97-18256. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
    [Notices]
    [Pages 37234-37246]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-18256]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-748; FRL-5728-7]
    
    
    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-748, must 
    be received on or before August 11, 1997.
    ADDRESSES: By mail submit written comments to: Public Information and 
    Records Integrity Branch (7506C), 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. 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:
    
    [[Page 37235]]
    
    
    
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                                       Office location/                     
            Product Manager            telephone number          Address    
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    Joanne Miller (PM 23).........  Rm. 237, CM #2, 703-    1921 Jefferson  
                                     305-6224, e-            Davis Hwy,     
                                     mail:[email protected]   Arlington, VA  
                                     amail.epa.gov.                         
    George LaRocca (PM 13)........  Rm. 204, CM #2, 703-    Do.             
                                     305-6100, e-mail:                      
                                     larocca.george@epamai.                             
    James Tompkins (PM 25)........  Rm. 229, CM #2, 703-    Do.             
                                     305-7830, e-mail:                      
                                     tompkins.james@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-748] (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-748] 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: July 1, 1997.
    
    James Jones,
    
    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. DowElanco
    
    PP 6G3306
    
        EPA has received a pesticide petition (PP) 6G3306 from DowElanco, 
    9330 Zionsville Road, Indianapolis, IN 46268 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 renewing a temporary tolerance for 
    the combined residues of herbicide triclopyr (3,5,6-trichloro-2-
    pyridinyl)oxyacetic acid and its metabolites 3,5,6-trichloro-2-
    pyridinol and 2-methoxy-3,5,6-trichloropyridine in or on the raw 
    agricultural commodities fish and shellfish at 0.2 part per million 
    (ppm). An allowable residue level of 0.5 ppm in potable water is also 
    being renewed. The proposed analytical method is gas chromatography. 
    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. Triclopyr Uses
    
        Triclopyr as the triethylamine salt solution is currently 
    registered for use on rights-of-way, industrial sites, non-crop areas, 
    forest sites, rangeland, permanent grass pastures, roadsides, fence 
    rows, ornamental turf, non-irrigation ditchbanks, and rice. It is 
    recommended for the selective control of unwanted woody plants and 
    annual and perennial broadleaf weeds on these sites.
        Triclopyr is to be experimentally used for the selective control of 
    aquatic weeds such as alligatorweed, Eurasian watermilfoil, parrot's 
    feather, pickerelweed, purple loosestrife, and water hyacinth growing 
    in lakes, ponds, reservoirs, and wetlands. It will also be tested for 
    the control of woody brush and herbaceous weeds growing in wetlands and 
    the banks and shores of aquatic sites. Application timing will coincide 
    with the seasons of the year when the target species are actively 
    growing. The maximum rates for triclopyr are 2 gallons per acre for the 
    treatment of floating or emerged weeds, 3 gallons per acre for 
    treatment of woody plants, and 2.5 ppm in water for treatment of 
    submersed weeds.
    
    B. 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 detection limits range from 0.01 to 10 ppm depending on 
    the compound being analyzed.
        2. Magnitude of residues. In field studies, triclopyr in water has 
    a half-life of 0.5 - 3.5 days. Triclopyr residues were below 0.5 ppm 
    after 3 days. The metabolite, 3,5,6-trichloro-2-pyridinol was not 
    detected within the treatment area. Within the treatment area, 
    triclopyr was detected at <0.01 -="" 0.03="" ppm="" in="" water="" collected="" 21="" days="" after="" application.="" the="" average="" concentration="" did="" not="" exceed="" 0.5="" ppm="" at="" 600="" ft="" from="" the="" border="" of="" the="" treated="" area.="" residues="" of="" triclopyr="" and="" its="" metabolites="" 3,5,6-trichloro-2-pyridinol="" and="" 2-methoxy-3,5,6-="" trichloropyridine="" were="" detectable="" only="" at="" the="" limit="" of="" detection,="" 0.01="" ppm="" and="" non-detectable="" after="" day="" eight="" in="" fish="" flesh.="" shellfish="" residues="" were="" [[page="" 37236]]="" greater,="" with="" less="" than="" 0.1="" ppm="" remaining="" in="" the="" edible="" portion="" after="" two="" weeks="" of="" treatment.="" c.="" toxicology="" profile="" 1.="" acute="" toxicity.="" acute="" toxicity="" studies="" conducted="" with="" the="" triethylamine="" salt="" of="" triclopyr="" indicate="" low="" toxicity="" with="" the="" exception="" of="" eye="" irritation.="" the="" acute="" oral="">50, in rats 
    with the triethylamine salt of triclopyr is 2,574 mg/kg (males) or 
    1,847 mg/kg (females) (Toxicity Category III.) The acute dermal LD, in 
    rabbits using the triethylamine salt of triclopyr was > 2,000 mg/kg 
    (Toxicity Category III.) The acute inhalation LD50, in rats 
    was > 2.6 mg/L (maximum attainable concentration) with a Toxicity 
    Category of III. In a primary eye irritation study in rabbits the 
    triethylamine salt of triclopyr was found to be corrosive, with corneal 
    involvement present through day 21 post-dose. The triethylamine salt of 
    triclopyr was found to be non-irritating to the skin of white rabbits. 
    In dermal sensitization studies in guinea pigs, sensitization was 
    observed with the triethylamine salt of triclopyr.
        2. Genotoxicity. The genotoxic potential of triclopyr has been 
    evaluated in a range of assays in vivo and in vitro. These assays 
    demonstrate triclopyr is non-mutagenic in vivo and in vitro. 
    Mutagenicity data included gene mutation assays with E. coli and S. 
    typhimurium (negative); DNA damage assays with B. subtillis (negative); 
    an unscheduled DNA synthesis with rat hepatocytes (negative), a 
    chromosomal aberration test in Chinese hamster cells and rat cells 
    (negative) and dominant lethal assays in rats and mice (negative).
        3. Reproductive and developmental toxicity. A developmental 
    toxicity study in rats fed dosage levels of 0, 30, 100, and 300 mg/kg/
    day, with a maternal lowest observed effect level (LOEL) = 300 mg/kg 
    based on the increased incidence of salivation and mortality and a 
    maternal no-observed effect level (NOEL) = 100 mg/kg. Developmental 
    toxicity was evident in this study at the 300 mg/kg dose level, and 
    included decreased mean fetal body weight, increased fetal and litter 
    incidence of skeletal anomalies and an increase in the number of 
    fetuses with unossified sternebrae. The developmental LOEL = 300 mg/kg-
    based on decreased mean fetal weight, increased fetal and fitter 
    incidence of skeletal anomalies, and increased fetal incidence of 
    unossified sternebrae. The developmental NOEL = 100 mg/kg.
        A developmental toxicity study in rabbits fed dosage levels of 0, 
    10, 30, and 100 mg/kg/day with a maternal LOEL = 100 mg/kg based on the 
    decreased body weight gain, decreased food efficiency, and increased 
    liver and kidney weight. The maternal NOEL = 30 mg/kg. Developmental 
    toxicity was evident at the 100 mg/kg dose level in the form of reduced 
    number of litters, reduced number of corpora lutea, reduced number of 
    total implants, reduced total live fetuses, increased embryonic deaths 
    and deaths/dam, and increased pre-implantation loss. The developmental 
    LOEL =100 mg/kg based an the decreased number of live implants, 
    decreased live fetuses, and increased embryonic deaths. The 
    developmental NOEL = 30 mg/kg.
        A 2-generation reproduction study in rats fed dosages of 0, 5, 25, 
    and 250 mg/kg/day with a Parental Systemic Toxicity NOEL = 5 mg/kg/day 
    (males and females); the parental Systemic Toxicity LOEL = 25 mg/kg/
    day, based on increased incidence of proximal tubular degeneration in 
    male and female Pl and P2 rats. The Reproductive/
    Systemic Toxicity NOEL = 25 mg/kg/day; the Reproductive/Systemic 
    Toxicity LOEL = 250 mg/kg/day, based on decreased litter size, 
    decreased body weight and weight gain, and decreased survival in the 
    F1 and F2 litters.
        4. Subchronic toxicity. A subchronic oral toxicity study in rats 
    receiving dietary concentrations of triclopyr at doses of 0, 5, 20, 50, 
    or 250 mg/kg/day for 13 weeks with a systemic NOEL was 5 mg/kg/day, and 
    the systemic LOEL of 20 mg/kg/day, based on histopathological changes 
    in the kidneys of both sexes.
        A 183-day toxicity study in dogs receiving dietary doses of 
    triclopyr technical at 0, 0.1, 0.5, or 2.5 mg/kg/day with decreased 
    rate of phenolsulfanthalein (PSP) excretion was observed in dogs 
    receiving 2.5 mg/kg/day triclopyr. This effect is a result of 
    competition between triclopyr and PSP for renal excretion, and is not 
    toxicologically relevant. The systemic NOEL is 2.5 mg/kg/day and the 
    systemic LOEL is > 2.5 mg/kg/day in both sexes.
        5. Chronic toxicity. In a 1-year dietary toxicity study, triclopyr 
    was administered to dogs at doses of 0, 0.5, 2.5, or 5.0 mg/kg/day. 
    There were no significant effects of treatment on mortality, clinical 
    signs, body weight, or food consumption in male and female dogs at any 
    dose level treated. Increases in urea nitrogen and creatinine were 
    observed at 2.5 and 5.0 mg/kg/day; these changes in clinical chemistry 
    values do not represent a toxic response to the test chemical, but a 
    physiologic response of the dog, based on the limited ability of the 
    dog to excrete organic acids at higher plasma concentrations. The lack 
    of histopathologic alterations in the kidneys of both sexes is 
    supportive of this conclusion. The systemic NOEL is  5.0 mg/
    kg/day for both sexes; the systemic LOEL is >5.0 mg/kg/day.
        In a chronic toxicity/carcinogenicity study, triclopyr was 
    administered in the diet to mice at dose levels of 0, 50 ppm, 250 ppm, 
    or 1,250 ppm. There were no compound-related tumors observed in mice. 
    The LOEL was considered to be 143 mg/kg/day in male mice and 135 mg/kg/
    day in female mice, based on the decreased body weight gain. The NOEL 
    is considered to be 28.6 mg/kg/day in male mice, and 26.5 mg/kg/day in 
    female mice.
        In a chronic toxicity/carcinogenicity study, triclopyr was 
    administered to Fischer 344 rats for 2 years at dose levels of 0, 3, 
    12, or 36 mg/kg/day. Mortality in treated groups of male rats was lower 
    than that in the control group. Cumulative mortality was 50%, 32%, 26%, 
    and 36% for control, low, mid, and high dose level male rats. Red cell 
    count, hemoglobin, and hematocrit in male rats was numerically 
    decreased at the high dose at 6, 12, and 24 months. Statistical 
    significance was achieved for the decrease in red cells at 12 months, 
    for hemoglobin at 6 months, and for hematocrit at 6 and 22 months. 
    Absolute and relative kidney weight was significantly increased (10-
    13%) at the high dose in male rats, with an apparent dose-related trend 
    at 12 months. Female rats showed an increased incidence of pigmentation 
    of the proximal descending tubule at all dose levels compared to 
    control, while male rats in the 6-month satellite group showed 
    increased incidence of proximal tubule degeneration at the 12 and 36 
    mg/kg/day dose levels compared to control. There were no significant 
    increasing trends in tumor incidence for rats.
        As a result of the August 9, 1995 meeting of the Health Effects 
    Division Carcinogenicity Peer Review Committee, triclopyr was 
    classified as a Group D chemical (not classifiable as to human 
    carcinogenicity).
        6. Animal metabolism. Disposition and metabolism of 14C-
    triclopyr was investigated in rats at a low oral dose (3 mg/kg), 
    repeated low oral doses ( 3 mg/kg x 14 days), and a high dose (60 mg/
    kg.) Comparison of disposition data in intravenously dosed and orally 
    dosed rats demonstrated that triclopyr was well absorbed after oral 
    administration. Excretion was relatively rapid at the low dose, with a 
    majority of radioactivity eliminated in the urine by 24 hours. At 60 
    mg/kg, urinary elimination of 14C-triclopyr derived 
    radioactivity was decreased in rats from 0-12 hours, due to apparent 
    saturation of renal
    
    [[Page 37237]]
    
    elimination mechanisms. Fecal elimination of 14C-Triclopyr 
    derived radioactivity was a minor route of excretion, as was 
    elimination via exhaled air. No significant effect was observed on 
    metabolism or disposition of 14C-triclopyr from repeated low 
    oral dosing.
        Urinary metabolites of 14C-triclopyr were isolated and 
    identified by HPLC and GC/MS. 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.
        7. Bioequivalency. Toxicology studies conducted with triclopyr have 
    been performed using either the free acid or the triethylamine salt 
    form of triclopyr. Bioequivalency of the two chemical forms of 
    triclopyr has been addressed through the conduct of special studies 
    with the triethylamine form 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 pharmacokinetic data in demonstrating bioequivalence. 
    Therefore, studies conducted with any one form of triclopyr can be used 
    to support the toxicology database as a whole.
    
    D. Aggregate Exposure
    
        1. Dietary exposure--i. Food. The Reference Dose (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 residues and 100% crop treated information to estimate the 
    Theoretical Maximum Residue Contribution (TMRC) for the general 
    population and 22 subgroups. Existing tolerances result in a TMRC which 
    represents 0.81% 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%="" of="" the="" commodities="" assumed="" to="" be="" treated="" with="" triclopyr.="" based="" on="" the="" risk="" estimates="" calculated="" in="" this="" analysis,="" it="" appears="" that="" 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)="" is="" 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="" 2,500="" is="" above="" the="" acceptable="" level="" and="" demonstrates="" no="" acute="" dietary="" concern.="" an="" acute="" dietary="" exposure="" analysis="" was="" performed="" using="" tolerance="" level="" residues="" and="" 100%="" 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:="" ------------------------------------------------------------------------="" population="" subgroup="" exposure="" (mg/kgbw/day)="" moe="" ------------------------------------------------------------------------="" u.s.="" population="" 0.00230="" 13050="" females="" 0.00184="" 16277="" ------------------------------------------------------------------------="" these="" high="" end="" moe="" values="" are="" above="" the="" acceptable="" level="" and="" demonstrate="" no="" acute="" dietary="" concerns.="" ii.="" drinking="" water.="" the="" use="" of="" triclopyr="" in="" the="" proposed="" eup="" does="" not="" add="" any="" additional="" exposure="" of="" triclopyr="" to="" humans.="" the="" only="" additional="" source="" that="" needs="" to="" be="" considered="" is="" drinking="" water.="" the="" proposed="" eup="" labeling="" requires="" that="" the="" product="" not="" be="" applied="" within="" one="" mile="" of="" a="" potable="" water="" intake,="" and="" treated="" water="" is="" not="" to="" be="" used="" for="" domestic="" purposes="" for="" 21="" days="" after="" application.="" the="" basis="" for="" these="" restrictions="" is="" a="" study="" conducted="" at="" lake="" seminole,="" ga.="" in="" this="" study,="" triclopyr="" was="" not="" detected="" one="" mile="" downstream="" from="" the="" treated="" area="" for="" up="" to="" 42="" days="" after="" treatment.="" within="" the="" treatment="" area,="" triclopyr="" was="" detected="" at=""><0.01 -="" 0.03="" ppm="" in="" water="" collected="" 21="" days="" after="" application.="" at="" 1="" hour="" after="" application,="" water="" from="" the="" treated="" area="" contained="" 2.6="" ppm="" of="" triclopyr,="" and="" was="" below="" the="" temporary="" tolerance="" level="" of="" 0.5="" ppm="" at="" 3="" days="" after="" treatment.="" if="" the="" proposed="" labeling="" is="" followed="" precisely,="" that="" is,="" potable="" water="" is="" not="" collected="" within="" one="" mile="" of="" a="" treated="" area,="" triclopyr="" residues="" will="" not="" be="" detected=""><0.01 ppm),="" and="" there="" will="" be="" no="" contribution="" from="" water="" to="" the="" ``risk="" cup''="" for="" triclopyr.="" if="" water="" is="" collected="" from="" the="" treated="" area="" 21="" days="" after="" treatment="" and="" used="" in="" drinking="" water="" supplies,="" the="" maximum="" residue="" of="" 0.03="" ppm="" in="" the="" lake="" seminole="" study="" would="" increase="" the="" amount="" of="" the="" rfd="" used="" for="" non-="" nursing="" infants=""><1 yr="" old)="" from="" 2.6="" %="" to="" 7.0="" %="" for="" chronic="" exposure.="" for="" a="" worst="" case="" estimate="" of="" potential="" drinking="" water="" exposure,="" the="" water="" residue="" data="" from="" the="" treated="" area="" in="" the="" lake="" seminole="" study="" was="" utilized.="" it="" was="" assumed="" that="" potable="" water="" was="" collected="" from="" the="" treatment="" area="" during="" the="" 21="" days="" following="" the="" application.="" the="" data="" were="" integrated="" over="" the="" time="" period="" to="" find="" an="" ``average''="" value,="" which="" calculated="" to="" be="" 0.2="" ppm.="" when="" this="" residue="" level="" is="" considered,="" the="" following="" analysis="" demonstrates="" the="" risk="" is="" minimal.="" acute="" noel="" (pregnant="" females)="30" mg/kg/day;="" acute="" noel="" (children="" 1-6="" years);="" chronic="" noel="" (all="" population="" subgroups)="5" mg/kg/day="" time="" weighted="" concentration="" during="" the="" mitigation="" period="0.2" ppm="2.0" x="">1 mg/L
        For a 10 kg child consuming 1 liter a day (Acute):
        (2.0 X 10-1 mg/L X 1 L/day) / 10 kg = 2.0 X 10-
    2 mg/kg/day MOE = NOEL/Exposure = 5 mg/kg/day / 2.0 X 10-
    2 mg/kg/day MOE = 250
        For a 10 kg child consuming 1 Liter a day (Chronic):
        Percent of RfD = (2.0 X 10-2 mg/kg/day / 0.05) X 100 = 
    40%
        For a 60 Kg pregnant female consuming 2 Liters a day (Acute):
        (2.0 x 10-1 mg/L X 2 L/day) / 60 kg = 6.7 X 10-
    3 mg/kg/day
        MOE = 30 mg/kg/day / 6.7 X 10-3 mg/kg/day = 4478
        For a 60 kg pregnant female consuming 2 Liters a day (Chronic):
        Percent of RfD = (6.7 X 10-3 mg/kg/day / 0.05) x 100 = 
    13.4%
        2. 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
    
    [[Page 37238]]
    
    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 a.i., 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.
    
    E. 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 well known. 
    No reliable information exists to indicate that toxic effects produced 
    by triclopyr would be cumulative with those of any other chemical 
    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.
    
    F. 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. Therefore, residential exposure was not considered in the 
    aggregate risk calculation. The water exposure value used the time 
    weighted concentration during the mitigation period = 0.2 ppm = 2.0 X 
    10-1 mg/L in the calculations below for drinking water 
    exposure. The high end (99.5 percentile) exposure from the acute 
    dietary analysis is used for the populations below.
        13+ pregnant females Dietary + Drinking water
        0.0018 mg/kg/day + 6.7 X 10-3 mg/kg/day = 8.5 X 10-
    3 mg/kg/day
        Acute MOE = 30 mg/kg/day / 8.5 X 10-3 mg/kg/day = 3529
        Non-nursing infants Dietary + Drinking water
        0.006 mg/kg/day + 0.02 mg/kg/day = 2.6 X 10-2 mg/kg/day
        Acute MOE = 5 mg/kg/day / 2.6 X 10-2 mg/kg/day = 192
        Children (1-6 years), Dietary + Drinking Water
        0.0035 mg/kg/day + 0.02 mg/kg/day = 2.35 X 10-2 mg/kg/
    day
        Acute MOE = 5 mg/kg/day/2.35 X 10-2 mg/kg/day = 213
        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 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. Even using the time weighted concentration during the 
    mitigation period for drinking water risk is minimal.
    
    G. 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.
    
    H. 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. (James Tompkins)
    
    2. DowElanco
    
    PP 4F4379, 8F3600, and 8H5551
    
        EPA has received pesticide petitions (PP) 4F4379 (sweet corn and 
    popcorn) and 8F3600 and 8H5551 (sugar beets) 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 the herbicide clopyralid in or on the raw agricultural 
    commodities (RACs) sweet corn, fodder at 10.0 ppm; sweet corn, forage 
    and cannery waste at 3.0 ppm; sweet corn, grain at 1.0 ppm and kernel 
    plus cob with husks removed (K + CWHR) at 0.5 ppm; and pop corn, fodder 
    at 10.0 ppm, and pop corn, grain at 1.0 ppm; and revising the tolerance 
    for residues of the herbicide clopyralid in or on the raw agricultural 
    commodities sugar beet, roots at 1.0 ppm and sugar beet, tops at 1.0 
    ppm and on the processed agricultural commodity (PAC) sugar beet, 
    molasses at 8.0 ppm. The proposed analytical method is available for 
    enforcement purposes.
        Pursuant to the section 408(d)(2)(A)(i) of the FFDCA, as amended, 
    DowElanco has submitted the following summary of information, data and 
    arguments in support of their pesticide petition. This summary was 
    prepared by DowElanco and EPA has not fully evaluated the merits of the 
    petition. EPA edited the summary to clarify that the conclusions and 
    arguments were the petitioners and not necessarily EPAs and to remove 
    certain extraneous material.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The metabolism in plants is adequately 
    understood. No metabolites of significance were detected in plant 
    metabolism studies.
        2. Analytical method. There is a practical analytical method for 
    detecting and measuring levels of clopyralid in or on food with a limit 
    of quantitation (LOQ) of 0.05 ppm that allows monitoring of food with 
    residues at or above the levels set in these tolerances. EPA has 
    provided information on this method to FDA. The method is available to 
    anyone who is interested in pesticide residue enforcement.
        3. Magnitude of residues-- i. Sugar beets. Tolerances for residues 
    of the herbicide clopyralid in or on the following raw agricultural 
    commodities, sugar beet roots and tops and the processed agricultural 
    commodity molasses, were established on August 12, 1988 (53 FR 33488, 
    33489) at 0.5, 0.5, and 7.0 parts per million (ppm), respectively, 
    based upon residue data generated by Craven Laboratories. The validity 
    of these data were in question and DowElanco repeated the residue 
    studies. The last of the required residue data were submitted to the 
    Agency in June 1994. The range of the residues
    
    [[Page 37239]]
    
    found for sugar beet, roots was to no detected residues above the LOQ 
    of the method - 0.7 ppm; sugar beet, tops; was to no detected residues 
    above the LOQ of the method - 0.9 ppm; and the residues in the 
    processed agricultural commodities when clopyralid was applied at the 
    maximum labeled rate were 0.5, 0.09, and 6.3 ppm for pulp, sugar and 
    molasses respectively. The proposed revised tolerances would adequately 
    cover these anticipated residues.
        ii. Sweet corn. Clopyralid was applied at the maximum label rate 
    and residues were detected at the following ppm ranges: Grain, 0.087 - 
    0.12; Forage, 0.34 - 2.0; Ears (K + CWHR), 0.029 - 0.23 and Cannery 
    Waste; no residues were detected above the LOQ of the method. The 
    proposed tolerances would adequately cover these anticipated residues.
        iii. Pop corn. Clopyralid was applied at the maximum label rate and 
    residues were detected at the following ppm ranges; Grain: 0.03 - 0.91, 
    Fodder: No detectable residues above the LOQ of the method - 0.60, and 
    Forage 0.14 - 1.2, The proposed tolerances would adequately cover these 
    anticipated residues.
    
    B. Toxicological Profile
    
        1. Acute toxicity. Clopyralid has low acute toxicity. The rat oral 
    LD50 is 5,000 mg/kg or greater for males and females. The 
    rabbit dermal LD50 is greater than 2,000 mg/kg and the rat 
    inhalation LC50 is greater than 1.0 mg/L air (the highest 
    attainable concentration). In addition, clopyralid is not a skin 
    sensitizer in guinea pigs and is not a dermal irritant. Technical 
    clopyralid is an ocular irritant but ocular exposure to the technical 
    material would not normally be expected to occur to infants or children 
    or the general public. End use formulations of clopyralid have similar 
    low acute toxicity profiles and most have low ocular toxicity as well. 
    Therefore based on the available acute toxicity data, clopyralid does 
    not pose any acute dietary risks.
        2. Genotoxicity. Clopyralid is not genotoxic. The following studies 
    have been conducted and all were negative for genotoxic responses. Ames 
    bacterial mutagenicity assay (with and without exogenous metabolic 
    activation); Host-Mediated assay In vivo cytogenetic test, rat; In vivo 
    cytogenetic test, mouse; In vivo dominant lethal test, rat; In vitro 
    unscheduled DNA synthesis assay in primary rat hepatocyte cultures; In 
    vitro mammalian cell gene mutations assay in Chinese hamster ovary cell 
    cultures (with and without exogenous metabolic activation).
        3. Reproductive and developmental toxicity. Developmental toxicity 
    was studied using rats and rabbits. The developmental study in rats 
    resulted in a developmental NOEL of >250 mg/kg/day (a maternally toxic 
    dose) and a maternal toxicity NOEL of 75 mg/kg/day. A 1974 study in 
    rabbits revealed no evidence of developmental or maternal toxicity at 
    250 mg/kg/day; thus the developmental and maternal NOEL was >250 mg/kg/
    day. A more recent study in rabbits (1990) resulted in developmental 
    and maternal NOELs of 110 mg/kg/day based on maternal toxicity at 250 
    mg/kg/day. Based on all of the data for clopyralid, there is no 
    evidence of developmental toxicity at dose levels that do not result in 
    maternal toxicity. In a 2-generation reproduction study in rats, pups 
    from the high dose group which were fed diets containing clopyralid had 
    a slight reduction in body weight during lactation and an increase in 
    liver weights in F1a and F1b weanlings. The NOEL for parental systemic 
    toxicity was 500 mg/kg/day. There was no effect on reproductive 
    parameters at >1,500 mg/kg/day nor was there an adverse effect on the 
    morphology, growth or viability of the offspring; thus, the 
    reproductive NOEL is >1500 mg/kg/day.
        4. Subchronic toxicity. The following studies have been conducted 
    using clopyralid. In a rat 90-day feeding study, Fischer 344 rats were 
    fed diets containing clopyralid at doses of 5, 15, 50, or 150 mg/kg/day 
    with no adverse effects attributed to treatment. In a second study, 
    Fischer 344 rats were fed diets containing clopyralid at doses of 300, 
    1,500, and 2,500 mg/kg/day. Effects at the highest doses were decreased 
    food consumption accompanied by decreased body weights and weight gains 
    in both males and females. Slightly increased mean relative liver and 
    kidney weights were noted in males of all doses and in females at the 
    top 2 doses. Because there were no other effects, the kidney and liver 
    weight effects were judged as being adaptive rather than directly 
    toxic. The no-observed-adverse-effect level (NOAEL) was 1,500 mg/kg/day 
    for males and females. The no-observed-effect level (NOEL) was 300 mg/
    kg/day for females. In a mouse 90-day feeding study, B6C3F1 mice were 
    fed diets containing clopyralid at doses of 200, 750, 2,000 or 5,000 
    mg/kg/day. A slight decrease in body weight occurred at the top dose in 
    both sexes. The liver was identified as the target organ based on 
    slight increases in liver weights and minimal microscopic alterations 
    at the higher dose levels. The liver changes were considered to be 
    reversible and adaptive. The NOEL for males was 2,000 mg/kg/day and for 
    females was 750 mg/kg/day. In a 180-day feeding study, beagle dogs were 
    fed diets containing clopyralid at doses of 15, 50, or 150 mg/kg/day; 
    there were no adverse effects. In a second dietary study, dogs also 
    were fed diets containing clopyralid at doses of 15, 50, or 150 mg/kg/
    day; the only effect was an increase in the mean relative liver weight 
    in females at the 150 mg/kg/day. In a 21-day dermal study, clopyralid 
    was applied by repeated dermal application to New Zealand White rabbits 
    at dose levels up to 1,000 mg/kg/day. Treatment produced no systemic 
    effects.
        5. Chronic toxicity. In a chronic toxicity and oncogenicity study, 
    Sprague-Dawley rats were fed diets containing clopyralid at doses of 5, 
    15, 50 or 150 mg/kg/day. The only effect was a trend toward a decreased 
    body weight of female rats receiving the 150 mg/kg/day dose with a NOEL 
    of 50 mg/kg/day. In a second study clopyralid was fed to Fischer 344 
    rats in the diet at doses of 15, 150, or 1,500 mg/kg/day. The effects 
    were confined almost entirely to the 1,500 mg/kg/day dose groups and 
    included slightly decreased food consumption and body weights, slightly 
    increased liver and kidney weights and macroscopic and microscopic 
    changes in the stomach. No tumorigenic response was present. The NOEL 
    for this study was 150 mg/kg/day. B6C3F1 mice were maintained for 2 
    years on diets formulated to provide targeted dose levels of 10, 500, 
    or 2,000 mg/kg/day. The only evidence of toxicity was body weight 
    depression in males dosed at 2,000 mg/kg/day. There was no evidence of 
    tumorigenic response at any dose level. Based on the chronic toxicity 
    data, EPA has established the RfD for clopyralid at 0.5 milligrams 
    (mg)/kilogram (kg)/day. The RfD for clopyralid is based on a 2-year 
    chronic oncogenicity study in rats with a no-observed-effect level 
    (NOEL) of 50 mg/kg/day and an uncertainty (or safety) factor of 100. 
    Thus, it would not be necessary to require the application of an 
    additional uncertainty factor above the hundredfold factor already 
    applied to the NOEL.
        6. Carcinogenicity. Using its Guidelines for Carcinogen Risk 
    Assessment published September 24, 1986 (51 FR 33992), clopyralid would 
    be classified as Group E for carcinogenicity (no evidence of 
    carcinogenicity) based on the results of the carcinogenicity studies. 
    There was no evidence of carcinogenicity in 2-year feeding studies in 
    mice and rats at the dosage levels tested. The doses tested are 
    adequate for identifying a cancer
    
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    risk. Thus, a cancer risk assessment would not be appropriate.
        7. Animal metabolism. Disposition and metabolism of clopyralid were 
    tested in male and female rats at a dose of 5 mg/kg (oral). The 
    majority of a radioactive dose was excreted in 24 hours of all dose 
    groups. Fecal elimination was minor. Detectable levels of residual 
    radioactivity were observed in the carcass and stomach at 72 hours 
    post-dose. HPLC and TLC analysis of urine and fecal extracts showed no 
    apparent metabolism of clopyralid.
        8. Metabolite toxicity. There are no clopyralid metabolites of 
    toxicological significance.
        9. Endocrine effects. There is no evidence to suggest that 
    clopyralid has an effect on any endocrine system.
    
    C. Aggregate Exposure
    
        1. From food and feed uses. For purposes of assessing the potential 
    dietary exposure under these tolerances, exposure is estimated based on 
    the TMRC from the existing and pending tolerances for clopyralid on 
    food crops. The TMRC is obtained by multiplying the tolerance level 
    residues by the consumption data which estimates the amount of those 
    food products eaten by various population subgroups. Exposure of humans 
    to residues could also result if such residues are transferred to meat, 
    milk, poultry or eggs. The following assumptions were used in 
    conducting this exposure assessment: 100% of the crops were treated, 
    the RAC residues would be at the level of the tolerance, certain 
    processed food residues would be at anticipated (average) levels based 
    on processing studies and all current and pending tolerances were 
    included. This results in an overestimate of human exposure and a 
    conservative assessment of risk. Based on a NOEL of 50 mg/kg/day in a 
    2-year chronic feeding/oncogenicity study in the rat and a hundredfold 
    safety factor, the reference dose (RfD) would be 0.5 mg/kg/day. 
    Consequently, all existing and pending tolerances have a theoretical 
    maximum residue contribution of 0.005135 mg/kgBW/day and would utilize 
    less than 2.3% of the RfD.
        2. From potable water. Another potential source of dietary exposure 
    to residues of pesticides are residues in drinking water. There is no 
    established Maximum Concentration Level for residues of clopyralid in 
    drinking water. Although there has been limited detections at ppb 
    levels in some of the specially designed studies under highly 
    vulnerable test conditions, no ongoing monitoring studies (U.S. 
    Geological Survey, Selected Water Resources Abstracts, and Pesticides 
    in Ground Water Database - A Compilation of Monitoring Studies: 1971-
    1991 National Summary; U.S. Department of Agriculture, AGRICOLA 
    database; and, U.S. Department of Commerce, National Technical 
    Information Service) have reported residues of clopyralid in ground or 
    surface waters.
        Based on the physical and chemical characteristics of clopyralid, 
    such as water solubility and its stability under hydrolysis and 
    photolysis, it has potential for downward movement through the soil 
    profile. However, the behavior of the compound under field conditions 
    demonstrates fairly rapid degradation and limited downward movement. 
    Degradation based on 20 field dissipation sites indicated an average 
    half-life of 34 days. Degradation is driven primarily by microbial 
    processes. Downward movement through the soil profile was generally 
    confined to the upper 18 inches of the soil profile. Validated computer 
    modeling also predicted the maximum depth of residues to be 18-inches, 
    with no detections predicted at 6 months after application. Because the 
    laboratory derived physical/chemical properties of clopyralid indicate 
    a potential for downward movement, lysimeter studies were conducted. In 
    a U.S. study, undisturbed soil columns (lysimeters), 8 inches in 
    diameter, and 3 feet deep, were treated with 950 g ae/ha (about 5 X 
    labeled use rates) in actual field conditions. Residues of clopyralid 
    in soil as well as soil-solution (leachate) were collected in the 
    closed system. The average depth of movement for the majority of 
    clopyralid (center of mass) was 11 inches, and no detectable residues 
    were observed in the leachate. In a European study, lysimeters 1 - 3 
    ft. diameter, and 3 ft. deep, were treated with 120 and 240 g ae/ha in 
    actual field conditions. The average center of mass was 12 inches. No 
    detectable residues were observed in the lysimeters. The amount of 
    14C in leachate accumulated over 2 years in the degraded 
    loess and silty sand lysimeters, was only 0.6% and 0.3% of applied, 
    respectively. The leachate concentrations of 14C-labeled 
    clopyralid in degraded loess and silty sand throughout the first 10-16 
    months of the study ranged from 0.002-0.14 g/l (ppb) and 
    0.003-0.02 ppb, respectively. A second European lysimeter study with 
    silty sand lysimeters treated with 120 g ae/ha revealed a 2-year 
    cumulative clopyralid leachate of only 0.1% of applied (0.04 ppb). 
    These studies demonstrate that in lysimeter test systems, under field 
    environmental conditions, clopyralid rapidly dissipates through 
    mineralization to carbon dioxide. Also the very low levels observed in 
    leachate demonstrate that there is very little potential for clopyralid 
    to leach through soil and to contaminate ground water.
        In summary, these data on potential water exposure indicate 
    insignificant additional dietary intake of clopyralid and any exposure 
    is more than offset for in the conservative dietary risk evaluation. 
    Therefore, it is concluded that there is a reasonable certainty of no 
    harm even at potential upper limit exposures to clopyralid from 
    drinking water.
        3. From non-dietary uses. There is only one non-dietary use 
    registered under the Federal Insecticide, Fungicide and Rodenticide 
    Act. The use is for weed control in residential turf. Potential 
    exposures for children from non-occupational uses is therefore limited 
    to turf re-entry and this exposure is low.
        4. Short-term or intermediate-term. The data for clopyralid does 
    not indicate any evidence of significant toxicity by the dermal and 
    inhalation routes. Consequently, there is no concern for short-term or 
    intermediate-term residential risk. Therefore, a short-term or 
    intermediate-term residential risk assessment would not be required.
        5. Chronic. As part of a hazard assessment process an endpoint of 
    concern is determined for the chronic occupational or residential risk 
    assessment. However, as indicated, the exposures that would result from 
    the use of clopyralid are of an intermittent nature. The frequency and 
    duration of these exposures do not exhibit a chronic exposure pattern. 
    The exposure does not occur often enough to be considered a chronic 
    exposure; i.e., a continuous exposure that occurs for a least several 
    months. Therefore, it would not be appropriate to aggregate exposure 
    from the residential use with exposure from food and drinking water.
        6. Acute. No concern would exist for an acute dietary assessment 
    for clopyralid because the available data indicates no evidence of 
    significant toxicity from a one day or single event exposure by the 
    oral route. Therefore, an acute dietary risk assessment would not be 
    required.
    
    D. Cumulative Exposure to Substances with Common Mechanism of Toxicity
    
        The potential for cumulative effects of clopyralid and other 
    substances that have a common mechanism of toxicity was considered. The 
    mammalian toxicity of clopyralid is well defined. However, no reliable 
    information exists to indicate that toxic effects produced
    
    [[Page 37241]]
    
    by clopyralid would be cumulative with those of any other chemical 
    compound. Additionally, clopyralid does not appear to produce a toxic 
    metabolite produced by other substances. Therefore, consideration of a 
    common mechanism of toxicity with other compounds is not appropriate at 
    this time. Thus only the potential exposures to clopyralid were 
    considered in the aggregate exposure assessment.
    
    E. Determination of Safety
    
        1. U.S. population in general. Based on a NOEL of 50.80 mg/kg/bwt/
    day from a 2-year rat feeding study with a decreased mean body weight 
    gain effect, and using an uncertainty factor of 100 to account for the 
    interspecies extrapolation and intraspecies variability, a Reference 
    Dose (RfD) of 0.5 mg/kg bwt/day was used for this assessment of chronic 
    risk. As indicated, there is no endpoint of concern identified with 
    acute and short- or intermediate-term exposures. Based on the known 
    toxicity and exposure data, the proposed and existing tolerances would 
    utilize approximately 2% of the RfD for the U.S. population. And, as 
    indicated previously, whatever upper limit might be used for drinking 
    water exposure, the exposure estimate for clopyralid would not exceed 
    the RfD. Generally, exposures below 100% of the RfD are of no concern 
    because the RfD 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 a reasonable certainty that no harm will 
    result from aggregate exposure to clopyralid residues.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of clopyralid, data 
    from developmental toxicity studies in the rat and rabbit and a 2-
    generation reproduction study in the rat were considered. The 
    developmental toxicity studies are designed to evaluate adverse effects 
    on the developing organism during prenatal development resulting from 
    pesticide exposure to one or both parents. Reproduction studies provide 
    (1) information relating to effects from exposure to the pesticide on 
    the reproductive capability of mating animals and (2) data on systemic 
    toxicity.
        Developmental toxicity was studied using rats and rabbits. The 
    developmental study in rats resulted in a developmental NOEL of >250 
    mg/kg/day (a maternally toxic dose) and a maternal toxicity NOEL of 75 
    mg/kg/day. A 1974 study in rabbits revealed no evidence of 
    developmental or maternal toxicity at 250 mg/kg/day; thus the 
    developmental and maternal NOEL was >250 mg/kg/day. A more recent study 
    in rabbits (1990) resulted in developmental and maternal NOEL's of 110 
    mg/kg/day based on severe maternal toxicity at 250 mg/kg/day. Based on 
    all of the data for clopyralid, there is no evidence of developmental 
    toxicity at dose levels that do not result in maternal toxicity.
        In a 2-generation reproduction study in rats, pups from the high 
    dose group which were fed diets containing clopyralid had a slight 
    reduction in body weight during lactation and an increase in liver 
    weights in F1a and F1b weanlings. The NOEL for parental systemic 
    toxicity was 500 mg/kg/day. There was no effect on reproductive 
    parameters at >1500 mg/kg/day nor was there an adverse effect on the 
    morphology, growth or viability of the offspring; thus, the 
    reproductive NOEL is >1,500 mg/kg/day.
        FFDCA section 408 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. These data suggest minimal concern for developmental or 
    reproductive toxicity and do not indicate any increased pre- or post-
    natal sensitivity. Therefore, an additional uncertainty factor is not 
    necessary to protect the safety of infants and children and that the 
    RfD at 0.5 mg/kg/day is appropriate for assessing aggregate risk to 
    infants and children.
        The percent of the RfD that will be utilized by the aggregate 
    exposure from all tolerances to clopyralid will be much less than 10% 
    for non-nursing infants and for children (1 - 6 years of age). 
    Therefore, 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 clopyralid residues.
    
    F. International Tolerances
    
        There are no Codex maximum residue levels established for 
    clopyralid. (Joanne Miller)
    
    3. E.I. DuPont Company
    
    PP 4F4391
    
        In the Federal Register of October 25, 1995, (60 FR 54607), EPA 
    established a time-limited tolerance pursuant to the Federal Food Drug 
    and Cosmetic Act (FFDCA) for residues of the herbicide pyrithiobac 
    sodium salt (sodium 2-chloro-6-[(4,6-dimethoxypyrimidin-2-
    yl)thio]benzoate) in or on the raw agricultural commodity cottonseed at 
    0.02 part per million (ppm). The time-limited tolerance expires 
    September 30, 1997. The tolerance was requested in pesticide petition 
    (PP) 4F4391 by E. I. DuPont de Nemours and Co., Inc. (DuPont), Barley 
    Mill Plaza, P.O. Box 80083, Wilmington, DE 19880-0038. The tolerance 
    was issued as a time-limited tolerance because EPA required additional 
    residue data on the commodity of cotton gin byproducts. The petitioner 
    proposes to renew the time-limited tolerance for a 2-year period and 
    retain the pesticide labeling previously accepted under the Federal 
    Insecticide Fungicide and Rodenticide Act (FIFRA), as amended, which 
    bears a restriction against feeding cotton gin byproducts from treated 
    fields to livestock. DuPont has requested this tolerance extension 
    pursuant to section 408(d) of the Federal Food, Drug and Cosmetic Act, 
    as amended, 21 U.S.C. 346a(d), by the Food Quality Protection Act of 
    1996 (Pub. L. 104-170, 110 Stat. 1489). The request addresses the 
    requirements of the new FFDCA Section 408(d)(2). The time-limited 
    tolerance would expire on September 30, 1998. An adequately validated 
    analytical method is available for enforcement purposes. Pursuant to 
    section 408(d)(2)(A)(i) of the FFDCA, as amended, DuPont has submitted 
    the following summary of information, data and arguments in support of 
    its pesticide petition. This summary was proposed by DuPont and EPA has 
    not yet fully evaluated the merits of the petition. EPA edited the 
    summary to clarify that the conclusions and arguments presented are 
    those of the petitioner and not necessarily EPA's and to remove certain 
    extraneous material.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The qualitative nature of the residues of 
    pyrithiobac sodium in cotton is adequately understood. Metabolism 
    studies with pyrithiobac sodium indicate the major metabolic pathway 
    being o-dealkylation of the parent compound resulting in o-desmethyl 
    pyrithiobac sodium (O-DPS). O-DPS, both free and conjugated, was the 
    major metabolite identified in cotton foliage. The results of a 
    confined crop rotation study with pyrithiobac sodium revealed the 
    presence of a metabolite 2-chloro-6-sulfobenzoic acid (CSBA) not seen 
    in the cotton metabolism study. This metabolite appeared to originate 
    from soil metabolism of pyrithiobac sodium. Since preemergence 
    applications of pyrithiobac sodium are allowed, crop residues of CSBA 
    were
    
    [[Page 37242]]
    
    considered a possibility. In consideration of PP 4F4391 CBTS, in 
    consultation with the HED Metabolism Committee has previously concluded 
    that for the proposed use on cotton, none of the pyrithiobac sodium 
    metabolites including O-DPS and CSBA warrant inclusion in the tolerance 
    regulation, and that the only residue of concern is the parent, 
    pyrithiobac sodium.
        2. Analytical method. There is a adequately validated practical 
    analytical method available using HPLC-UV with column switching, to 
    measure levels of pyrithiobac sodium in or on cotton with a limit of 
    quantitation that allows monitoring of cottonseed at or above tolerance 
    levels. EPA has provided information on this method to FDA for future 
    publication in PAM II.
        3. Magnitude of residues. Crop field trial residue data from a 60 
    day PHI study shows that the established pyrithiobac sodium time-
    limited tolerance on cottonseed of 0.02 ppm will not be exceeded when 
    DuPont Staple Herbicide is used as directed. An adequate cottonseed 
    processing study shows that pyrithiobac sodium does not concentrate in 
    cottonseed processed commodities; thus no tolerances on these 
    commodities are required.
    
    B. Toxicological Profile
    
        1. Acute toxicity. Pyrithiobac sodium technical has been placed in 
    EPA Toxicity Category II for acute eye irritation based on the test 
    article inducing irritation in the form of corneal opacity, iritis and 
    conjunctival redness, and discharge in the eyes of rabbits after 
    receiving ocular doses of 36 mg (0.1 ml). Signs of irritation were 
    clear within 14 days of treatment. Pyrithiobac sodium has been placed 
    in Toxicity Category III for acute dermal toxicity based on the test 
    article being nonlethal and nonirritating at the limit dose of 2,000 
    mg/kg (highest dose tested). Pyrithiobac sodium has been placed in 
    Toxicity Category III for acute oral toxicity based on acute oral 
    LD50s of 3,200 mg/kg for both male and female rats. 
    Pyrithiobac sodium has been placed in Category IV for the remaining 
    acute toxicity tests based on the following: a rat acute inhalation 
    study with an LC50 of >6.9 mg/l; and a primary dermal 
    irritation test that did not induce a dermal irritation response. A 
    dermal sensitization test with pyrithiobac sodium technical in guinea 
    pigs demonstrated no significant effects. Based on these results, 
    pyrithiobac sodium does not pose an acute dietary or exposure risk.
        2. Genotoxicty. Pyrithiobac sodium technical was negative (non-
    mutagenic and non-genotoxic) in the following tests: Ames microbial 
    mutation assay; the hypoxanthine-guanine phosphoribosyl transferase 
    gene mutation assay using Chinese hamster ovary cells; and induction of 
    unscheduled DNA synthesis (UDS) in primary rat hepatocytes. Pyrithiobac 
    sodium was positive in an in vitro assay for chromosome aberrations in 
    human lymphocytes. It was negative for the induction of micronuclei in 
    the bone marrow cells of male and female CD-1 mice administered the 
    test article by oral gavage at 500, 1,000 or 2,000 mg/kg. Based on the 
    weight of these data, pyrithiobac sodium is neither genotoxic nor 
    mutagenic.
        3. Reproductive and developmental toxicity. A 2-generation, 4 
    litter reproduction study with CD rats treated at dietary levels of 0, 
    25, 1,500, 7,500 or 20,000 ppm of pyrithiobac sodium demonstrated a 
    maternal NOEL of 1,500 ppm (103 mg/kg/day) and a maternal LOEL of 7,500 
    ppm (508 mg/kg/day), based on decreased body weight gain and food 
    efficacy. An offspring NOEL of 7,500 ppm (508 mg/kg/day) and LOEL of 
    20,000 ppm (1,551 mg/kg/day) were also demonstrated based on decreased 
    offspring body weight. Pyrithiobac sodium was not teratogenic when 
    administered to rats or rabbits. A developmental toxicity study with 
    pyrithiobac sodium in rats demonstrated a maternal NOEL of 200 mg/kg 
    and LOEL of 600 mg/kg due to increased incidence of salivation. A 
    developmental NOEL of 600 mg/kg and LOEL of 1,800 mg/kg were 
    demonstrated based on an increased incidence of skeletal variations. A 
    developmental toxicity study with pyrithiobac sodium in rabbits 
    demonstrated maternal and developmental NOELs of 300 mg/kg and a 
    maternal LOEL of 1,000 mg/kg based on mortality, decreased body weight 
    gain and feed consumption, increased incidence of clinical signs, and 
    an increase in early resorptions. A developmental LOEL of 1,000 mg/kg 
    was based on decreased fetal body weight gain. Based on the weight of 
    these data, pyrithiobac sodium is not considered a reproductive or 
    developmental hazard. In addition, there were no effects observed in 
    offspring in the absence of maternal toxicity; therefore, the offspring 
    were not uniquely susceptible to the effects of compound 
    administration.
        4. Subchronic toxicity. In a 90-day feeding study in rats conducted 
    with pyrithiobac sodium at dietary levels of 0, 10, 50, 500, 7,000 and 
    20,000 ppm, the NOEL was 500 ppm (31.8 and 40.5 mg/kg/day, M/F) and the 
    LOEL was 7,000 ppm (466 and 588 mg/kg/day, M/F) based on decreased body 
    weight gains and increased rate of hepatic B-oxidation in males. In a 
    90-day feeding study in mice conducted with pyrithiobac sodium at 
    dietary levels of 0, 10, 50, 500, 1,500 and 7,000 ppm, the NOEL was 500 
    ppm (83.1 and 112 mg/kg/day, M/F) and the L0EL was 1,500 ppm (263 and 
    384 mg/kg/day, M/F) based on increased liver weight and increased 
    incidence of hepatocellular hypertrophy in males and decreased 
    neutrophil count in females. In a 90-day feeding study in dogs 
    conducted with pyrithiobac sodium at dietary levels of 0, 50, 5,000, or 
    20,000 ppm, the NOEL was 5,000 ppm (165 mg/kg/day) and the LOEL was 
    20,000 ppm (626 mg/kg/day) based on decreased red blood cell count, 
    hemoglobin, and hematocrit in females and increased liver weight in 
    both sexes. In a 21-day dermal study with rats conducted with 
    pyrithiobac sodium at exposure levels of 0, 50, 500, or 1,200 mg/kg/
    day, the dermal irritation NOEL was 500 mg/kg/day and the dermal 
    irritation LOEL was 1,200 mg/kg/day. There were no systemic effects 
    observed at this high dose; therefore, the systemic NOEL is considered 
    to be 1,200 mg/kg/day.
        5. Chronic toxicity. A 1-year feeding study in dogs conducted with 
    pyrithiobac sodium at dietary levels of 0, 100, 5,000, and 20,000 ppm 
    resulted in a NOEL of 5,000 ppm (143 and 166 mg/kg/day, M/F) and a LOEL 
    of 20,000 ppm (580 and 647 mg/kg/day, M/F) based on decreases in body 
    weight gain and increased liver weight. A 78-week oncogenicity study in 
    mice was conducted with pyrithiobac sodium at dietary levels of 0, 10, 
    150, 1,500 and 5,000 ppm. The systemic NOEL is 1,500 ppm (217 and 319 
    mg/kg/day, M/F) and the LEL is 5,000 ppm (745 and 1,101 mg/kg/day, M/
    F), based on decreased body weight gain and liver lesions. Kidney 
    effects were also observed at 5,000 ppm; however, these were present at 
    low incidence and were of minimal severity and were considered to be of 
    only minimal biological significance. Increased incidence of foci/focus 
    of hepatocellular alteration was observed in males fed 5,000 ppm diets. 
    Increased incidences of hepatocellular neoplasms (adenomas or adenomas 
    plus carcinomas) were observed only in 150 and 1,500 ppm males. The 
    incidence of these liver tumors was not significantly increased in the 
    5,000 ppm males or in females at any dose level; the 5,000 ppm male 
    tumor incidence was within the historical control range. A 2-year study 
    in rats was conducted at dietary pyrithiobac sodium levels of 0, 5, 25,
    
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    1,500 or 5,000 ppm for males and 0, 5, 25, 5,000 or 15,000 ppm for 
    females. The NOEL for systemic effects was 1,500 ppm (58.7 mg/kg/day) 
    for males and 5,000 ppm (278 mg/kg/day) for females. The LEL was 5,000 
    ppm (200 mg/kg/day for males)/15,000 ppm (918 mg/kg/day) for females. 
    The LEL was based on the following: decreased body weight, body weight 
    gain and food efficiency (for females); mild changes in hematology and 
    urinalysis, clinical signs indicative of urinary tract dysfunction 
    (both sexes); increased incidence of focal cystic degereration in the 
    liver and increased rate of hepatic peroxisome beta-oxidation (males); 
    and an increased incidence of inflammatory and degenerative microscopic 
    lesions in the kidney (females). There was evidence of oncogenicity 
    based on an increased trend for kidney tubular combined adenoma/ 
    carcinoma in male rats and an increased trend for kidney tubular 
    adenomas in female rats. Although the incidences were low, they were 
    statistically significant. The highest dose level tested in male rats 
    (5,000 ppm) was considered adequate for assessment of oncogenic 
    potential, that in female rats (15,000 ppm) exceeded the Maximum 
    Tolerated Dose (MTD).
        6. Carcinogenicity. In consideration of PP 4F4391 the HED 
    Carcinogenicity Peer Review Committee has previously concluded that the 
    available data provide limited evidence of the carcinogenicity of 
    pyrithiobac sodium in mice and rats and has classified pryithiobac 
    sodium as a Group C (possible human carcinogen with limited evidence of 
    carcinogenicity in animals) in accordance with Agency guidelines 
    published in the Federal Register in 1986 (51 FR 33992, September 24, 
    1986) and recommend that for the purpose of risk characterization a 
    low-dose extrapolation model should be applied to the experimental 
    animal tumor data for quantification for human risk (Q1*). This 
    decision was based on liver adenomas, carcinomas and combined adenoma/
    carcinomas in the male mouse and kidney tubular adenomas, carcinomas 
    and combined adenoma/carcinomas in the male rat. The unit risk, Q1* 
    (mg/kg/day)-1, of pyrithiobac sodium is 1.05 x 10-3 (mg/kg/day)-1 in 
    human equivalents based on male kidney tumors.
        7. Animal metabolism. Disposition and metabolism of pyrithiobac 
    sodium were tested in male and female rats using two radiolabeled forms 
    of pyrithiobac sodium. Either phenyl-labeled or pryimidine-labeled 
    compounds were administered orally at 5 or 250 mg/kg. In addition, i.v. 
    administration was evaluated at 5 mg/kg. Essentially all of the dose 
    was excreted in the urine and feces, with greater than 90% being 
    excreted within 48 hours. No label was detected in the expired air. 
    Only minute quantities of radioactivity (at or near the limit of 
    detection) were detected in the major organs of metabolism and 
    excretion. This study indicates that pyrithiobac sodium has low 
    toxicity and does not accumulate within the body. The major compound 
    eliminated in urine and feces was O-DPS (desmethyl metabolite), formed 
    by demethylation of the pyrimidine ring. There was evidence that 
    conjugation with glucuronic acid and 5-hydroxylation of the pyrimidine 
    ring of pyrithiobac sodium were additional minor routes of metabolism 
    in the rat.
        8. Metabolite toxicology. There is no evidence that the metabolites 
    of pyrithiobac sodium as identified in either the plant metabolism, 
    confined crop rotation, or animal metabolism studies are of any 
    toxicological significance.
        9. Neurotoxicity. A 90-day rat neurotoxicity screen battery 
    conducted with pyrithiobac sodium resulted in a systemic NOEL of 7,000 
    ppm (466 and 588 mg/kg/day, M/F) and a systemic LOEL of 20,000 ppm 
    (1,376 and 1,609 mg/kg/day, M/F) based on reduced body weight gain and 
    food efficiency and increased liver weight. Slight reductions in hind-
    leg grip strength and slightly increased foot splay in males were 
    observed in 20,000 ppm males. However, because these were of small 
    magnitude, lacked statistical significance and corresponding 
    histopathology, pyrithiobac sodium was not considered a neurotoxin. The 
    NOEL for neurotoxicity was 20,000 ppm [highest dose tested (HDT)].
        10. Endocrine effects. No special studies investigating potential 
    estrogenic or other endocrine effects of pyrithiobac sodium have been 
    conducted. However, the standard battery of required toxicology studies 
    has been completed and found acceptable. These include an evaluation of 
    the potential effects on reproduction and development, and an 
    evaluation of the pathology of the endocrine organs following repeated 
    or long-term exposure to doses that far exceed likely human exposures. 
    Based on these studies there is no evidence to suggest that pyrithiobac 
    sodium has an adverse effect on the endocrine system.
    
    C. Aggregate Exposure
    
        1. Dietary exposure--i. Food. For purposes of assessing the 
    potential dietary exposure under this tolerance, an estimate of 
    aggregate exposure is made using the tolerance on cottonseed at 0.02 
    ppm. The potential exposure is obtained by multiplying the tolerance 
    level residues by the consumption data which estimates the amount of 
    cottonseed products translated as cottonseed meal and cottonseed oil 
    eaten by various population subgroups. Cottonseed is fed to animals, 
    thus exposure of humans to residues of cottonseed might result if such 
    residues are transferred to meat, milk, poultry, or eggs. However, in 
    consideration of PP 4F4391 CBTS has previously concluded that secondary 
    residues in meat, milk, poultry and eggs are not expected from the use 
    of cottonseed (undelinted) as an animal feed. There are no other 
    established tolerances or registered uses for pyrithiobac sodium in the 
    United States. Based on a NOEL of 58.7 mg/kg/day, from the chronic rat 
    toxicity study and a hundredfold safety factor, the reference dose 
    (RfD) is 0.58 mg/kg/day. Assuming residues at tolerance levels and that 
    100% of the crop is being treated, a theoretical maximum residue 
    contribution (TMRC) of <0.000001 mg/kg/day="" is="" calculated.="" with="" the="" above="" assumptions="" which="" clearly="" overestimate="" potential="" human="" exposure="" and="" are="" a="" most="" conservative="" assessment="" of="" risk,="" dietary="" (food)="" exposure="" to="" pyrithiobac="" sodium="" will="" utilize="" significantly="" less="" than="" 1%="" of="" the="" rfd="" for="" the="" overall="" us="" population.="" for="" the="" most="" highly="" exposed="" subgroup,="" children="" aged="" 1="" to="" 6="" years,="" the="" tmrc="" is="" 0.000001="" mg/kg/day,="" which="" is="" still="" less="" than="" 1%="" of="" the="" rfd.="" the="" unit="" risk,="">* 
    (mg/kg/day)-1, of pyrithiobac sodium is 1.05 x 10-3 (mg/kg/
    day)-1 in human equivalents based on male kidney tumors. Based on this 
    upper bound potency factor (Q1*), a 70-year life-span, and 
    the assumption that 100% of the crop is treated with pyrithiobac 
    sodium, the upper-bound limit of a dietary carcinogenic risk is 
    calculated in the range of 1 incidence in a billion (1.0 x 10-
    9).
        ii. Drinking water. Other potential dietary sources of exposure of 
    the general population to pesticides are residues in drinking water. 
    There is no Maximum Contaminant Level established for residues of 
    pyrithiobac sodium. The petitioner has reported to the Environmental 
    Fate and Groundwater Branch of EPA (EFGWB) the interim results of a 
    prospective groundwater monitoring study conducted at a highly 
    vulnerable site. In consideration of this information in support of PP 
    4F4391 EFGWB has previously concluded by preliminary evaluation, that 
    pyrithiobac sodium may
    
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    not be stable enough to leach to groundwater at most use sites, even in 
    sandy soils. All other environmental fate data requirements for 
    pyrithiobac sodium have been satisfied and based on these studies and 
    the conditions of use, the potential for finding pyrithiobac sodium 
    residues in drinking water is minimal.
        2. Non-dietary exposure. Pyrithiobac sodium is not registered for 
    any use which could result in non-occupational, non-dietary exposure to 
    the general population.
    
    D. Cumulative Effects
    
        Pyrithiobac sodium is based on a new chemical class; there are no 
    known registered herbicides with similar structure. Therefore, EPA 
    should consider only the potential risks of pyrithiobac sodium in its 
    exposure assessment. The herbicidal activity of pyrithiobac sodium is 
    due to the inhibition of acetolactate synthase (ALS), an enzyme only 
    found in plants. ALS is part of the biosynthetic pathway leading to the 
    formation of branched chain amino acids. Animals lack ALS and this 
    biosynthetic pathway. This lack of ALS contributes to the low toxicity 
    of pyrithiobac sodium in animals. There is no evidence to indicate or 
    suggest that pyrithiobac sodium 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 a complete and reliable toxicity 
    database, the EPA has adopted an RfD value of 0.58 mg/kg/day using the 
    NOEL of 58.7 mg/kg/day, from the 2-year chronic toxicity study in rats 
    and a hundredfold safety factor. Using crop tolerance levels and 
    assuming 100% of the crop being treated a Theoretical Maximum Residue 
    Contribution (TMRC) was calculated for the overall US population and 22 
    population subgroups. This analysis concluded that aggregate exposure 
    to pyrithiobac sodium will utilize significantly less that 1 percent of 
    the RfD for either the entire U.S. population or any subgroup 
    population. The TMRC for the most highly exposed subgroup identified as 
    children aged 1 thru 6 years was 0.000001 mg/kg/day. EPA generally has 
    no concern for exposure below 100 percent of the RfD because the RfD 
    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 a reasonable certainty that no harm will result from aggregate 
    exposure to pyrithiobac sodium residues. The unit risk, Q1* 
    (mg/kg/day)-1, of pyrithiobac sodium is 1.05 x 10-3 (mg/kg/
    day)-1 in human equivalents based on male kidney tumors. Based on this 
    upper bound potency factor (Q1*) and assuming a 70 year 
    lifetime exposure an upper-bound limit of a dietary carcinogenic risk 
    is calculated in the range of 1 incidence in a billion (1.0 x 10-
    9). This indicates a negligible cancer risk.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of pyrithiobac sodium, 
    data from the previously discussed developmental and reproduction 
    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 exposure to the 
    pesticide. Based on the weight of these data, pyrithiobac sodium was 
    not a reproductive toxicant. Maternal and developmental effects 
    (NOEL's, LOEL's) were comparable indicating no increase in 
    susceptibility of developing organisms. No evidence of endocrine 
    effects were noted in any study. FFDCA section 408 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 current toxicological 
    data requirements, the database for pyrithiobac sodium relative to pre- 
    and post-natal effects for children is complete. The NOEL of 58.7 mg/
    kg/day from the 2-year rat study with pyrithiobac sodium, which was 
    used to calculate the RfD, is lower than any of the NOEL's defined in 
    the developmental and reproductive toxicity studies with pyrithiobac 
    sodium. When the weight of these facts is considered an additional 
    safety factor is not warranted for developmental effects. As stated 
    above, aggregate exposure assessments utilized significantly less than 
    1% of the RfD for either the entire U.S. population or any of 22 
    population subgroups including infants and children. Therefore, it may 
    be concluded that there is reasonable certainty that no harm will 
    result to infants and children from aggregate exposure to pyrithiobac 
    sodium residues.
    
    F. International Tolerances
    
        There are no established Codex MRLs for pyrithiobac sodium on 
    cottonseed. An established Mexican tolerance for pyrithiobac sodium on 
    cottonseed is identical to the U.S. tolerance. Compatibility is not a 
    problem at this time. (James Tompkins)
    
    4. Zeneca AG
    
    PP 5F4588
    
        EPA has received a pesticide petition (PP 5F4588) from Zeneca Ag 
    Products, 1800 Concord Pike, P.O. Box 15458, Wilmington, Delaware 
    19850-5458, 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 combined residues of the insecticide 
    lambda-cyhalothrin and its epimer in or on the raw agricultural 
    commodities (RACs) alfalfa forage at 5.0 parts per million (ppm), 
    alfalfa hay at 6.0 ppm, leaf lettuce at 2.0 ppm, head and stem Brassica 
    crop subgroup at 0.4 ppm, aspirated grain fractions at 2.0 ppm and 
    increasing the existing time-limited tolerance for poultry fat to 0.03 
    ppm. The proposed analytical method is gas liquid chromatography with 
    an electron capture detector.
        Pursuant to section 408 (d) (2) (A) (i) of the FFDCA, as amended, 
    Zeneca Ag Products has submitted the following summary of information, 
    data and arguments in support of their pesticide petition. This summary 
    was prepared by Zeneca and EPA has not fully evaluated the merits of 
    the petition. EPA edited the summary to clarify that the conclusions 
    and arguments were the petitioner's and not necessarily EPA's.
    
    A. Residue Chemistry
    
        1. Plant Metabolism. The metabolism of lambda-cyhalothrin in plants 
    is adequately understood for this use. Any secondary residues occurring 
    in meat and meat by-products will be covered by the existing tolerances 
    with the exception of the fat of poultry, which is discussed under 
    Magnitude of Residues.
        2. Analytical method. An adequate analytical method (gas liquid 
    chromatography with an electron capture detector) is available for 
    enforcement purposes.
        3. Magnitude of residues--i. Alfalfa. Sixteen field trials were 
    carried out on alfalfa forage and hay in twelve states during 1990 in 
    the USA. The trials were conducted in the states of Arizona, 
    California, Iowa, Idaho, Kansas, Michigan, Minnesota, Montana, 
    Nebraska, New York, South Dakota, and Wisconsin. The number and 
    geographical distribution of the trials agrees with the recommendation 
    given in the ``EPA Residue Chemistry Guidance'' (1994).
        In these trials, the maximum combined residues of lambda-
    cyhalothrin and epimer in or on alfalfa
    
    [[Page 37245]]
    
    forage is 5.0 ppm and alfalfa hay is 6.0 ppm.
        ii. Leaf lettuce. Eight field trials were carried out on leaf 
    lettuce in eight states during 1990 in the USA. The trials were 
    conducted in Arizona, California, Colorado, Florida, Michigan, New 
    York, Texas, and Washington. The number and geographical distribution 
    of the trials agrees with the recommendation given in the ``EPA Residue 
    Chemistry Guidance'' (1994).
        In these trials, the maximum combined residues of lambda-
    cyhalothrin and epimer in or on leaf lettuce is 1.8 ppm.
        iii. Head and stem Brassica crop subgroup. No additional residue 
    crop field data were conducted for the head and stem Brassica crop 
    subgroup. The tolerance request is based on existing data and the 
    existing time-limited tolerances for combined residues of lambda-
    cyhalothrin and epimer in or the Brassica crops, cabbage, and broccoli 
    at 0.4 ppm.
        iv. Aspirated grain fractions. The existing tolerance for wheat 
    grain dust at 2.0 ppm is being revised to read ``aspirated grain 
    fractions'' at the same tolerance level. This change reflects Agency 
    policy to establish grain dust tolerances in terms of aspirated grain 
    fractions which include a mixture of all aspirated grains for which the 
    pesticide has a tolerance and is established at the highest current 
    tolerance for any grain dust.
        v. Poultry fat. Alfalfa forage, hay, meal and silage are animal 
    feed items for beef and dairy cattle. Alfalfa meal is a feed item for 
    poutry and swine. No feed items are involved with the proposed uses on 
    leaf lettuce and the head and stem Brassica crop subgroup. Based on 
    calculated realistic worst case secondary dietary burdens for animal 
    commodities, the maximum calculated residues expected for the fat of 
    poultry is 0.0225 ppm compared to the existing tolerance of 0.01 ppm.
    
    B. Toxicological Profile
    
        The following toxicity studies have been conducted to support the 
    request for a regulation for residues of lambda-cyhalothrin in or on 
    rice.
        1. Acute toxicity. Acute toxicity studies with the technical grade 
    of the active ingredient lambda-cyahothrin: oral LD50 in the 
    rat of 79 mg/kg (males) and 56 mg/kg (females), dermal LD50 
    in the rat of 632 mg/kg (males) and 696 mg/kg females, primary eye 
    irritation study showed mild irritation and primary dermal irritation 
    study showed no irritation.
        2. Genotoxicity. The following genotoxicity tests were all 
    negative: a gene mutation assay (Ames), a mouse micronucleus assay, an 
    in-vitro cytogenetics assay, and a gene mutation study in mouse 
    lymphoma cells.
        3. Reproductive and developmental toxicity. A 3-generation 
    reproduction study in rats fed diets containing 0, 10, 30, and 100 ppm 
    with no developmental toxicity observed at 100 ppm, the highest dose 
    tested. The maternal NOEL (no-observed effect level) and LOEL (lowest 
    observed effect level) for the study are established at 30 (1.5 mg/kg/
    day) and 100 ppm (5 mg/kg/day), respectively, based upon decreased 
    parental body weight gain. The reproductive NOEL and LOEL are 
    established at 30 (1.5 mg/kg/day) and 100 ppm (5 mg/kg/day), 
    respectively, based on decreased pup weight gain during weaning.
         A developmental toxicity study in rats given gavage doses of 0, 5, 
    10, and 15 mg/kg/day with no developmental toxicity observed under the 
    conditions of the study. The developmental NOEL is greater than 15 mg/
    kg/day, the highest dose tested. The maternal NOEL and LOEL are 
    established at 10 and 15 mg/kg/day, respectively, based on reduced body 
    weight gain.
        A developmental toxicity study in rabbits given gavage doses of 0, 
    3, 10, and 30 mg/kg/day with no developmental toxicity observed under 
    the conditions of the study. The maternal NOEL and LOEL are established 
    at 10 and 30 mg/kg/day, respectively based on decreased body weight 
    gain. The developmental NOEL is greater than 30 mg/kg/day, the highest 
    dose tested.
        4. Subchronic toxicity. A 90-day feeding study in rats fed doses of 
    0, 10, 50 and 250 ppm with a NOEL of 50 ppm and a LOEL of 250 ppm based 
    on body weight gain reduction.
        A 21-day study in rabbits exposed dermally to doses of 0, 10, 100, 
    and 1,000 mg/kg/day, 6 hours/day, 5 days/week with a systemic NOEL 
    >1,000 mg/kg/kg. There were no clinical signs of systemic toxicity at 
    any dose level tested.
        5. Chronic toxicity. A 12-month feeding study in dogs fed dose (by 
    capsule) levels of 0, 0.1, 0.5, 3.5 mg/kg/day with a NOEL of 0.1 mg/kg/
    day. The LOEL for this study is established at 0.5 mg/kg/day based upon 
    clinical signs of neurotoxicity.
        A 24-month chronic feeding/carcinogenicity study with rats fed 
    diets containing 0, 10, 50, and 250 ppm. The NOEL was established at 50 
    ppm and LOEL at 250 ppm based on reduced body weight gain. There were 
    no carcinogenic effects observed under the conditions of the study.
        A carcinogenicity study in mice fed dose levels of 0, 20, 100, or 
    500 ppm (0, 3, 15, or 75 mg/kg/day) in the diet for 2 years. A systemic 
    NOEL was established at 100 ppm and systemic LOEL at 500 ppm based on 
    decreased body weight gain in males throughout the study at 500 ppm. 
    The Agency has classified lambda-cyhalothrin as a Group D carcinogen 
    (not classifiable due to an equivocal finding in this study). It is 
    Zeneca's position that no treatment-related carcinogenic effects were 
    observed under the conditions of the study.
        6. Animal metabolism. Metabolism studies in rats demonstrated that 
    distribution patterns and excretion rates in multiple oral dose studies 
    are similar to single-dose studies. Accumulation of unchanged compound 
    in fat upon chronic administration with slow elimination. Otherwise, 
    lambda-cyhalothrin was rapidly metabolized and excreted. The metabolism 
    of lambda-cyhalothrin in livestock is also adequately understood for 
    the proposed use on alfalfa.
        7. Metabolite toxicology. The Agency has previously determined that 
    the metabolites of lambda-cyhalothrin are not of toxicological concern 
    and need not be included in the tolerance expression. Given this 
    determination, it is concluded that there is no need to discuss 
    metabolite toxicity.
    
    C. Aggregate Exposure
    
        1. Dietary exposure--i Food. For the purposes of assessing the 
    potential dietary exposure for all existing and pending tolerances for 
    lambda-cyhalothrin, Zeneca has utilized available information on 
    anticipated residues and percent crop treated. For all existing and 
    pending tolerances the Anticipated Residue Contribution (ARC) is 
    estimated at 0.000310 mg/kg/bwt/day.
        ii. Drinking water. Laboratory and field data have demonstrated 
    that lambda-cyhalothrin and its degradates are immobile in soil and 
    will not leach into groundwater. Other data show that lambda-
    cyhalothrin is virtually insoluble in water and extremely lipophilic. 
    As a result, residues reaching surface waters from field runoff will 
    quickly adsorb to sediment particles and be partitioned from the water 
    column. Together these data indicate that residues are not expected in 
    drinking water.
        2. Non-dietary exposure. Other potential sources of exposure are 
    from non-occupational sources such as structural pest control and 
    ornamental plant and lawn use of lambda-cyhalothrin. Zeneca has no data 
    upon which to estimate exposure from these
    
    [[Page 37246]]
    
    uses. However, given the extremely low vapor pressure of lambda-
    cyhalothrin (1.5 x 10-9 millimeters of Hg) and the low use 
    rates, it is anticipated that inhalation and dermal exposure from these 
    uses will be insignificant.
    
    D. Cumulative Effects
    
        At this time, Zeneca cannot make a determination based on available 
    and reliable information that lambda-cyhalothrin and other substances 
    that may have a common mechanism of toxicity would have cumulative 
    effects. Therefore for purposes of these tolerances it is appropriate 
    only to consider the potential risks of lambda-cyhalothrin in an 
    aggregate exposure assessment.
    
    E. Safety Determination
    
        The acceptable Reference Dose (RfD) based on a NOEL of 0.1 mg/kg/
    body weight/day from the chronic dog study and a safety factor of 100 
    is 0.001 mg/kg/body weight/day. A chronic dietary exposure/risk 
    assessment has been performed for lambda-cyhalothrin using the above 
    RfD. Available information on anticipated residues and percent crop 
    treated was incorporated into the analysis to estimate the Anticipated 
    Residue Contribution (ARC) for all existing and the proposed 
    tolerances. The ARC is generally considered a more realistic estimate 
    than an estimate based on tolerance level residues.
        1. US population. The ARC from established tolerances and the 
    current and pending actions are estimated to be 0.000310 mg/kg/bwt/day 
    and utilize 31.04 per cent of the RfD for the U.S. population.
        2. Infants and children. The ARC for children, aged 1 to 6 years 
    old, and nonnursing infants (subgroups most highly exposed) utilizes 60 
    and 67% of the RfD, respectively. Generally speaking, the Agency has no 
    cause for concern if anticipated residues contribution for all 
    published and proposed tolerances is less than the RfD.
    
    F. International Tolerances
    
        There are no Codex maximum residue levels [MRL] established for 
    residues of lambda-cyhalothrin in or on alfalfa hay, forage, leaf 
    lettuce, or Brassica crop subgroup. (George LaRocca)
    
    [FR Doc. 97-18256 Filed 7-10-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
07/11/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-18256
Dates:
Comments, identified by the docket control number PF-748, must be received on or before August 11, 1997.
Pages:
37234-37246 (13 pages)
Docket Numbers:
PF-748, FRL-5728-7
PDF File:
97-18256.pdf