97-20216. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
    [Notices]
    [Pages 41379-41386]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-20216]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-751; FRL-5732-4]
    
    
    Notice of Filing of Pesticide Petitions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: This notice announces the initial filing of pesticide 
    petitions proposing the establishment of regulations for residues of 
    certain pesticide chemicals in or on various food commodities.
    DATES: Comments, identified by the docket control number PF-751, must 
    be received on or before September 2, 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: By mail: Mary Waller, Acting (PM 21), 
    Registration Division (7505C), Office of Pesticide Programs, 
    Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
    Office location and telephone number: Rm. 265, CM #2, 1921 Jefferson 
    Davis Highway, Arlington, VA 22202, (703) 308-9354; e-mail: 
    waller.mary@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various 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-751] (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-751] and appropriate petition 
    number. Electronic
    
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    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 22, 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. AgrEvo USA Company
    
    PP 4E4384
    
        EPA has received a pesticide petition (PP 4E4384)from AgrEvo USA 
    Company, Little Falls Centre One, 2711 Centerville Rd., Wilmington, DE 
    19808, 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 fungicide (N-4,6-
    dimethylpyrimidin-2-yl) aniline expressed as pyrimethanil in or on the 
    raw agricultural commodity (RAC) grapes at 5.0 ppm, and the processed 
    food, raisins at 8.0 ppm.
    
    A. Residue Chemistry
    
        1. Metabolism. Numerous studies have been conducted to evaluate the 
    absorption, distribution, metabolism and/or excretion of pyrimethanil 
    in rats. These studies indicate that pyrimethanil is rapidly absorbed, 
    metabolized and excreted primarily through the kidneys; rats given an 
    oral dose of 1,000 mg/kg excrete over 95% of compound related products 
    in urine within 6 to 8 hours, studies in other species including the 
    dog and mouse show similar rapid and quantitative excretion profiles. 
    There is no evidence of any significant accumulation in tissues on 
    repeat dosing in rats.
        2. Analytical method. The nature of the residue in grapes is 
    adequately understood. The residue of concern is the parent compound 
    only. The proposed analytical method for determining residues of 
    pyrimethanil is high-pressure liquid chromatography, with a UV 
    detector. This method has adequate accuracy, precision and sensitivity 
    for this purpose. This method has been confirmed through an independent 
    laboratory validation.
        3. Magnitude of residues. Field residue and processing studies were 
    submitted from trials from the various countries of proposed use 
    including France, Germany, Italy, South Africa, Spain and Greece. These 
    data demonstrate that the proposed tolerance of 5.0 ppm will be 
    adequate to cover the residues in grapes or wine. Processing data show 
    that pyrimethanil residues in wine will not exceed the tolerance in the 
    RAC grapes. Data from residue trials in Chile reflecting the proposed 
    use pattern on table grapes also demonstrate that the proposed 
    tolerance of 5.0 ppm is adequate to cover the residues on fresh table 
    grapes. Processing data on raisins indicates that there is a 
    concentration factor of 1.6 and a tolerance of 8.0 ppm is proposed to 
    cover the residues of pyrimethanil in raisins. Residues in juice were 
    determined to be 70% of the residues in fresh grapes; therefore, the 
    tolerance on fresh grapes is sufficient to cover the potential residues 
    of pyrimethanil in grape juice.
    
    B. Toxicological Profile
    
        1. Acute toxicity. The acute rat oral LD50 of 
    pyrimethanil was 4.15 g/kg in males and 5.97 g/kg in females. The acute 
    rat dermal LD50 was  5.0 g/kg in both sexes. The 
    4-hour rat inhalation LC50 was >1.98 mg/L in males and in 
    females. Pyrimethanil was not irritating to rabbit skin and slightly 
    irritating to the rabbit eyes. Pyrimethanil did not cause skin 
    sensitization in guinea pigs. Based on these data, EPA has classified 
    pyrimethanil as Tox Category III for inhalation and oral toxicity, and 
    Tox Category IV for dermal toxicity, skin and eye irritation.
        2. Genotoxicty. No evidence of genotoxicity was noted in an 
    extensive battery of in vitro and in vivo studies. Negative studies 
    determined acceptable by EPA included an Ames Assay (S. typhimurium), 
    Gene mutation (E. coli), In vivo mouse micronucleus, in-vitro 
    chromosome analysis of cultured human lymphocytes and Unscheduled DNA 
    synthesis.
        3. Reproductive and developmental toxicity. A developmental 
    toxicity study was conducted in rats. The NOEL s for maternal and 
    developmental effects were determined by the EPA to be 85 mg/kg/day for 
    maternal toxicity and 1,000 mg/kg/day (limit dose) for developmental 
    effects. There were no teratogenetic or embryotoxic effects in fetuses 
    at 1,000 mg/kg/day.
        A developmental toxicity study in rabbits with a maternal NOEL of 7 
    mg/kg/day. The developmental NOEL was determined by the EPA to be 45 
    mg/kg/day.
        A 2-generation rat reproduction study was determined by the EPA to 
    have a reproductive and developmental NOEL of 23.1 mg/kg/day in males 
    and 27.4 mg/kg/day in females.
        4. Subchronic toxicity. A 90-day feeding study was conducted in 
    CRL:CD (SD) BR strain rats with a NOEL of 5.4 mg/kg/day.
        A 90-day study was conducted in beagle dogs with a NOEL of 6 mg/kg/
    day and a LOEL of 80mg/kg/day.
        5. Chronic toxicity. A 12-month dog study was determined by EPA to 
    have a NOEL of 30 mg/kg/day.
        A 2-year mouse oncogenicity study in CRL: CD-1 (ICR) BR with a NOEL 
    for systemic effects of 211 and 253 mg/kg/day for males and females, 
    respectively. At doses up to 1,600 ppm there was no evidence of 
    oncogenicity. The EPA concluded that the highest dose did not achieve 
    an MTD, however the EPA Peer Review Committee concluded that the data 
    were sufficient to classify the compound with respect to 
    carcinogenicity at this time.
        A combined chronic toxicity/oncogenicity study was conducted in 
    CRL:CD (SD) BR strain rats with a NOEL of 17 and 22 mg/kg/day for males 
    and females, respectively. Findings included increased thyroid 
    follicular cell adenomas in male and female rats. The EPA Peer Review 
    Committee concluded on February 11, 1997 that there was sufficient 
    evidence from the data provided to conclude that the thyroid tumors 
    were a result of disruption of the thyroid-pituitary status.
        6. Endocrine effects. There is no evidence from the data or 
    chemical structure that pyrimethanil causes endocrine effects other 
    than those already noted for the thyroid-pituitary-liver axis.
    
    C. Aggregate Exposure
    
        Dietary exposure. The aggregate exposure to pyrimethanil is limited 
    to dietary exposure only because no U.S. registrations are being 
    sought. A worst case estimate of the dietary exposure from the 
    tolerance on grapes results in a maximum theoretical exposure of 0.55% 
    of the reference dose for the U.S. population and a worst case 
    estiimate of 1.29% of the ADI for children 1-6 years old. This worst 
    case estimate assumes
    
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    that all diets contain grapes and grape products with the maximum 
    theoretical residue. In reality this will not be the case because in 
    commerce, only imported grapes and grape products have the potential 
    for residues. In addition, only a portion of the crop will actually be 
    treated and, under actual use conditions the residue will be much 
    smaller that the residue trials indicate. It can therefore be estimated 
    that the actual exposure to pyrimethanyl in the diet will be less than 
    0.1% of the ADI, or negligible from a dietary point of view.
    
    D. Cumulative Effects
    
        There is no evidence that the mechanism of toxicity of pyrimethanil 
    shares a common mechanism with any other pesticides. In addition, the 
    dietary exposure in grapes or grape products is negligible and 
    therefore, AgrEvo believes that even if it did share a common mechanism 
    with another product, pyrimethanil would not contribute in a 
    significant way to the overall risk.
    
    E. Safety Determination
    
        1. U.S. population --Reference dose. Based upon the results of the 
    oncogenicity studies, genotoxicity studies, structure-activity analysis 
    and studies on the effects of pyrimethanil on the thyroid-pituitary-
    liver axis, the EPA Peer Review Committee has concluded that 
    pyrimethanil should be classified as a category C with respect to 
    carcinogenicity and that a threshold methodology (MOE) should be 
    considered in conducting the risk assessment. The appropriate reference 
    dose is .3 mg/kg/day based upon the NOEL in the chronic oral dog study 
    with a 100 fold safety factor. This reference dose is adequate to 
    protect infants and children and based upon the data there is no need 
    for an additional safety factor.
        2. Infants and children. It is proposed that an additional 10X 
    safety factor is not required for pyrimethanil. The toxicology data are 
    complete and there is no evidence of increased sensitivity to young 
    animals. Therefore, a 100X safety factor should be sufficient and 
    protective of the health of adults, infants and children.
    
    F. International Tolerances
    
        At the present time there are no Mexican, Canadian or Codex maximum 
    residue limits for pyrimethanil in or on grapes. Therefore 
    compatibility is not an issue.
    
    2. Griffin Corporation
    
    PP 5F4582
    
        EPA has received a pesticide petition (PP 5F4582) from Griffin 
    Corporation, P.O. Box 1847, 2509 Rocky Ford Road, Valdosta, GA 31603-
    1847 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 maneb, mancozeb and their 
    metabolite ethylenethiourea (ETU) in or on the raw agricultural 
    commodity walnuts at 0.05 parts per million (ppm). An adequate 
    analytical method is available for enforcement purposes. EPA has 
    determined that the petition contains data or information regarding the 
    elements set forth in section 408(d)(2) of the FFDCA; however, EPA has 
    not fully evaluated the sufficiency of the submitted data at this time 
    or whether the data supports granting of the petition. Additional data 
    may be needed before EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant metabolism. Residue tolerances are established for maneb 
    and mancozeb at 40 CFR 180.110 and 40 CFR 180.176, respectively. It is 
    well known that the key metabolite of toxicological concern is 
    ethylenethiourea (ETU). Ethylenebisdithiocarbamate (EBDC), including 
    maneb and mancozeb are not systemic in plants; therefore, EBDC and ETU 
    residues that might be found on walnut nutmeats would then occur as a 
    surface residue transferred at the time of harvesting or shelling 
    operations.
        2. Analytical method. An adequate analytical method is available 
    for enforcement purposes. The method describes gas chromatographic 
    procedures and appropriate limits of quantitation. In general, maneb 
    and mancozeb residues are measured by digesting the crop component with 
    acid, which converts the EBDC to carbon disulfide. The carbon disulfide 
    residues are measured to determine the level of EBDC residue. ETU 
    residues are measured by extraction from the crop and analysis by high 
    pressure liquid chromatography or by extraction, formation of a 
    derivative, and measurement of the derivative by gas chromatography.
        3. Magnitude of residues. Residues of maneb and mancozeb in walnut 
    meat samples ranged from just below to just above the limit of 
    quantitation (0.01 ppm). The ETU metabolite was not detected in any 
    samples analyzed (limit of quantitation was 0.01 ppm).
    
    B. Toxicological Profile
    
        1. Acute toxicity. Maneb and mancozeb are virtually non-toxic after 
    administration by the oral, dermal and respiratory routes.
        i. Maneb. The acute oral LD50 for rats is 6,750 mg/kg. 
    The acute dermal LD50 for rabbits > 2,000 mg/kg and for rats 
    > 5,000 mg/kg. Acute inhalation LC50 for rats > 1.30 mg/l. 
    Maneb is classified as a slight irritant to skin and eye irritation in 
    rabbits clears in 7 days. Maneb has been classified as a sensitizer in 
    guinea pigs.
        ii. Mancozeb. The acute oral LD50 in mice and rats is 
    >5,000 mg/kg. The acute dermal LD50 in rats is >5,000 mg/kg. 
    Mancozeb was not significantly toxic to rats after a 4-hour inhalation 
    exposure, with an LD50 value of > 5.14 mg/L. Mancozeb is 
    classified as not irritating to skin on initial contact and is a 
    moderate eye irritant. It has been classified as not a sensitizer in 
    the Buehler test.
        iii. ETU. The mouse acute oral LD50 is 4,000 mg/kg/day 
    and the rat acute oral LD50 is 545 mg/kg/day. ETU is a 
    moderate to weak sensitizer.
        2. Genotoxicty. Regarding genotoxicity, maneb and mancozeb have 
    been adequately tested in a wide variety of in vitro and in vivo 
    mutagenicity tests. Although EPA believes maneb and mancozeb have some 
    genotoxic potential, and the World Health Organization (WHO) has said 
    the evidence for genotoxicity is equivocal, Griffin is informed that 
    the well-conducted scientifically valid studies demonstrate mancozeb is 
    not genotoxic in mammalian systems. Mancozeb is negative in the Ames 
    test and negative in vitro and in vivo somatic and germ cell tests. It 
    did not induce unscheduled DNA synthesis (UDS). These same conclusions 
    would be expected to apply to maneb. In fact, the FAO and WHO concluded 
    ``that maneb is not genotoxic.''
        The WHO reviewed the genotoxicity of ETU in 1993 and concluded that 
    ETU is not genotoxic in mammalian systems. EPA has classified ETU as 
    being weakly genotoxic, at most.
        3. Reproductive and developmental toxicity. Maneb and mancozeb do 
    not produce birth defects and are not toxic to the developing fetus at 
    doses below those which are toxic to the mother.
        i. Maneb. The 1993 FAO/WHO Toxicology Evaluations summarized two 
    rat studies as follows: NOAEL - 20 mg/kg/day, LOAEL - 100 mg/kg/day 
    (LOAEL effects being decreased maternal body weight gain and food 
    consumption; embryofetoxicity); NOAEL - 100 mg/kg/day, LOAEL 500
    
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    mg/kg/d (LOAEL effects being decreased maternal body weight gain and 
    food consumption, embryofetotoxicity and teratogenicity).
        ii. Mancozeb. The mancozeb maternal no observable effect level 
    (NOEL) was established at 30-32 mg/kg/day in rats and rabbits. The 
    fetal NOEL is 128 mg/kg/day in rats and > 80 mg/kg/day in rabbits. The 
    parental no observable adverse effect level (NOAEL) was 120 ppm (7.0 
    mg/kg/day) in a 2-generation reproduction study in rats. Mancozeb had 
    no effect on reproduction, on the microscopic appearance of the 
    reproductive organs, or on neonatal survival or growth below adult 
    toxic levels in appropriate studies.
        iii. ETU. In a 2-generation rat reproduction study, the ETU 
    parental NOEL was 2.5 ppm, or 0.11-0.43 mg/kg/day, and there were no 
    reproductive effects. The developmental toxicity of ETU has been 
    studied in six species and the results are species-specific. ETU did 
    not produce developmental effects in mice (NOEL-100 mg/kg/day), rabbits 
    (NOEL-40 mg/kg/day), guinea pigs, or cats. In hamsters, the NOEL was 
    100 mg/kg/day. In rats, the maternal NOEL was 50 mg/kg/day, with a 
    fetal NOEL of 5-15 mg/kg/day.
        4. Chronic toxicity. The chronic toxicity of the EBDCs is driven by 
    its metabolite ETU. The primary effects are on the pituitary-thyroid-
    liver axis.
        i. Maneb. While the EPA Maneb Chemical Fact Sheet does not include 
    chronic toxicology information due to data gaps at the time of 
    publication, combined chronic-oncogenic long-term studies are 
    summarized in the 1993 FAO/WHO Toxicology Evaluations: NOAEL - 20 mg/
    kg/day, LOAEL - 67 mg/kg/day (LOAEL effects: decreased body weight, T4; 
    increased 131I half-life, thyroid weight).
        ii. Mancozeb. In a 2-year combined chronic toxicity/oncogenicity 
    study in the rat, the NOEL was 125 ppm (4.8 mg/kg/day) based on thyroid 
    effects. An increased incidence of thyroid tumors was seen at the 
    highest dose of 750 ppm. These effects are likely due to ETU exposure 
    resulting from bioconversion of mancozeb in the rat. This is consistent 
    with the toxicology of ETU, which is described below. In comparison 
    with laboratory animals, humans are expected to exhibit a lesser degree 
    of sensitivity to thyroid inhibitors because humans possess a 
    substantial reserve supply of thyroid hormone, much of it carried in 
    serum bound to thyroxine-binding globulin. This protein is missing in 
    rodents. Additionally, there is a threshold effect for thyroid tumors 
    and the levels of human exposure are well below those that produced 
    tumors in the rat study. The WHO concluded that the data support an RfD 
    for mancozeb of 0.05 mg/kg/day based on this study. An EBDC group ADI 
    of 0.03 mg/kg/day was established by the WHO in 1993.
        In an 18-month mancozeb combined chronic toxicity/oncogenicity 
    study in the mouse, the NOEL was 1,000 ppm, or 13 mg/kg/day. No tumors 
    were seen in any dose in this study. In a 1-year dog feeding study, the 
    NOEL was 200 ppm, or 7.8 mg/kg/day.
        In a 21-day mancozeb dermal toxicity study in the rat, the NOEL was 
    1,000 mg/kg/day, with no effects seen at the limit dose. Respiratory 
    administration to rats for 13 weeks decreased body weights and serum T4 
    levels, and induced thyroid hyperplasia. All effects were reversible 
    after 13 weeks of post-exposure recovery.
        iii. ETU. In an 18-month mouse feeding study for ETU by the 
    National Toxicology Program (NTP), the NOEL was 100 ppm, or 17 mg/kg/
    day. Tumors of the liver, thyroid, and pituitary were seen at 330 and 
    1,000 ppm. A 2-year rat feeding chronic/oncogenicity study established 
    a NOEL of 5 ppm, or 0.37 mg/kg/day. Tumors were seen in the thyroid and 
    pituitary. The WHO established an RfD of 0.004 mg/kg/day based on these 
    data.
        5. Carcinogenicity. Prolonged ingestion of ETU at very high levels 
    has caused thyroid and pituitary tumors in rats and mice and an 
    increase in liver tumors in mice. Thyroid tumors were also formed when 
    mancozeb was fed to rats at high doses (750 ppm) for long periods of 
    time. It is generally accepted that these tumors result from ETU 
    formation in the rat from feeding high doses of mancozeb. Because 7.5 
    percent of EBDC is converted to ETU in rats, feeding 750 ppm of EBDC 
    can produce enough ETU to cause tumors in these animals. No 
    carcinogenic effects were seen from feeding maneb and mancozeb to mice.
        ETU is classified as a B2 oncogen with a Q* of 0.06 (mg/
    kg/day)-1. Maneb and mancozeb are also classified as 
    B2 oncogens because of ETU.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. The consumer exposure to EBDC and ETU residues 
    was measured in a market basket survey during an EPA Special Review 
    which concluded in 1992. The data showed that aggregate ETU exposure 
    from all current uses is less than 50% of the RfD. More specifically, 
    Griffin residue data show no detectable residues of ETU on walnuts. 
    Even if low levels of residues were present, mean per capita 
    consumption of walnuts is negligible. USDA dietary consumption data 
    from 1977-78 indicates that it is 0.0048243 g/kg bw/day for the U.S. 
    general population. Moreover, there is no concern with identifiable 
    subpopulations (see infants and children consumption).
        FQPA requires EPA to use ``available information'' to consider 
    risks to infants and children before establishing a tolerance. 
    Available information demonstrates that dietary exposures to infants 
    and children from walnuts is immaterial; furthermore, there are also no 
    processed food uses for walnuts.
        2. Drinking water. Maneb and mancozeb have no tendency to 
    contaminate groundwater or drinking water because they degrade rapidly 
    in soil and water, have low solubility in water, and are absorbed to 
    soil. Although the water solubility of ETU is relatively high, ETU is 
    not expected to contaminate groundwater for several reasons. First, ETU 
    is only present in the soil as the result of degradation of the parent 
    EBDCs (maneb or mancozeb), and it is being degraded at the same time it 
    is being formed. Thus, the ETU concentration will always be low. 
    Second, the degradation of ETU is rapid, thus it will degrade before it 
    can move.
        Data from laboratory studies and field dissipation studies have 
    been integrated in computer modeling studies to predict the movement of 
    maneb and mancozeb and ETU in California from EBDC applications on 
    tomatoes and pears (mancozeb only) using the USDA GLEAMS model, which 
    accounts for degradation products as well as the parent. The model 
    predicts that there would be no measurable residues near the bottom of 
    the rooting zone of tomatoes and pears, even with a heavy amount of 
    simulated rainfall. Therefore, the model predicts that maneb, mancozeb 
    and ETU will not leach into groundwater. The modeling predictions are 
    consistent with the fact that EBDCs and ETU degrade rapidly in soil and 
    with the results of actual field dissipation studies.
        The most direct evidence that ETU will not contaminate groundwater 
    comes from an extensive review of actual groundwater samples that have 
    been analyzed for ETU. In EPA's own National Pesticide Survey, only one 
    well out of 1,295 samples had an ETU residue. There were no measurable 
    ETU residues in community wells, with a sensitivity of 0.0045 ppm. The 
    one residue was in an area where EBDC fungicides are not heavily used. 
    Analysis of nearly 100 additional samples in state surveys did not show 
    any confirmed residues of ETU, even in
    
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    vulnerable areas such as Florida, Maine and New York.
        Specific to walnuts which are grown almost exclusively in 
    California, the California Environmental Protection Agency's Pesticide 
    Well Inventory Database reveals extensive annual sampling for maneb and 
    ETU during the period August 15, 1984 to September 29, 1994, but only 
    one ETU detect (10 years ago in 1987) at 0.725 ppb. After not finding 
    ETU for decade, CDPR ceased testing for EBDCs.
        Additionally, maneb, mancozeb and ETU degrade rapidly in natural 
    water/sediment systems. Thus, ETU is not likely to be present in 
    drinking water from natural surface water systems.
        3. Non-dietary exposure. Mancozeb is labeled for application to 
    residential lawns only by commercial applicators, and both maneb and 
    mancozeb are labelled for ornamentals and vegetables by homeowners or 
    professional applicators. Mancozeb products are commonly applied to 
    golf course greens to control a broad complex of turf diseases. 
    Application to golf course fairways is less common. There are no 
    reliable data to assess the exposure from these uses.
        Any acute exposures to children would come from oral or dermal 
    exposure. As previously discussed, maneb and mancozeb are not orally or 
    dermally acutely toxic. Furthermore, golf is not played by infants or 
    children; therefore, no exposure to infants and children would be 
    expected. Thus, there is a reasonable certainty that no harm would 
    occur to infants or children from these uses. Regardless, there are no 
    non-occupational exposures associated with walnut uses.
    
    D. Cumulative Effects
    
        The toxicological effects from maneb and mancozeb are due to ETU. 
    Other EBDC fungicides, including metiram and zineb are also converted 
    to ETU. The EBDC fungicides have been extensively reviewed by the US-
    EPA as part of a Special Review which was concluded in 1992 with 
    publication of the PD4 document. These fungicides were regulated 
    against their common metabolite, ETU, and use restrictions were enacted 
    as part of the conclusion of the Special Review. As a result, common 
    mode of action has received considerable evaluation by the Agency and 
    currently approved risk levels have already accommodated any potential 
    concerns.
    
    E. Safety Determination
    
        1. U.S. population. DRES analyses for the U.S. general population 
    show vanishingly small oncogenic risks from combined maneb and ETU 
    residues on walnuts (reflective of mancozeb, as well, since 100% maneb 
    application assumed for calculation). The Combined Oncogenic Risk for 
    Maneb and ETU Residues for the U.S. population 48 states subgroup is 
    1.7 x 10-9 (ETU Oncogenic Risk). The general U.S. population 
    oncogenic risk with consumption of walnuts is essentially no different 
    than the risk without walnut consumption. An ETU oncogenic risk of 
    10-9 is three orders of magnitude below the FQPA standard, 
    again a negligible contribution.
        The RfD of ETU will not be exceeded. In concluding that EBDC 
    Special Review, EPA calculated that the 45 crops on the EBDC labels 
    occupied 47% of the RfD for the general population using a safety 
    factor of 3,000, resulting in an RfD of 0.00008 mg/kg/day (established 
    in 1988). With a new complete database, the WHO established a reference 
    dose of 0.004 mg/kg/day. Because the WHO evaluation used all recently 
    developed data, Griffin believes their number is appropriate. With this 
    RfD and with addition of turnips, mustard greens, and collards to the 
    maneb label since the Special Review ended, the dietary exposure to ETU 
    will utilize less than 2% of the RfD. The incremental RfD utilized for 
    the U.S. general population by walnut uses, a fractional 
    0.71x10-3, is so minute it does not change this number. The 
    total percent RfD utilized by all uses, including addition of walnuts, 
    is well below the 100% RfD level, and is not perceptibly changed by 
    addition of walnut uses.
        The sole acute risk would be for women of childbearing age. In 
    concluding the EBDC special review, EPA calculated that the Margin of 
    Exposure (MOE) for mancozeb would be 4, 985 based on field trial data 
    and concluded the margin would be adequate. The MOE would be even 
    higher based on the consumer exposure data from the market basket 
    survey. Thus, there is adequate safety for this group. Because walnuts 
    have such a low dietary consumption, it will not add to the exposure. 
    Thus, there is a reasonable certainly that no harm will result from 
    EBDC uses generally, and walnut uses specifically.
        EPA has previously determined that the dietary risk from ``all EBDC 
    treated crops combined'' is acceptable; this summary of exposure and 
    toxicological safety shows that use of maneb and mancozeb on walnuts 
    will not materially increase that risk. FQPA anticipates that 
    tolerances will be reviewed over the next decade. (See FFDCA sections 
    408 (b)(2)(E)(ii) and 408(q)). The Agency should issue the walnut time-
    limited tolerances on maneb and mancozeb now, since this process will 
    provide the opportunity for the Agency to visit any broader questions 
    that may arise in the future as to the tolerances at issue.
        2. Infants and children. As with the U.S. general population, there 
    is no concern with identifiable subpopulations. The consumption figures 
    for walnuts are: U.S. general population -- 0.0048243 g/kg bw/day; non-
    nursing infants -- 0.0029131 g/kg bw/day, children 1-6 -- 0.0133432 g/
    kg bw/day, and children 7-12 --- 0.0087970 g/kg bw/day. Available 
    information demonstrates that exposures to infants and children from 
    walnuts is immaterial. In addition, there are no processed food uses 
    for walnuts. Thus, the raw crop's dietary impact for children is de 
    minimis. In fact, the PD4 separate dietary analysis for children and 
    infants that considered far more extensive uses than walnuts found 
    risks no greater than those of the general population, even when 
    overstated by calculations using an unrealistic lifetime exposure. 
    Specifically, EPA calculated the dietary risk to infants and children 
    from the allowed 45 uses to be 3.7 x 10-9 and 2.6 
    x10-8, respectively, adjusted for a revised Q* of 0.06 (mg/
    kg/day)-1. [57 FR 7521 March 2, 1992] With addition of the 
    greens uses, the risks to these subgroups is still less than 
    1x10-7.
        DRES analyses for infants and children show vanishingly small 
    oncogenic risks from combined maneb and ETU residues on walnuts 
    (reflective of mancozeb, as well, since 100% maneb application assumed 
    for calculation). The Combined Oncogenic Risk for Maneb and ETU 
    Residues (ETU Oncogenic Risk) for the subgroups: U.S. population 48 
    states -- 1.7 x 10-9; Non-nursing infants < 1="" yr="" (1="" yr="" lifetime="" corrected)="" --="" 1.4="" x="">-11; Children 1-6 years (6 yr 
    lifetime corrected) -- 4.0 x 10-10; Children 7-12 years (6 
    yr lifetime corrected) -- 2.6 x 10-10. The incremental 
    oncogenic risk for infants and children is well below the 
    1x10-6 FQPA standard of ``reasonable certainty of no harm.'' 
    Non-nursing infants at 10-11 are five orders of magnitude 
    below this standard. Even the highest children's group (1-6 years old) 
    at 10-10 is an infinitesimal four orders of magnitude lower 
    than the standard.
        The Agency also estimated that the 45 crops allowed at the end of 
    the special review occupied less than 50% of the RfD of 0.00008 mg/kg/
    day for infants and children. With addition of greens and use of the 
    WHO ETU ADI of 0.004
    
    [[Page 41384]]
    
    mg/kg/day, ETU utilizes less than 2% of the ADI for infants and 
    children.
        The reproductive and developmental toxicity does not require 
    additional safety factors because the database for maneb, mancozeb and 
    ETU is complete. Furthermore, the NTP evaluated the toxicity of the ETU 
    in utero in rats and mice and found that there was no significant 
    increase in toxicity, with the exception of a slight increase in rat 
    thyroid tumors, which have a threshold effect. Thus, prenatal and 
    postnatal exposure does not lead to increased sensitivity in infants 
    and children, and there is no evidence that ETU would present only 
    unusual or disproportionate hazard to infants and children. Therefore, 
    there is no need to impose an additional safety factor for infants and 
    children.
        FQPA anticipates that tolerances will be reviewed over the next 
    decade. (See FFDCA sections 408 (b)(2)(E)(ii) and 408(q)). This process 
    will provide the opportunity for the Agency to visit any broader 
    questions that may arise in the future as to the tolerances at issue.
    
    F. International Tolerances
    
        There is no Codex MRL for walnuts. Codex has established MRLs for 
    the dithiocarbamate group, including maneb and mancozeb, on 21 crops 
    and proposed MRLs on 29 additional substrates.
    
    3. Rohm and Haas Company
    
    PP 2E4141
    
        EPA has received a pesticide petition (PP 2E4141) from Rohm and 
    Haas Company, 100 Independence Mall West, Philadelphia, PA 19106-2399 
    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 an import tolerance for residues of the fungicide 
    myclobutanil and free and bound forms of its metabolite in or on the 
    raw agricultural commodity bananas at 4.0 parts per million (ppm) in 
    the whole fruit (0.8 ppm in edible portion). An adequate analytical 
    method is available for enforcement purposes. EPA has determined that 
    the petition contains data or information regarding the elements set 
    forth in section 408(d)(2) of the FFDCA; however, EPA has not fully 
    evaluated the sufficiency of the submitted data at this time or whether 
    the data supports granting of the petition. Additional data may be 
    needed before EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The metabolism of myclobutanil in plants is 
    well understood. The chemical identities of probable plant residues 
    resulting from the use of myclobutanil on bananas have been elucidated. 
    The major metabolite is alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-
    1H-1,2,4-triazole-1-propanenitrile. Analyses indicate that the majority 
    of the residue is located on the banana peel.
        2. Analytical method. Myclobutanil residues, parent plus free and 
    bound alcohol metabolites, are measured at an analytical sensitivity of 
    0.01 mg/kg in most crops by extraction of samples, partitioning into an 
    organic solvent, clean up on silica gel, and GLC using nitrogen 
    specific thermionic detection. Myclobutanil residues in animal 
    commodities are measured in essentially the same manner with the 
    additional diol metabolite in milk.
        3. Magnitude of residues. The residue levels found on banana peel 
    ranged between 1.02 and 1.62 ppm at a 200 ppm application rate and 
    between 1.32 and 3.77 ppm at a 400 ppm application rate. In general, 
    the average total residues in the edible pulp were a small percentage 
    (5.8 to 7.8%) of the average total residues in the peel.
    
    B. Toxicological Profile
    
        1. Acute toxicity. Myclobutanil is essentially non-toxic after 
    administration by the oral, dermal and respiratory routes. Myclobutanil 
    is not irritating to skin (Draize score = 0), slightly irritating to 
    the eyes (mean irritation score = 0), and it is not a sensitizer. The 
    highest EPA acute toxicity category is III based on ocular irritation. 
    No evidence exists regarding differential sensitivity of children and 
    adults to acute exposure.
        2. Genotoxicity. A reverse mutation assay (Ames), point mutation in 
    CHO/HGPRT cells, in vitro and in vivo (mouse) cytogenetic assays, 
    unscheduled DNA synthesis, and a dominant-lethal study in rats were 
    conducted. All were negative for mutagenic effects.
        3. Reproductive and developmental toxicity. In assessing the 
    potential for additional sensitivity of infants and children to 
    residues of myclobutanil, data were considered from developmental 
    toxicity studies in the rat and rabbit and a 2-generation reproduction 
    study in the rat. The developmental toxicity studies are designed to 
    evaluate adverse effects on the developing organism resulting from 
    pesticide exposure during prenatal development to one or both parents. 
    Reproduction studies provide information relating to effects from 
    exposure to the pesticide on the reproductive capability of mating 
    animals and data on systemic toxicity.
        From the rat developmental study, the maternal (systemic) no-
    observed-effect level (NOEL) was 93.8 mg/kg/day, based on rough hair 
    coat, and salivation at the lowest-observed effect level (LOEL) of 
    312.6 mg/kg/day. The developmental (pup) NOEL was 93.8 mg/kg/day, based 
    on increased incidences of 14th rudimentary and 7th cervical ribs at 
    the LOEL of 312.6 mg/kg/day. From the rabbit developmental study, the 
    maternal (systemic) NOEL was 60 mg/kg/day, based on reduced weight 
    gain, clinical signs of toxicity and abortions at the LOEL of 200 mg/
    kg/day. The developmental (pup) NOEL was 60 mg/kg/day, based on 
    increases in number of resorptions, decreases in litter size, and a 
    decrease in the viability index at the lowest effect level (LEL) of 200 
    mg/kg/day.
        From the rat reproduction study, the maternal (systemic) NOEL was 
    2.5 mg/kg/day, based on increased liver weights and liver cell 
    hypertrophy at the LOEL of 10 mg/kg/day. The developmental (pup) NOEL 
    was 10 mg/kg/day, based on decreased pup body weight during lactation 
    at the LEL of 50 mg/kg/day. The reproductive (parental) NOEL was 10 mg/
    kg/day, based on increased incidence of stillborns, and atrophy of the 
    testes, epididymides, and prostate at the LEL of 50 mg/kg/day.
        4. Chronic toxicity. In 2-year combined chronic toxicity/
    oncogenicity studies in rats and 18-month oncogenicity studies in mice, 
    the overall NOEL was 80 ppm (2.49 mg/kg/day) based on decreased body 
    weight, and liver and testicular atrophy. In a 1-year chronic toxicity 
    study in dogs, the NOEL was 3.83 mg/kg/day based on hepatotoxicity. The 
    LOEL was 14.3 mg/kg/day. The Reference Dose (RfD) of 0.025 mg/kg/day 
    was established by the Agency based on the chronic feeding study in 
    rats with a NOEL of 2.5 mg/kg/day and an uncertainty factor of 100. 
    There was testicular atrophy at the lowest effect level (LEL) of 9.9 
    mg/kg/
        Twenty four-month rat and 18-month mouse chronic feeding/
    carcinogenicity studies with myclobutanil produced no statistically 
    significant increase in the incidence of combined, benign or malignant 
    tumors. Worst-case estimates of dietary intake of myclobutanil in human 
    adults and children indicate effects on the liver will not occur, thus 
    there is a reasonable certainty of no harm. Using its Guidelines for 
    Carcinogen Risk Assessment published September 24, 1986, EPA has 
    classified myclobutanil as a Group E chemical (no evidence of 
    carcinogenicity for humans) based on the results of carcinogenicity
    
    [[Page 41385]]
    
    studies in two species. The doses tested were adequate for identifying 
    a cancer risk.
        5. Animal metabolism. The metabolism of myclobutanil in animals is 
    adequately understood for the purposes of this tolerance.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. Established U.S. tolerances for myclobutanil 
    and its metabolites are found in 40 CFR 180.443, and range from 0.02 
    ppm for cotton seed and eggs to 5.0 ppm for cherries (sweet and sour). 
    There are no livestock feed items associated with the proposed use on 
    bananas, so no additional livestock dietary burden will result from 
    this registration. Therefore, existing meat, milk and poultry 
    tolerances are adequate.
        For the purposes of assessing the potential dietary exposure under 
    this petition, the estimated aggregate exposure was based on the 
    theoretical maximum residue contribution (TMRC) from the tolerances for 
    myclobutanil on all registered uses plus banana pulp, the edible 
    portion of whole bananas, at 0.8 ppm. The tolerance for myclobutanil on 
    bananas (whole fruit) is 4.0 ppm. The TMRC is obtained by multiplying 
    the tolerance level residues for banana pulp by the consumption data 
    which estimates the amount of bananas and other products eaten by 
    various population subgroups.
        The RfD based on the 2-year rat chronic feeding study (NOEL of 2.49 
    mg/kg bwt/day) and using a hundred-fold uncertainty factor is 
    calculated to be 0.025 mg/kg bwt/day. The TMRC from previously 
    established tolerances and tolerances established here is 0.003286 mg/
    kg bwt/day for the general population and utilizes 13.1% of the RfD. 
    The percentage of the RfD for the most highly exposed subgroup, non-
    nursing infants (less than 1 year old) is 72.3%. The TMRC was 
    calculated based on the assumption that myclobutanil occurs at the 
    maximum legal limit in all of the dietary commodities for which 
    tolerances are proposed. Even with this probable large overestimate of 
    exposure/risk, the TMRC is well below the RfD for the population as a 
    whole and for each of the 22 subgroups considered.
        Thus, the dietary risk from exposure to myclobutanil appears to be 
    minimal for the use on bananas. In conducting this exposure assessment, 
    very conservative assumptions (100% of bananas will contain 
    myclobutanil residues and those residues would be at the level of the 
    tolerance) were made which results in an overestimate of human 
    exposure. Thus, in making a safety determination for these tolerances, 
    this conservative exposure assessment is taken into account.
        2. Drinking water. Myclobutanil will not contaminate groundwater or 
    drinking water because of its adsorptive properties on soil, solubility 
    in water, and degradation rate. Data from laboratory studies and field 
    dissipation studies have been used in the USDA PRZM/GLEAMS computer 
    model to predict the movement of myclobutanil. The model predicts that 
    myclobutanil will not leach into groundwater, even if heavy rainfall is 
    simulated. The modeling predictions are consistent with the data from 
    environmental studies in the laboratory and the results of actual field 
    dissipation studies. There are no data on passage of myclobutanil 
    through water treatment facilities and there are no State water 
    monitoring programs which target myclobutanil.
        Based on the available studies used in the assessment of 
    environmental risk, it is not anticipated that there will be exposure 
    to residues of myclobutanil in drinking water. Review of terrestrial 
    field dissipation data indicated that myclobutanil did not leach into 
    groundwater in either sandy loam or coastal soil. There is no 
    established Maximum Concentration Level for residues of myclobutanil in 
    drinking water. No drinking water health advisories have been issued 
    for myclobutanil. The ``Pesticides in Groundwater Database'' has no 
    information concerning myclobutanil. Based on the available data, the 
    Agency does not anticipate that there will be significant exposure to 
    the general population from myclobutanil residues in drinking water. 
    Since myclobutanil is unlikely to leach into groundwater, there is no 
    increased risk from this source.
        3. Non-dietary exposure. EPA has not provided Rohm and Haas Company 
    with an estimate of non-occupational exposure for myclobutanil, 
    however, there are no products registered in the United States for 
    home-owner use which contain myclobutanil. While this does not preclude 
    potential exposure, the market channels for home-owner products do not 
    contain myclobutanil. This makes the potential for non-occupational 
    exposure to the general population essentially nil and the contribution 
    from this source is not expected to be significant.
    
    D. Cumulative Effects
    
        EPA is aware of and has considered the potential for cumulative 
    effects of myclobutanil and other substances that have a common 
    mechanism of fungicidal activity. These are commonly designated as the 
    DMI fungicides. The Rohm and Haas Company, other producers, University 
    advisors, economic consultants, and the EPA are well aware of the 
    existing national IPM and resistance management programs for these 
    fungicides which strongly discourage the use of multiple products 
    either concomitantly or in succession within the same season. The 
    activities within these highly publicized programs and the Fungicide 
    Resistance Action Committee, which monitors fungal resistance on an 
    annual basis, support the conclusion that overlapping use of DMI 
    fungicides on the same crop are unlikely. In addition, Rohm and Haas 
    Company is not aware of any toxicological data available to EPA or to 
    the producers which suggest that there is a common mechanism of 
    mammalian or ecological toxicity among these fungicidal products. 
    Therefore, it is reasonable to conclude that EPA has reliable 
    information to indicate that toxic effects produced by myclobutanil 
    should not be considered to be cumulative with those of any other 
    chemical compounds. Thus, consideration of a common mechanism of 
    toxicity for these fungicidal products is not appropriate at this time. 
    EPA should consider only the potential risks of myclobutanil in its 
    aggregate exposure assessment.
    
    E. Safety Determination
    
        1. U.S. population. Using the conservative exposure assumptions 
    described above, based on the completeness and reliability of the 
    toxicity data, it was concluded that aggregate exposure to myclobutanil 
    will utilize 13.1% of the RfD for the U.S. population. EPA generally 
    has no concern for exposures below 100% of the RfD because the RfD 
    represents the level at or below which daily aggregate dietary exposure 
    over a lifetime will not pose appreciable risks to human health. It is 
    therefore concluded that there is a reasonable certainty that no harm 
    will result from aggregate exposure to myclobutanil residues.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of myclobutanil, data 
    were considered from developmental toxicity studies in the rat and 
    rabbit and a 2-generation reproduction study in the rat. The 
    developmental toxicity studies are designed to evaluate adverse effects 
    on the developing organism resulting from pesticide exposure during 
    prenatal development to one or both parents. Reproduction studies 
    provide information relating to effects from exposure to the pesticide 
    on the
    
    [[Page 41386]]
    
    reproductive capability of mating animals and data on systemic 
    toxicity.
        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. Further, for the chemical myclobutanil, the NOEL at 2.5 mg/
    kg/day from the rat study, which was used to calculate the RfD, is 
    already lower than the NOELs from the developmental studies in rats and 
    rabbits by a factor of approximately 4-fold.
        The effects observed in the reproductive toxicity study suggest 
    that there is no unique sensitivity for infants and children. 
    Therefore, the data support a conclusion that an additional uncertainty 
    factor is not warranted and that the RfD at 0.025 mg/kg/day is 
    appropriate for assessing aggregate risk to infants and children.
        Using the conservative exposure assumptions described above, it was 
    concluded that the percent of the RfD that will be utilized by 
    aggregate exposure to residues of myclobutanil ranges from 13.1% for 
    adults up to 72.3% for non-nursing infants. Therefore, based on the 
    completeness and reliability of the toxicity data and the conservative 
    exposure assessment, EPA has already published a conclusion which 
    indicates that there is a reasonable certainty that no harm will result 
    to infants and children from aggregate exposure to myclobutanil 
    residues.
    
    F. International Tolerances
    
        There are Codex maximum residue levels (MRL) established for 
    residues of myclobutanil for apricot, cherry, peach, plum/prune 
    (fresh), prune (dried), grapes, apples, and pears. Rohm and Haas 
    company has proposed modifications to the current CXL for stone fruits 
    only to accommodate US GAP.
    [FR Doc. 97-20216 Filed 7-31-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
08/01/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-20216
Dates:
Comments, identified by the docket control number PF-751, must be received on or before September 2, 1997.
Pages:
41379-41386 (8 pages)
Docket Numbers:
PF-751, FRL-5732-4
PDF File:
97-20216.pdf