98-10840. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
    [Notices]
    [Pages 23438-23444]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-10840]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-803; FRL-5783-4]
    
    
    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
    
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    regulations for residues of certain pesticide chemicals in or on 
    various food commodities.
    DATES: Comments, identified by the docket control number PF-803, must 
    be received on or before May 29, 1998.
    ADDRESSES: By mail submit written comments to: Public Information and 
    Records Integrity Branch, Information Resources and Services Division 
    (7502C), Office of Pesticides Programs, Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. In person bring comments 
    to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically 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. 1132 at the 
    address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
    table below:
    
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                                       Office location/                     
            Product Manager            telephone number          Address    
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    Bipin Gandhi (PM-5)...........  Rm. 4W53, CS #1, 703-   1921 Jefferson  
                                     308-8380, e-            Davis Hwy,     
                                     mail:[email protected]   Arlington, VA  
                                     mail.epa.gov.                          
    Indira Gairola................  Rm. 4W57, CS #1, 703-   Do.             
                                     308-8371, e-mail:                      
                                     gairola.indira@epamai.                             
    ------------------------------------------------------------------------
    
    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-803] (including comments and data submitted 
    electronically as described below). A public version of this record, 
    including printed, paper versions of electronic comments, which does 
    not include any information claimed as CBI, is available for inspection 
    from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
    holidays. The official record is located at the address in 
    ``ADDRESSES'' at the beginning of this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
    file format. All comments and data in electronic form must be 
    identified by the docket number (PF-803) and appropriate petition 
    number. Electronic comments on 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: April 13, 1998
    
    Susan Lewis,
    
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    Summaries of Petitions
    
        Petitioner summaries of the pesticide petitions are printed below 
    as required by section 408(d)(3) of the FFDCA. The summaries of the 
    petitions were prepared by the petitioners and represent the views of 
    the petitioners. EPA is publishing the petition summaries verbatim 
    without editing them in any way. The petition summary announces the 
    availability of a description of the analytical methods available to 
    EPA for the detection and measurement of the pesticide chemical 
    residues or an explanation of why no such method is needed.
    
    1. BFGoodrich Specialty Chemicals
    
    PP 8E4958, 8E4961, 8E4962
    
        EPA has received a pesticide petition (PP 8E4958,8E4961,8E4962) 
    from BFGoodrich Specialty Chemicals, 9911 Brecksville Road, Cleveland, 
    OH 44141, 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 acrylic 
    acid terpolymer, partial sodium salt in or on raw agricultural 
    commodities when used as inert ingredients in the pesticide 
    formulations applied to growing crops, raw agricultural commodities 
    after harvest or to animals, under 40 CFR 180.1001(c) and (e). 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. Toxicological Profile
    
        The Acrylate Terpolymers Good-RiteK-781,K-797, and K-798 
    conform to the definition of polymer given in 40 CFR 723.250(b) and 
    meets the following criteria that are used to identify low risk 
    polymers:
        1. The Acrylate Terpolymers are not cationic polymers, nor are they 
    reasonably anticipated to become cationic polymers in a natural aquatic 
    environment.
        2. The Acrylate Terpolymers contain as an integral part of their 
    composition the atomic elements carbon, hydrogen, oxygen, sulfur and 
    nitrogen. It also contains the monatomic counterion Na+.
        3. The Acrylate Terpolymers do not contain as an integral part of 
    their composition, except as impurities, any elements other than those 
    listed in 40 CFR 723.250(d)(2)(ii).
        4. The Acrylate Terpolymers are not designed, nor are they 
    reasonably anticipated to substantially degrade, decompose, or 
    depolymerize.
    
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        5. The Acrylate Terpolymers are not manufactured or imported from 
    monomers and/or other reactants that are not already included on the 
    Toxic Substances Control Act (TSCA) Chemical Substance Inventory or 
    manufactured under an applicable TSCA Section 5 exemption.
        6. The Acrylate Terpolymers are not water absorbing polymers.
        7. The only reactive functional groups the Acrylate Terpolymers 
    contain is a carboxylic acid.
        8. The Acrylate Terpolymers have a number average molecular weight 
    greater than 1,000 and less than 10,000 Daltons (and oligomer content 
    less than 10 percent below MW 500 and less than 25 percent below MW 
    1,000).
    
    B. Aggregate Exposure
    
        In the past decade Acrylate copolymers and terpolymers have been 
    used in a variety of applications, most notably water treatment 
    including boiler and retort waters, cooling waters, membrane 
    separations systems and are now de rigor in these applications. In 
    these and similar applications, reasonable levels of incidental 
    exposure to the neat polymer is expected and accepted without regard. 
    ANSI/NSF Standard 60 Drinking Water Treatment Chemical Additives 
    listing has been extended to similar acrylate co-and ter-polymers. The 
    chemical characteristics of these polymers and the published health and 
    safety data indicates that aggregate exposure to Acrylate terpolymers, 
    as listed in the current petitions, as inert ingredients in the 
    preparation and application of pesticide formulations for use on 
    growing crops, raw agricultural commodities after harvest or to animals 
    poses no harm.
    
    C. Cumulative Effects
    
        At this time there is no information to indicate that any toxic 
    effects produced by the Acrylate terpolymers would be cumulative with 
    those of any other chemical. Given the terpolymers' categorization as 
    ``low risk polymers'' (40 CFR 723.250) and their proposed use an inert 
    ingredients in pesticide formulations, there is no reasonable 
    expectations of increased risk due to cumulative exposure to the 
    Acrylate terpolymers.
    
    D. International Tolerances
    
        BFGoodrich is petitioning that the Acrylate terpolymers be exempt 
    from the requirement of a tolerance based upon their status as low risk 
    polymers as per 40 CFR 723.250. Therefore, an analytical method to 
    determine residues of the Acrylate terpolymers in raw agricultural 
    commodities treated with pesticide forumlations containing the Acrylate 
    terpolymers has not been proposed.
        There are no Codex maximum residue levels(MRLs) established for the 
    Acrylate terpolymers. (Bipin Gandhi)
    
    2. Platte Chemical Company
    
    PP 6E4742
    
        EPA has received a pesticide petition (PP 6E4742) from Platte 
    Chemical Company, 419 18th Street, P.O. Box 667, Greeley, CO 80632, 
    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 80 to establish 
    an exemption from the requirement of a tolerance for residues of the 
    inert ingredient Modal Alder Bark (MAB) alder bark flour (ABF) when 
    used in pesticide formulations applied to growing crops, or in or on 
    raw agricultural commodities after harvest. 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. MAB is not absorbed or metabolized by plants. 
    The ABF remains on the treated surface, where it decomposes to its 
    natural constituents including, cellulose, hemicelluloses, lignin and 
    various compounds such as suberins and phenolic acids. These 
    decomposition products are further degraded by various bacteria and 
    fungi to simple sugars, carbohydrates, gases and other molecular 
    compounds. Eventually ABF will be completely decomposed by natural 
    processes to nutrients which can be utilized by other plants.
        2. Analytical method. No analytical method is available for 
    determining MAB, per se. Although various methods are available to 
    determine the various components of alder bark (e.g., content of 
    cellulose, lignin, polysaccharides, etc.), these methods are not 
    specific to MAB and can not distinguish whether the components are 
    derived from ABF or from other plant or soil sources.
        3. Magnitude of residues. Since ABF is not absorbed or metabolized 
    by plants, no residues of MAB are expected to result in or on raw 
    agricultural commodities. For example, potato commodities grown from 
    seed potato pieces treated with formulations containing MAB do not have 
    residues of the inert ingredient. Furthermore, any residues would be 
    associated with the potato seed pieces, which shrivel as the daughter 
    plants withdraw nutrients during ``seedling''growth. Consequently, the 
    spent seed pieces are not harvested and will not be eaten. Finally, any 
    MAB adhering to the harvested potatoes would be removed by brushing and 
    washing.
    
    B. Toxicological Profile
    
        1. Acute toxicity. The use of MAB (ABF) as an inert ingredient in 
    pesticide formulations is not expected to result in adverse effects due 
    to its non-hazardous character, minimal potential for exposure, and 
    projected absence of dietary exposure. There is a wealth of available 
    information about the absence of, or minor health effects from, 
    exposure to various wood flours, dusts, shavings, and other wood/bark 
    components. Ingestion of wood flour, sawdust or wood shavings is 
    neither lethal, nor toxic, and is even considered to be a source of 
    non-nutritive dietary fiber. Dermal contact with wood or bark flour is 
    not associated with death or toxicity, although dermal allergies 
    (contact dermatitis) have been reported in certain sensitive 
    individuals. Acute inhalation exposure to wood dusts for a limited time 
    is not considered to be an occupational hazard if dust levels are below 
    established Permissible Exposure Levels (PEL) for non-toxic particulate 
    matter (i.e., unspecified dust particles). MAB is not expected to 
    produce any more eye irritation than any chemically inert particulate, 
    such as clay or wheat flour. In persons who may have a specific alder 
    wood allergy, eye irritation or conjunctivitis is possible even though 
    there are no known reports of such incidences. Alder wood dust is not a 
    sensitizer nor is ABF expected to be a sensitizer.
        2. Genotoxicity. Evidence from studies with wood-related compounds 
    indicate that MAB is not genotoxic. ABF is composed mostly of 
    cellulose, hemicelluloses and lignins, which are not mutagenic.
        3. Reproductive and developmental toxicity. MAB is not expected to 
    be a developmental or reproductive toxin, based on extensive testing of 
    the three principle components (cellulose, hemicelluloses and lignins) 
    of ABF. Additionally, wood flours have been used for numerous years to 
    increase dietary fiber in animal feeds and human diets with no known 
    adverse reproductive or developmental toxicity.
        4. Subchronic toxicity. There is no subchronic exposure to MAB from 
    its use as a pesticidally inert ingredient. However, chronic toxicity 
    data adequately address possible
    
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    toxicological effects that may result from subchronic exposure to ABF.
        5. Chronic toxicity. There is minimal-to-no chronic toxicological 
    risk from the use of MAB as an inert ingredient in pesticide 
    formulations. There are no known adverse reactions to chronic 
    consumption or ingestion of wood flour. Ingestion of wood flour, 
    sawdust or wood shavings for extended periods of time is not hazardous. 
    Instead, it is considered to be a non-nutritive dietary supplement. In 
    fact, the Food and Drug Administration (FDA) has allowed the use of 
    wood flours in various prepared foods, such as bread, to increase 
    dietary fiber levels and reduce caloric intake.
        Adverse effects of exposure to wood dust are limited to allergic 
    reactions, such as rhinitis and contact dermatitis, and from chronic 
    (lifetime) occupational exposure (via inhalation) to high 
    concentrations of wood dust. Based on the absence of chronic effects 
    from ingestion, the limited irritant and allergic effects from dermal 
    contact, limited exposure to ABF from seed potato treatment, and the 
    absence of chronic exposure by any route, Platte Chemical Company 
    concludes that there is minimal-to-no chronic toxicological risk from 
    the use of MAB in pesticide products.
        6. Animal metabolism. There is no known human metabolism or 
    metabolic products from human ingestion of non-nutritive dietary fiber 
    from wood products. In humans, the polymers of plants such as cellulose 
    from plant cell walls (linkages), some pectins, hemicellulose, gums, 
    mucilages and lignin, are not easily digested and are passed through 
    the gastrointestinal tract as non-nutritive dietary fiber. Wood flour 
    and sawdust are commonly used in animal feeds. In ruminants, such wood 
    products are reduced to cellulose, hemicelluloses and lignins by 
    endogenous bacterial/microbial populations in the gut. These wood 
    product degradates are further reduced to simple sugars, carbohydrates, 
    carbon dioxide and indigestible biomass. The indigestible biomass is 
    readily excreted.
        7. Metabolite toxicology. There is no known evidence of metabolite 
    toxicity from the ingestion of wood or ABF by either livestock or 
    humans. In humans, no metabolites are produced after ingestion of non-
    nutritive dietary fiber such as ABF.
        8. Endocrine disruption. No endocrine or estrogenic effects are 
    expected from the use of MAB for the following reasons:
        i. The production of MAB includes oven drying the bark, which 
    removes moisture and volatile organic compounds.
        ii. ABF does not penetrate and will not be absorbed by skin.
        iii. Alder bark is primarily composed of naturally-occurring, non-
    digestible cellulose, hemicelluloses and lignin; and most importantly.
        iv. There is no non-occupational exposure to MAB when used as a 
    pesticidally inert ingredient.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. Ingestion of MAB or its residues would simply 
    increase the level of non-nutritive fiber in the diet, which has been 
    shown to have beneficial health effects by reducing the incidence of 
    diverticulosis, cancer of the colon and coronary heart disease as well 
    as facilitating weight loss. Also, health claims for fiber-containing 
    foods have been made for more than a century and the effects of fiber 
    in promoting bowel evacuation are widely recognized.
        2. Food. The use of MAB in potato seed piece pesticides does not 
    result in any significant dietary exposure to ABF. Residues, if any, 
    surround the potato seed pieces, which shrivel as the daughter plants 
    withdraw nutrients during ``seedling'' growth. Consequentially, the 
    spent seed pieces are not harvested and will not be eaten. Brushing and 
    washing potatoes to remove particulates, such as soil, would 
    simultaneously remove any residues of MAB. However, should ABF residues 
    adhere to harvested potatoes, the only effect would be to increase the 
    level of non-nutritive dietary fiber. Were this to be the case, 
    ingestion of MAB residues would be beneficial and of no toxicological 
    concern since MAB can be considered to be a non-nutritive source of 
    dietary fiber, which has been shown to improve health and lessen the 
    incidence of diverticulosis, colon cancer and coronary heart disease.
        3. Drinking water . The use of MAB as an inert ingredient in 
    pesticide formulations does not lead to alder bark particles in the 
    drinking water. Wood and bark particles do not leach into the 
    groundwater. Any particles that may be transported into water bodies 
    will absorb moisture and either sediment out of the water column or be 
    removed with other particulate matter during drinking water treatment. 
    Similarly, any natural water-extractable components (humic acids, 
    fulvic acids, etc.) of MAB are natural products that will also be 
    removed during drinking water treatment.
        4. Non-dietary exposure. The only anticipated human exposure to MAB 
    from non-dietary sources would be through occupational exposure during 
    product use.
    
    D. Cumulative Effects
    
        The use of MAB as an inert ingredient in pesticide formulations 
    does not result in any cumulative effects, since there is no non-
    occupational exposure to MAB.
    
    E. Safety Determination
    
        1. U.S. population. The use of MAB does not pose a safety concern 
    for the US human population due to the non-toxic nature of ABF (oral, 
    dermal and acute exposure) and the absence of non-occupational 
    exposure.
        2. Infants and children. Infants and children are not exposed to 
    MAB from its use in pesticide formulations or the treatment of potato 
    seed pieces.
    
    F. International Tolerances
    
        No international tolerances have been established for ABF, wood 
    flour or wood cellulose.
    
    3. Wheelabrator Water Technologies, Inc.
    
    PP 6E4732
    
        EPA has received a pesticide petition (PP 6E4732) from Wheelabrator 
    Water Technologies, Inc., 8201 Eastern Boulevard, Baltimore, Maryland 
    21224. 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 
    biosolids in or on the raw agricultural commodity Granulite. 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. Residues in the raw agricultural commodity and processed food/
    feed. A tolerance for substances potentially present in biosolids for 
    raw or processed foods is not anticipated to be needed, based on the 
    very low risk posed by residues in raw food/feed, as discussed 
    throughout this application for a tolerance exemption for Granulite 
    heat-dried biosolids.
        2. Background information and use profile. Granulite is a heat-
    dried biosolids (sewage sludge) product. Biosolids are the solid, semi-
    solid, or liquid residue generated from domestic wastewater treatment, 
    and have been used for centuries as a soil conditioner and fertilizer. 
    Regulations regarding the use and disposal of biosolids have been 
    introduced over the years to protect
    
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    human health and the environment, culminating in the 40 CFR part 503 
    rule promulgated in 1992, which regulates biosolids based on a 
    comprehensive risk assessment consucted by EPA. This rule has since 
    undergone relatively minor revisions, including the deletion of 
    chromium from the regulation; changes to the limits for molybdenum and 
    selenium; and a narrowing of a focus of future biosolids rulemaking to 
    dioxins/furans and polychlorinated biphenyls (PCBs). Land application 
    of biosolids enhances soil conditions and plant growth on agricultural, 
    forest, reclaimed, and public use (e.g., recreational, highway) lands. 
    Over 5 million dry metric tons of biosolids are generated annually in 
    the U.S. at publicly owned treatment works. A minimum of 33% of the 
    biosolids generated annually are land applied (this percentage has 
    probably increased significantly in recent years), while the remaining 
    are incinerated or disposed of using surface disposal. Of the biosolids 
    that are land applied, an estimated 67% are applies to agricultural 
    lands, 3% to forests, 9% to reclamation sites, and 9% to public use 
    sites. Biosolids are land applied by either incorporating or injecting 
    the biosolids into the soil or spreading the biosolids on the soil 
    surface.
    
    B. Toxicological Profile
    
        EPA has determined that the limits for inorganic pollutants 
    (metals) calculated in the EPA biosolids risk assessment protect humans 
    (including children), animals, and plants from reasonably anticipated 
    adverse effects via the 14 different exposure pathways evaluated. The 
    40 CFR part 503 rule regulates metals based on these risk assessment 
    limits, and regulates pathogens based on an operational standard 
    requiring certain pathogen and vector controls that reduce pathogens to 
    low levels (as described in ``Safety Determination: U.S. General 
    Population'' below). For biosolids that meet the most stringent 
    pollutant limits and pathogen controls of part 503, as Granulite does, 
    only minimal additional part 503 requirements need to be met because of 
    the low risk associated with these biosolids, which therefore are 
    allowed to be used as freely as any other soil conditioner. Research 
    indicates that risks associated with the bioavailability of metals in 
    biosolids are low when biosolids are land applied at rates commonly 
    used in agriculture and when good management practices commonly 
    implemented (e.g., soil pH above 5.0) are followed.
        1. Acute toxicity. EPA initially submitted a list of 200 pollutants 
    potentially found in biosolids for review by a panel of experts; this 
    panel recommended that 50 of these pollutants be studies further, based 
    on avaliable toxicity and exposure data. EPA then developed hazard for 
    each of these 50 pollutants, derived by dividing a pollutant's 
    estimated concentration in soil, plant or animal tissue, or air by the 
    lowest concertration of the pollutants found in the scientific 
    literature to be toxic to the organism being evaluated via the most 
    sensetive route of exposure and dassuming maximum toxic effect. A 
    hazard index of less than 1 indicated that the pollutant was not toxic 
    to the organism (via that particular exposure pathway), and thus was 
    not analyzed further. EPA further evaluated pollutants with a hazard 
    index value of 1 or greater in the biosolids risk assestment (except 
    for pollutants deferred of deleted due to insufficient or limited 
    data). EPA also evaluated several additional pollutants based in the 
    addition of four exposure pathways. This process resulted in EPA 
    evaluating 23 pollutants in its biosolids risk assestment for land 
    application (see Table 1).
        2. Reproductive and developmental toxicity. The ingestion of lead 
    by children, which is associated with developmental effects (e.g., 
    learning disabilities), was addressed by the EPA biosolids risk 
    assessment in a conservative manner. EPA evaluated the risk to pica 
    children (children who regularly eat soil) because it is possible that 
    children might ingest soil to which biosolids has been land applied. 
    However, only a small number of children are likely to ingest biosolids 
    in gardens or lawns, especially on a regular basis, and thus this 
    evaluation is more conservative than dietary or drinking water 
    exposures. In addition to lead, limits for arsenic, cadmium, mercury, 
    and selenium are also included in the part 503 rule, based on a child 
    ingesting biosolids that potentially contain these pollutants. 
    Granulite meets all of these limits. For more details, see ``Safety 
    Determination: Infants and Children'' below.
        3. Chronic toxicity. EPA's risk assessment for the land application 
    of biosolids included the evaluation of chronic effects based on RfDs 
    or RfCs for metals and organic substances potentially found in 
    biosolids. RDAs were used when RfDs were unavailable, or analogous no 
    adverse effect levels were used. Acceptable doses of a substance were 
    estimated for animals, using the most sensitive or most exposed 
    species. The RfDs, RfCs, or analogous levels were combined with other 
    variables to calculate the concentrations of pollutants in biosolids 
    that are reasonably protective against adverse impacts. For the 
    ingestion (dietary) pathways, RfDs were combined with a relative 
    effectiveness RE variable. The RE of exposure accounts for differences 
    in bioavailability depending on the route of exposure (e.g., ingestion 
    or inhalation); because of limited available data, the RE was 
    conservatively set at 1, which assumes 100% bioavailability intake, and 
    thus underestimates the allowable dose of biosolids pollutants and 
    reflects conservative pollutant limits. The pollutant concentrations 
    calculated in the risk assessment were used to develop the most 
    stringent limits in the 40 CFR part 503 rule, which Granulite meets.
        4. Carcinogenicity. EPA's risk assessment for the land application 
    of biosolids included evaluation of carcinogenicity based on q1*s for 
    metals and organic substances potentially found in biosolids. The q1*s 
    were used with other variables to calculate the concentrations of 
    pollutants in biosolids that are reasonably protective against adverse 
    impacts; these calculated concentrations were used to develop the most 
    stringent pollutant limits in 40 CFR part 503 rule, which Granulite 
    meets. EPA also conducted a population-based risk assessment which 
    indicated that prior to the part 503 rule, biosolids use and disposal 
    practices (including land application, incineration, and surface 
    disposal) could have contributed 0.9 to 5 cancer cases annually; the 
    part 503 rule reduced cancer cases by 0.09 to 0.7 annually. This 
    analysis included exposure to pollutants potentially found in biosolids 
    from all sources, including food, drinking water, residential, and 
    other non-occupational sources.
        5. Endocrine disruption. The EPA biosolids risk assessment 
    considered all adverse effects identified in the scientific literature, 
    including endocrine effects, if any, and used these to identify no 
    observed adverse effect levels (NOAEL) for the pollutants evaluated. 
    Future research may include additional impacts on wildlife due to 
    limited available field data. Although not specific to endocrine 
    effects, interactive (synergistic) effects observed with biosolids 
    reduce (rather than increase) adverse risks to potential receptors. 
    Interactions between certain elements typically found in biosolids 
    hinder the uptake of metals by plants and the bioavailability of metals 
    to animals and humans. See ``Cumulative Risk'' below for more 
    information on these interactive effects.
    
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    C. Aggregate Exposure
    
        The 14 exposure pathways that EPA evaluated in its biosolids risk 
    assessment included: children ingesting biosolids/soil directly (the 
    pica child); adults ingesting plants grown in soils amended with 
    biosolids or drinking ground-water or surface-water containing 
    substances present in biosolids; adults ingesting fish from surface-
    water containing substances in biosolids; adults ingesting animal 
    products derived from animals that ingested biosolids; animals 
    ingesting biosolids or plants grown in biosolids-amended soils; and 
    plants grown in biosolids-amended soils. Thus, the EPA risk assessment 
    for the land application of biosolids addressed exposures from dietary, 
    drinking water, and non-occupational sources. The most conservative 
    estimate from the 14 exposure pathways was then selected as the limit 
    for each of the pollutants potentially found in biosolids, thus 
    representing protection based on aggregate exposure. Granulite meets 
    these limits.
        In addition, the EPA risk assessment calculations for all 14 
    pathways initially included pollutant exposure from sources other than 
    biosolids (food, air, and water). Exposures from sources other than 
    biosolids were then subtracted from the total allowable dose, yielding 
    a result that represented the allowable dose of a pollutant from 
    biosolids only. This value was then combined with other variables to 
    derive a pollutant limit.
        1. Dietary exposure. Parameters for human, animal, or plant health 
    (e.g., based on RfDs, q1*s, etc., as described above in ``Chronic 
    Effects'' and (``Carcinogenicity'') were combined with pollutant intake 
    information (e.g., the amount of a particular food type consumed) to 
    derive pollutant limits in the EPA biosolids risk assessment. Several 
    pollutant limits were based on a dietary exposure pathway (for the 
    inorganic chemical molybdenum and for several organic chemicals). 
    However, the limits for molybdenum were re-evaluated and new limits are 
    expected to be less stringent, and limits for organics were not 
    included in the part 503 rule, as discussed in ``Other Considerations'' 
    below. For other pollutants, exposure pathways other than dietary 
    exposure posed more risks, and pollutant limits were based on these 
    higher-risk pathways.
        2. Drinking water. The part 503 rule requires that biosolids be 
    land applied at the agronomic rate (the rate that provides the amount 
    of nitrogen needed by a crop or vegetation to attain a desired yield 
    while minimizing the amount of nitrogen that will pass below the root 
    zone of the crop or vegetation to ground-water), thus protecting 
    ground-water from biosolids with nitrogen levels in excess of estimated 
    crop needs. In addition, for ground-water, the EPA risk assessment 
    analyzed the pathway involving: the land application of biosolids; the 
    leaching (mobility) of pollutants from soil into ground-water; and the 
    subsequent drinking of well water containing these pollutants by 
    humans. The ground-water pathway evaluation included: a mass balance 
    (between erosion, leaching, volatilization, and degradation 
    persistence); a reference water concentration (based on the q1* or 
    MCL); and use of the VADOFT (from RUSTIC) and the AT123D models. For 
    surface-water exposure, EPA analyzed the pathway involving: the land 
    application of biosolids; the erosion (mobility) of soil containing 
    pollutants in biosolids; the transfer of the pollutants contained in 
    the eroded soil to surface-water; and the ingestion of the surface-
    water and fish living in the surface-water by humans. The surface-water 
    pathway evaluation included: a mass balance (as described above for 
    ground-water); a reference intake (based on the q1* or RfD); acute or 
    chronic freshwater criteria for aquatic life; a bioconcentration 
    factor; a food chain multiplier; and a dilution factor, among other 
    parameters. No pollutant limit was based on the ground-water pathway 
    because other exposure pathways resulted in more restrictive limits. 
    Only one pollutant limit, for DDT/DDD/DDE, was based on the surface-
    water pathway; however, organics, including DDT, were deleted from part 
    503 regulation because they met at least one of three criteria set by 
    EPA (see ``Other Considerations'' below).
        While metals potentially present in biosolids may be persistent, 
    they are bound in the biosolids-soil matrix for long periods of time, 
    as discussed in ``Environmental Fate Data Summary'' below. Also, the 
    dry characteristics of Granulite, which is heat-dried, minimize water 
    content and leachability of metals.
        3. Non-dietary exposure. EPA's biosolids risk assessment evaluated 
    exposure to pollutants potentially found in biosolids that are land 
    applied to gardens, lawns, and other residential and non-occupational 
    settings in non-dietary pathways.
    
    D. Cumulative Effects
    
        Extensive field data used in EPA's risk assessment for biosolids 
    show no adverse effects of low levels of metals in land-applied 
    biosolids. Some metals are not transferred into edible plant parts 
    (even when their concentrations are greatly increased in the biosolids/
    soil mixture) because these metals (e.g., chromium) are insoluble or 
    strongly bound to the biosolids-soil matrix (by iron or certain other 
    oxides, organic matter, or phosphates in biosolids) or to plant roots 
    (e.g., lead). Or, if other substances commonly found in biosolids, such 
    as zinc, calcium, and iron, are present, these substances will inhibit 
    absorption of some metals (e.g., selenium, molybdenum, and cadmium) 
    from the ingested food into the organism's intestines and blood stream. 
    Also, the EPA biosolids risk assessment included bioavailability and 
    bioaccumulation factors to account for uptake of pollutants by animals 
    (e.g., fish) and subsequently by humans.
    
    E. Safety Determination
    
        1. U.S. population. The EPA biosolids risk assessment as well as 
    field data show that certain biosolids that meet low pollutant limits 
    for metals can be considered NOAEL biosolids that have no observed 
    adverse effects on public health and the environment. Granulite meets 
    these limits. Human and animal health protection from pathogens are 
    addressed in the part 503 regulation through technology-based 
    requirements that minimize pathogen densities and reduce vector 
    attraction. Granulite meets the most stringent ``Class A'' part 503 
    requirements that pathogen densities be reduced to low levels.
        2. Infants and children. For several of the metals evaluated in 
    EPA's biosolids risk assessment, the pollutant limit identified was 
    based on the exposure pathway for a pica child ingesting biosolids/
    soil. These limits are conservative because they go beyond expected 
    dietary and drinking water exposures (i.e., a very small percentage of 
    children are expected to consume biosolids in gardens or on lawns). 
    Also, the limit for lead in biosolids in the part 503 regulation is 300 
    ppm, based on animal data. This number provides an additional margin of 
    safety for growing children because it is lower than the 500 ppm limit 
    for lead derived using EPA's Integrated Exposure Uptake Biokinetic 
    (IEUBK) model. In addition, animal (rat) studies show that the 
    bioavailability of lead in biosolids is 12-fold lower than that assumed 
    in the IEUBK model calculations used; thus the 300 ppm lead limit 
    provides even more of a margin of safety. The limits identified for the 
    other metals (arsenic, cadmium, mercury, and selenium) based on a child 
    ingesting biosolids/soil were calculated in algorithms developed
    
    [[Page 23444]]
    
    specifically for the EPA biosolids risk assessment. The most stringent 
    part 503 pollutant limits for metals in biosolids that are land applied 
    are based on these figures; Granulite meets these limits.
    
    F. Other Considerations
    
        Organic chemicals were evaluated in the EPA biosolids risk 
    assessment. However, the part 503 rule did not set limits for organic 
    chemicals because all the organic chemicals analyzed met one or more of 
    the following criteria:
        i. The pollutant has been banned or restricted for use in the U.S. 
    or is no longer manufactured in the U.S.
        ii. The pollutant is infrequently found in biosolids (e.g., 
    detected less than 5% of the time).
        iii. The limit for the pollutant identified in the EPA biosolids 
    risk assessment is not expected to be exceeded in biosolids that are 
    used or disposed.
        iv. Nearly all of the organic chemicals evaluated met two or more 
    of these criteria.
    
    G. Practical Analytical Method
    
        Numerous analytical methods were used in the hundreds of research 
    studies on which the EPA risk assessment for the land application of 
    biosolids was based. Examples of analytical methods used for analyzing 
    metals concentrations in plant and animal tissue include atomic 
    absorption, X-ray fluorescence spectroscopy, and autoradiography.
    
    H. List of All Pending Tolerances and Exemptions
    
        The only known exemption from tolerance being proposed for 
    biosolids as an inert ingredient is this application, which is based on 
    the health and environmental protection identified in EPA's part 503 
    risk assessment for the land application of biosolids, as discussed 
    throughout this application.
    
    I. Environmental Fate Data Summary
    
        Studies have shown that metals are bound in the biosolids-soil 
    matrix over the long-term and that the binding properties of biosolids 
    are environmentally stable. The binding of metals by biosolids renders 
    the metals less bioavailable to plants, animals, and humans, and 
    studies have shown no adverse effects when biosolids containing metals 
    meeting the part 503 pollutant limits, which includes Granulite, are 
    land applied.
        The EPA risk assessment for the land application of biosolids 
    included analysis of ecological risks through ground-water, surface-
    water, plants, livestock, and wildlife (as well as to humans, including 
    children). Low risks were found to be associated with the ground-water 
    pathway and to wildlife, and thus pollutant limits for chemicals of 
    concern for these pathways or endpoints were based on other, more 
    restrictive risk assessment limits for other pathways/endpoints. 
    Granulite meets all of these limits. The one organic pollutant of 
    concern identified for the surface-water pathway was deleted from 
    regulation, as discussed in ``Other Considerations'' above.
    
    J. International Tolerances
    
        None known. Compatibility with any existing MRLs should be 
    possible, based on the low risk of adverse effects identified in EPA's 
    risk assessment for the land application of biosolids. (Bipin Gandhi)
    [FR Doc. 98-10840 Filed 4-28-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
04/29/1998
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
98-10840
Dates:
Comments, identified by the docket control number PF-803, must be received on or before May 29, 1998.
Pages:
23438-23444 (7 pages)
Docket Numbers:
PF-803, FRL-5783-4
PDF File:
98-10840.pdf