and CGA- 49751, expressed as the parent 
    compound, in or on the raw agricultural commodities (RACs) peppers at 
    0.5 ppm, forage of the grass forage, fodder and hay group (excluding 
    Bermudagrass), forage at 12 ppm and hay of the grass forage, fodder and 
    hay group (excluding Bermudagrass) at 0.3 ppm. Time-limited tolerances 
    are being proposed for peppers and grass grown for seed to allow time 
    to developed magnitude of residue data from an additional three field 
    trials for bell pepper and five additional field trials for grass 
    forage and hay. EPA has determined that the petitions contain data or 
    information regarding the elements set forth in section 408(d)(2) of 
    the FFDCA; however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data support granting of the 
    petitions. Additional data may be needed before EPA rules on the 
    petitions. This notice contains a summary of the petitions submitted by 
    Novartis Crop Protection, Inc. (Novartis), the registrant.
    
    A. Residue Chemistry
    
        1. Plant and animal metabolism. The qualitative nature of the 
    metabolism of metolachlor in plants and animals is well understood. 
    Metabolism in plants involves conjugation of the chloroacetyl side 
    chain with glutathione, with subsequent conversion to the cysteine and 
    thiolactic acid conjugates. Oxidation to the corresponding sulfoxide 
    derivatives occurs and cleavage of the side chain ether group, followed 
    by conjugation with glucose. In animals, metolachlor is rapidly 
    metabolized and almost totally eliminated in the excreta of rats, 
    goats, and poultry. Metabolism in plants and animals proceeds through 
    common Phase 1 intermediates and glutathione conjugation.
        2. Analytical method. IR-4 has submitted a practical analytical 
    method involving extraction by acid reflux, filtration, partition and 
    cleanup with analysis by gas chromatography using nitrogen specific 
    detection. The methodology accounts for residues of CGA-37913 and CGA-
    49751 which are formed from metolachlor and its metabolites under acid 
    hydrolysis. The limit of quantitation (LOQ) for the method is 0.03 ppm 
    for CGA-37913 and 0.05 ppm for CGA-49751. Residues of CGA-37913 and 
    CGA-49751 are reported as metolachlor equivalents.
        3. Magnitude of residues. For peppers - This petition for the 
    establishment of a 0.5 ppm tolerance for metolachlor on peppers is 
    supported by the individual tolerances already established in a number 
    of pepper varieties: bell (0.1 ppm), chili (0.5 ppm), Cubanelle (0.1 
    ppm), and tabasco (0.5 ppm).
        In four field trials, 1.5 to 3.5 lbs. metolachlor per acre, was 
    applied 48 hours after transplanting of bell peppers. Residues from 
    these samples were less than 0.1 ppm. Metolachlor was also applied at 
    2.0 to 4.0 lbs active per acre to Cubanelle peppers shortly after 
    transplanting. Residues recovered from these samples were also below 
    the 0.1 ppm level. In tabasco peppers, 4 lbs metolachlor per acre was 
    applied as a directed spray to the pepper plants and peppers were 
    harvested either 7 or 14 days after treatment. Residues of nearly 0.5 
    ppm were recovered 7 days after treatment, however, the residue levels 
    dropped to approximately 0.25 ppm when harvested 14 days after 
    treatment. For chili peppers, metolachlor was applied post-emergence as 
    a foliar application at 2.0 lbs active per acre. Samples harvested at 
    approximately 40 days after treatment had residues of 0.36 ppm (as CGA-
    49751), however, samples taken later than this date had residues below 
    0.03 ppm. In one additional chili pepper trial, metolachlor was applied 
    at rates of 1 to 4 lbs active ingredient per acre to direct seeded 
    peppers. No residues were recovered from the peppers harvested 204 days 
    after the application. The proposed label would allow one surface 
    broadcast application of metolachlor at 1.25 to 2.0 pints (1.25 to 2.0 
    lbs. active) per acre within 48 hours after transplanting peppers and 
    with a pre-harvest interval of 63 days.
        For Grass Grown for Seed - This petition is supported by six field 
    residue tests conducted on grasses grown for seed. Quantitative 
    measurements of the metolachlor hydrolysates, CGA-37913 and CGA-49751, 
    were made for all
    
    [[Page 10613]]
    
    samples and reported as metolachlor equivalents. In all residue tests, 
    metolachlor (Dual 8E) was applied post-emergence at a maximum 
    of 2.0 lbs. a.i./A at the early regrowth stage prior to weed emergence. 
    The maximum residue in forage was 27 ppm (60-day PHI). Residues in 
    forage declined with increasing PHI. Maximum residues in straw, 
    screenings, and seed were 0.11 ppm, 0.04 ppm, and <0.08 ppm,="" respectively.="" b.="" toxicological="" profile="" 1.="" acute="" toxicity.="" metolachlor="" has="" a="" low="" order="" of="" acute="" toxicity.="" the="" combined="" rat="" oral="" lethal="" dose="">50 is 2,877 
    milligrams(mg)/kilogram(kg). The acute rabbit dermal LD50 is 
    >2,000 mg/kg and the rat inhalation lethal concentration 
    (LC)50 is >4.33 mg/liter (L). Metolachlor was not irritating 
    to the skin and eye. It was shown to be positive in guinea pigs for 
    skin sensitization. End use formulations of metolachlor also have a low 
    order of acute toxicity and cause slight skin and eye irritation.
        2. Genotoxicity. Assays for genotoxicity were comprised of tests 
    evaluating metolachlor's potential to induce point mutations 
    (Salmonella assay and an L5178/TK+/- mouse lymphoma assay), chromosome 
    aberrations (mouse micronucleus and a dominant lethal assay) and the 
    ability to induce either unscheduled or scheduled deoxyribonucleic acid 
    (DNA) synthesis in rat hepatocytes or DNA damage or repair in human 
    fibroblasts. The results indicate that metolachlor is not mutagenic or 
    clastogenic and does not provoke unscheduled DNA synthesis.
        3. Reproductive and developmental toxicity. Adverse developmental 
    and reproductive potential of metolachlor was investigated in rats and 
    rabbits. The results indicate that metolachlor is not embyrotoxic or 
    reproductive toxic in either species at maternally toxic doses. The no-
    observed-effect level (NOEL) for developmental toxicity for metolachlor 
    was 360 mg/kg/day for both the rat and rabbit while the NOEL for 
    maternal toxicity was established at 120 mg/kg/day in the rabbit and 
    360 mg/kg/day in the rat.
        A 2-generation reproduction study was conducted with metolachlor in 
    rats at feeding levels of 0, 30, 300 and 1,000 ppm. The reproductive 
    NOEL of 300 ppm (equivalent to 23.5 to 26 mg/kg/day) was based upon 
    reduced pup weights in the F1a and F2a litters at the 1,000 ppm dose 
    level (equivalent to 75.8 to 85.7 mg/kg/day). The NOEL for parental 
    toxicity was equal to or greater than the 1,000 ppm dose level.
        4. Subchronic toxicity. Metolachlor was evaluated in a 21-day 
    dermal toxicity study in the rabbit and a 6-month dietary study in 
    dogs; NOELs of 100 mg/kg/day and 7.5 mg/kg/day were established in the 
    rabbit and dog, respectively. The liver was identified as the main 
    target organ.
        5. Chronic toxicity. A 1-year dog study was conducted at dose 
    levels of 0, 3.3, 9.7, or 32.7 mg/kg/day. The Agency-determined 
    reference dose(RfD) for metolachlor is based on the one year dog study 
    with a NOEL of 9.7 mg/kg/day. The RfD for metolachlor is established at 
    0.1 mg/kg/day using a 100-fold uncertainty factor. A combined chronic 
    toxicity/carcinogenicity study was also conducted in rats at dose 
    levels of 0. 1.5, 15 or 150 mg/kg/day. The NOEL for systemic toxicity 
    was 15 mg/kg/day.
        6. Carcinogenicity. An evaluation of the carcinogenic potential of 
    metolachlor was made from two sets of carcinogenicity studies conducted 
    with metolachlor in rats and mice. EPA has classified metolachlor as a 
    Group C (possible human) carcinogen and uses a Margin of Exposure (MOE) 
    approach to quantify risk. This classification is based upon the 
    marginal tumor response observed in livers of female rats treated with 
    a high (cytotoxic) dose of metolachlor (3,000 ppm). The two studies 
    conducted in mice were negative for carcinogenicity.
        A NOEL of 15 mg/kg/day from the 2 year rat feeding study was 
    determined to be appropriate for use in the MOE carcinogenic risk 
    assessment. However, because the chronic reference dose is lower (9.7 
    mg/kg/day) than the carcinogenic NOEL (15 mg/kg/day), the EPA is using 
    the Reference Dose for quantification of human risk.
        7. Estrogenic potential/endocrine disruption. Metolachlor does not 
    belong to a class of chemicals known or suspected of having adverse 
    effects on the endocrine system. There is no evidence that metolachlor 
    has any effect on endocrine function in developmental or reproduction 
    studies. Furthermore, histological investigation of endocrine organs in 
    the chronic dog, rat and mouse studies conducted with metolachlor did 
    not indicate that the endocrine system is targeted by metolachlor, even 
    at maximally tolerated doses administered for a lifetime. Although 
    residues of metolachlor have been found in raw agricultural 
    commodities, there is no evidence that metolachlor bioaccumulates in 
    the environment.
    
    C. Aggregate Exposure
    
        1. Dietary (food) exposure. For purposes of assessing the potential 
    dietary exposure to metolachlor, aggregate exposure has been estimated 
    based on the Theoretical Maximum Residue Contribution (TMRC) from the 
    use of metolachlor in or on raw agricultural commodities for which 
    tolerances have been previously established (40 CFR 180.368). The 
    incremental effect on dietary risk resulting from the addition of 
    peppers to the label was assessed by assuming that exposure would occur 
    at the proposed tolerance level of 0.5 ppm with 100% of the crop 
    treated. The potential human dietary exposure from grasses grown for 
    seed comes from the consumption of grass forage and hay by animals. 
    Based on the tolerances proposed in forage (12 ppm) and hay (0.3 ppm), 
    it has been determined that tolerances previously established for 
    metolachlor in animal commodities of milk and meat, fat, kidney, liver 
    and meat byproducts are adequate to cover secondary residues resulting 
    from animal consumption of grass forage and hay.
        The TMRC is obtained by multiplying the tolerance level residue for 
    all these raw agricultural commodities by the consumption data which 
    estimates the amount of these products consumed by various population 
    subgroups. Some of these raw agricultural commodities (e.g. corn forage 
    and fodder, peanut hay) are fed to animals; thus exposure of humans to 
    residues in these fed commodities might result if such residues are 
    transferred to meat, milk, poultry, or eggs. Therefore, tolerances of 
    0.02 ppm for milk, meat and eggs and 0.2 ppm for kidney and 0.05 ppm 
    for liver have been established for metolachlor.
        In conducting this exposure assessment, it has been conservatively 
    assumed that 100% of all raw agricultural commodities for which 
    tolerances have been established for metolachlor will contain 
    metolachlor residues and those residues would be at the level of the 
    tolerance--which results in an overestimation of human exposure.
        2. Drinking water. Another potential source of exposure of the 
    general population to residues of pesticides are residues in drinking 
    water. Based on the available studies used by EPA to assess 
    environmental exposure, Novartis anticipates that exposure to residues 
    of metolachlor in drinking water will not exceed 20% of the RfD (0.02 
    mg/kg/day), a value upon which the Health Advisory Level of 70 parts 
    per billion (ppb) for metolachlor is based. In fact, based on 
    experience with metolachlor,
    
    [[Page 10614]]
    
    it is believed that metolachlor will be infrequently found in 
    groundwater (less than 5% of the samples analyzed), and when found, it 
    will be in the low ppb range.
        3. Non-dietary exposure. Although metolachlor may be used on turf 
    and ornamentals in a residential setting, that use represents less than 
    0.1 percent of the total herbicide market for residential turf and 
    landscape uses. Currently, there are no acceptable, reliable exposure 
    data available to assess any potential risks from non-dietary exposure. 
    However, given the small amount of material that is used, Novartis 
    believes that the potential for non-occupational exposure to the 
    general population is unlikely.
    
    D. Cumulative Effects
    
        The potential for cumulative effects of metolachlor and other 
    substances that have a common mechanism of toxicity has also been 
    considered. Novartis believes that consideration of a common mechanism 
    of toxicity with other registered pesticides in this chemical class 
    (chloroacetamides) is not appropriate. EPA concluded that the 
    carcinogenic potential of metolachlor is not the same as other 
    registered chloroacetamide herbicides, based on differences in rodent 
    metabolism (EPA Peer Review of metolachlor, 1994). Novartis maintains 
    that only metolachlor should be considered in an aggregate exposure 
    assessment.
    
    E. Safety Determination
    
        1. U.S. population. Using the exposure assumptions described above, 
    based on the completeness and reliability of the toxicity data, 
    Novartis has concluded that aggregate exposure to metolachlor including 
    the proposed new uses on peppers and grasses grown for seed will 
    utilize approximately 3.0% of the RfD for the U.S. population. EPA 
    generally has no concern for exposures below 100% of the RfD because 
    the RfD represents the level at or below which daily aggregate dietary 
    exposure over a lifetime will not pose appreciable risks to human 
    health. Therefore, Novartis believes that there is a reasonable 
    certainty that no harm will result from aggregate exposure to 
    metolachlor or metolachlor residues.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of metolachlor, data 
    from developmental toxicity studies in the rat and rabbit and a 2-
    generation reproduction study in the rat have been considered. The 
    developmental toxicity studies are designed to evaluate adverse effects 
    on the developing organism resulting from chemical exposure during 
    prenatal development to one or both parents. Reproduction studies 
    provide information relating to effects from exposure to a chemical on 
    the reproductive capability of mating animals and data on systemic 
    toxicity.
        Developmental toxicity (reduced mean fetal body weight, reduced 
    number of implantations/dam with resulting decreased litter size, and a 
    slight increase in resorptions/dam with a resulting increase in post-
    implantation loss) were observed in studies on metolachlor in rats and 
    rabbits. The NOEL's for developmental effects in both rats and rabbits 
    were established at 360 mg/kg/day. The developmental effect observed in 
    the metolachlor rat study is believed to be a secondary effect 
    resulting from maternal stress (lacrimation, salivation, decreased body 
    weight gain and food consumption and death) observed at the limit dose 
    of 1,000 mg/kg/day.
        A 2-generation reproduction study was conducted with metolachlor at 
    feeding levels of 0, 30, 300 and 1,000 ppm. The reproductive NOEL of 
    300 ppm (equivalent to 23.5 to 26 mg/kg/day) was based upon reduced pup 
    weights in the F1a and F2a litters at the 1,000 ppm dose level 
    (equivalent to 75.8 to 85.7 mg/kg/day). The NOEL for parental toxicity 
    was equal to or greater than the 1,000 ppm dose level.
        Section 408 of the FFDCA provides that EPA may apply an additional 
    safety factor for infants and children in the case of threshold effects 
    to account for pre- and post-natal toxicity and the completeness of the 
    database. Based on the current toxicological data requirements, the 
    database relative to pre- and post-natal effects for children is 
    complete. Further, for the chemical metolachlor, the NOEL of 9.7 mg/kg/
    day from the metolachlor chronic dog study, which was used to calculate 
    the RfD (discussed above), is already lower than the developmental 
    NOEL's of 360 mg/kg/day from the metolachlor developmental toxicity 
    studies in rats and rabbits. In the metolachlor reproduction study, the 
    lack of severity of the pup effects observed (decreased body weight) at 
    the systemic lowest-observed-effect level (LOEL) (equivalent to 75.8 to 
    85.7 mg/kg/day) and the fact that the effects were observed at a dose 
    that is nearly 10 times greater than the NOEL in the chronic dog study 
    (9.7 mg/kg/day) suggest there is no additional sensitivity for infants 
    and children. Therefore, Novartis concludes that an additional 
    uncertainty factor is not warranted to protect the health of infants 
    and children and that the RfD at 0.1 mg/kg/day based on the chronic dog 
    study is appropriate for assessing aggregate risk to infants and 
    children from use of metolachlor.
        Using the exposure assumptions described above, Novartis concludes 
    that the approximate percentages of the RfD that will be utilized by 
    aggregate exposure to residues of metolachlor including published and 
    pending tolerances is 1% for U. S. population, for nursing infants less 
    than 1%, 3% for non-nursing infants, 3% for children 1 to 6 years old 
    and 2% for children 7 to 12 years old.
        Therefore, based on the completeness and reliability of the 
    toxicity data and the conservative exposure assessment, Novartis 
    concludes that there is a reasonable certainty that no harm will result 
    to infants and children from aggregate exposure to metolachlor 
    residues.
    
    F. International Tolerances
    
        There are no Codex Alimentarius Commission (CODEX) maximum residue 
    levels (MRL's) established for residues of metolachlor in or on raw 
    agricultural commodities.   (Sidney Jackson)
    
    [FR Doc. 98-5563 Filed 3-3-98:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
03/04/1998
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
98-5563
Dates:
Comments, identified by the docket control number PF-794, must be received on or before April 3, 1998.
Pages:
10609-10614 (6 pages)
Docket Numbers:
PF-794, FRL-5774-1
PDF File:
98-5563.pdf