Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food

Note: EPA no longer updates this information, but it may be useful as a reference or resource.
 [Federal Register: July 13, 2000 (Volume 65, Number 135)]
[Notices]
[Page 43326-43329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy00-91]

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ENVIRONMENTAL PROTECTION AGENCY

[PF-952; FRL-6592-9]


Notice of Filing a Pesticide Petition to Establish a Tolerance
for a Certain Pesticide Chemical in or on Food

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment of regulations for residues of a
certain pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket control number PF-952, must be
received on or before August 14, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure
proper receipt by EPA, it is imperative that you identify docket
control number PF-952 in the subject line on the first page of your
response.

FOR FURTHER INFORMATION CONTACT:  By mail: Jim Tompkins, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (703) 305-5697; e-mail address: tompkins.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural
producer, food manufacturer or pesticide manufacturer. Potentially
affected categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this action might apply to certain entities. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register--Environmental Documents.'' You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for
this action under docket control number PF-952. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as confidential business information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number PF-952 in the subject line on the
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by
e-mail to: ``opp-docket@epa.gov,'' or you can submit a computer disk as
described above. Do not submit any information electronically that you
consider to be CBI. Avoid the use of special characters and any form of
encryption. Electronic submissions will be accepted in Wordperfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket control number PF-952. Electronic comments may
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with

[[Page 43327]]

procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person identified under FOR FURTHER INFORMATION
CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this
notice.
    7. To ensure proper receipt by EPA, be sure to identify the docket
control number assigned to this action in the subject line on the first
page of your response. You may also provide the name, date, and Federal
Register citation.

II. What Action is the Agency Taking?

    EPA has received a pesticide petition as follows proposing the
establishment and/or amendment of regulations for residues of a certain
pesticide chemical 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 this petition contains 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 support granting of the petition. Additional data
may be needed before EPA rules on the petition.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: July 5, 2000.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

Summary of Petition

    The petitioner summary of the pesticide petition is printed below
as required by section 408(d)(3) of the FFDCA. The summary of the
petition was prepared by the petitioner and represents the view of the
petitioner. EPA is publishing the petition summary verbatim without
editing 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.

Zeneca Ag. Products

9F6032

    EPA has received a pesticide petition 9F6032 from Zeneca Ag.
Products, 1800 Concord Pike, P.O. Box 15458, Wilmington, DE 19850-5458
proposing, pursuant to section 408(d) of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by
establishing tolerances for residues of sulfosate (the
trimethylsulfonium salt of glyphosate, also known as glyphosate-
trimesium) in or on the raw agricultural commodities (RAC) cotton gin
byproducts at 120 parts per million (ppm) (of which no more than 35 ppm
is trimethylsulfonium (TMS)); cotton undelinted seed at 40 ppm (of
which no more than 10 ppm is TMS); leaves of root and tuber vegetables
group (except radish) at 0.25 ppm (of which no more than 0.2 ppm is
TMS); pistachio at 0.05 ppm; potato flakes at 2 ppm (of which no more
than 1.5 ppm is TMS); radish roots at 16 ppm (of which no more than 15
ppm is TMS); radish tops at 10 ppm (of which no more than 8 ppm is
TMS); root vegetables subgroup (except radish) at 0.15 ppm (of which no
more than 0.1 ppm is TMS); sorghum grain at 35 ppm (of which no more
than 15 ppm is TMS); sorghum forage at 0.2 ppm (of which no more than
0.1 ppm is TMS); sorghum stover at 140 ppm (of which no more than 60
ppm is TMS); sweet corn forage at 20 ppm (of which no more than 5 ppm
is TMS); sweet corn, kernels + cob with husks removed at 0.15 ppm (of
which no more than 0.1 ppm is TMS); sweet corn stover at 165 ppm (of
which no more than 65 ppm is TMS); tuberous and corm vegetables
subgroup at 1 ppm (of which no more than 0.5 ppm is TMS); and to
increase the tolerance in poultry meat by-products to 0.5 ppm and in
milk to 2 ppm. EPA has determined that the petition contains data or
information regarding the elements set forth in section 408(d)(2) of
the FFDCA; however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data support granting of the
petition. Additional data may be needed before EPA rules on the
petition.

A. Residue Chemistry

    1. Plant metabolism. The metabolism of sulfosate has been studied
in corn, grapes, and soybeans. EPA has concluded that the nature of the
residue is adequately understood and that the only residues of concern
are the parent ions N-(phosphonomethyl)-glycine anion (PMG) and TMS.
    2. Analytical method. Gas chromatography/mass selective (GC/MS)
detector methods have been developed for PMG analysis in crops, animal
tissues, milk, and eggs. Gas chromatography detection methods have been
developed for TMS in crops, animal tissues, milk, and eggs.
    3. Magnitude of residues--i. Magnitude of residues in crops--a.
Cotton. Residue data are available for sulfosate in a total of 13
trials conducted in 5 EPA regions and 11 different states. The proposed
tolerance of 40 ppm (of which no more than 10 ppm is TMS) for
undelinted cotton seed and the proposed tolerance of 120 ppm (of which
no more than 35 ppm is TMS) for cotton gin by-products will accommodate
any residue resulting from the proposed use pattern.
    Cotton seed for processing were obtained and samples were processed
into hulls, meal, and refined oil. There was no concentration in the
processed fractions. No tolerances are required for cotton hulls, meal,
or refined oil at the proposed use rates.
    b. Sorghum. Residue data are available for sulfosate in a total of
12 trials conducted in 6 EPA regions and 8 different states. The
proposed tolerance of 0.2 ppm (of which no more than 0.1 ppm is TMS)
for sorghum forage; the proposed tolerance of 35 ppm (of which no more
than 15 ppm is TMS) for sorghum grain; and the proposed tolerance of
140 ppm (of which no more than 60 ppm is TMS) for sorghum stover will
accommodate any residue resulting from the proposed use pattern.
Aspirated grain fractions (AGF) were also collected. Analysis of the
treated samples showed that residue of both TMS and PMG concentrated in
AGF, but the combined levels are less than the existing tolerance in 40
CFR 180.489 for aspirated grain fractions. No

[[Page 43328]]

change in the existing tolerance is required.
    c. Sweet corn. Residue data are available for sulfosate in a total
of 12 trials conducted in 7 EPA regions and 11 different states. The
proposed tolerance of 20 ppm (of which no more than 5 ppm is TMS) for
sweet corn forage; the proposed tolerance of 0.15 ppm (of which no more
than 0.1 ppm is TMS) for sweet corn kernels plus cobs with husks
removed; and the proposed tolerance of 165 ppm (of which no more than
65 ppm is TMS) for sweet corn stover will accommodate any residue
resulting from the proposed use pattern.
    d. Leaves of root and tuber vegetables group (except radish).
Residue data are available for sulfosate in a total of 15 trials in the
representative commodties of turnips and sugar beets in 8 EPA regions
and 12 different states. Residue data are also available for sulfosate
in a total of five trials in radish conducted in four EPA regions and
four different states. The proposed tolerance of 0.25 ppm (of which no
more than 0.2 ppm is TMS) for the leaves of the root and tuber
vegetable group (except radish) and the proposed tolerance of 10 ppm
(of which no more than 8 ppm is TMS) for radish tops will accommodate
any residue resulting from the proposed use pattern.
    e. Root vegetables subgroup 1-A (except radish). Residue data are
available for sulfosate in a total of 20 trials in the representative
commodities of sugar beets, radish, and carrots in 8 EPA regions and 10
different states. Residue data are also available for sulfosate in a
total of six trials in turnips conducted in five EPA regions and six
different states. The proposed tolerance of 0.15 ppm (of which no more
than 0.1 ppm is TMS) for the root vegetables subgroup (except radish)
and the proposed tolerance of 16 ppm (of which no more than 15 ppm is
TMS) for radish roots will accommodate any residue resulting from the
proposed use pattern.
    Sugar beets treated at a 5x exaggerated rate for processing were
obtained. No residues above the limit of quantitation (LOQ) were found
in any of the sugar beet magnitude of the residue studies nor in the 5x
exaggerated rate treated sugar beet samples so a processing study is
not required. No tolerances are required for sugar beet refined sugar,
dried pulp, or molasess at the proposed use rates.
    f. Tuberous and corm vegetables subgroup 1-D. Residue data are
available for sulfosate in a total of 12 trials in the representative
commodity, potatoes, in 7 EPA regions and 10 different states. The
proposed tolerance of 1 ppm (of which no more than 0.5 ppm is TMS) for
the tuberous and corm vegetables subgroup will accommodate any residue
resulting from the proposed use pattern.
    Potatoes for processing were obtained and samples were processed
into potato flakes, chips, and wet peel. Analysis of the treated
samples showed that residue of TMS concentrated in potato flakes. The
proposed tolerance for potato flakes of 2 ppm (of which no more than
1.5 ppm is TMS) is adequate to accommodate any residues arising from
this use pattern in potatoes. No tolerances are required for potato
chips and potato wet peel.
    g. Pistachio. Residue data are available for sulfosate for
representative commodities of the nut crop group (pecans, walnuts, and
almonds). Residues were below the LOQ of 0.05 ppm in all samples. These
data are sufficient to support a tolerance in pistachio. The proposed
tolerance for pistachio of 0.05 ppm is the same as the established
tolerance in 40 CFR 180.489 for the tree nut group and is adequate to
accommodate any residues arising from this use pattern in pistachios.
    ii. Magnitude of residue in animals--a. Ruminants. The maximum
dietary burden in dairy cows results from a diet comprised of 20% AGF,
60% wheat forage, 15% sweet corn stover, and 5% cotton gin by-products
for a total dietary burden of 427 ppm. The maximum dietary burden in
beef cows results from a diet comprised of 20% AGF, 25% sweet corn
stover, 25% sorghum grain, 25% wheat forage, and 5% cotton gin by-
products for a total dietary burden of 438 ppm. Comparison to a
ruminant feeding study at a dosing level of 1,000 ppm indicates that
the appropriate tolerance levels resulting from these proposed
additional uses are covered by existing tolerances in 40 CFR 180.489,
except milk. The appropriate tolerance for milk is 2 ppm.
    b. Poultry. The maximum dietary burden in poultry results from a
diet comprised of 80% sorghum grain and 20% soybean hulls for a total
dietary burden of 43 ppm. Comparison to a poultry feeding study at a
dosing level of 50 ppm indicates that the appropriate tolerance levels
are covered by existing tolerances in 40 CFR 180.489, except poultry
meat by-products. The appropriate tolerance for poultry meat by-
products is 0.5 ppm.

B. Toxicological Profile

    1. Acute toxicity. Several acute toxicology studies have been
conducted placing technical grade sulfosate in toxicity category III
and IV.
    2. Genotoxicty. The toxicological endpoints for sulfosate are
discussed in Unit 3.B. of the Federal Register notice of April 8, 1999
(64 FR 17171) (FRL-6071-2).
    3. Reproductive and developmental toxicity. The toxicological
endpoints for sulfosate are discussed in Unit B.3. of the Federal
Register notice of April 8, 1999 (64 FR 17171).
    4. Subchronic toxicity. The toxicological endpoints for sulfosate
are discussed in Unit 3.B. of the Federal Register notice of April 8,
1999 (64 FR 17171).
    5. Chronic toxicity. The toxicological endpoints for sulfosate are
discussed in Unit 3.B. of the Federal Register notice of April 8, 1999
(64 FR 17171).
    6. Animal metabolism. The metabolism of sulfosate has been studied
in animals. The residues of concern for sulfosate in meat, milk, and
eggs are the parent ions PMG and TMS only.
    7. Metabolite toxicology. There are no metabolites of toxicological
concern. Only the parent ions, PMG and TMS, are of toxicological
concern.
    8. Endocrine disruption. Current data suggest that sulfosate is not
an endocrine disruptor.

C. Aggregate Exposure

    1. Dietary exposure--i. Food. For the purposes of assessing the
potential dietary exposure, Zeneca has utilized the tolerance level for
all existing and pending tolerances; and the proposed maximum
permissible levels of 120 ppm for cotton gin by-products; 40 ppm for
cotton undelinted seed; 0.25 ppm for leaves of root and tuber
vegetables group (except radish); 0.05 ppm for pistachio; 2 ppm for
potato flakes; 16 ppm for radish roots; 10 ppm for radish tops; 0.15
ppm for root vegetables subgroup (except radish); 35 ppm for sorghum
grain; 0.2 ppm for sorghum forage; 140 ppm for sorghum stover; 20 ppm
for sweet corn forage; 0.15 ppm for sweet corn, kernels + cob with
husks removed; 165 ppm for sweet corn stover; 1 ppm for tuberous and
corm vegetables subgroup; 0.5 ppm in poultry meat by-products; 2 ppm in
milk; and 100% crop treated acreage for all commodities. Assuming that
100% of foods, meat, eggs, and milk products will contain sulfosate
residues and those residues will be at the level of the tolerance
results in an overestimate of human exposure. This is a very
conservative approach to exposure assessment.
    a. Chronic exposure. For all existing and pending tolerances and
the proposed maximum permissible levels proposed in this notice of
filing, the potential exposure for the U.S. population is 0.04
milligrams/kilograms

[[Page 43329]]

body weight per day (mg/kg/bwt/day) (17.6% of RfD). Potential exposure
for children's population subgroups range from 0.02 mg/kg bwt/day (7.8%
of RfD) for nursing infants (1 year old) to 0.12 mg/kg bwt/day (47.8%)
for children 1-6 years old. The chronic dietary risk due to food does
not exceed the level of concern (100%).
    b. Acute exposure. The exposure to the most sensitive population
subgroup, non-nursing infants, is 23.5% of the acute RfD at the
95^th percentile. The acute dietary risk due to food does not
exceed the level of concern (100%).
    ii. Drinking water. Results from computer modeling indicate that
sulfosate in ground water will not contribute significant residues in
drinking water as a result of sulfosate use at the recommended maximum
annual application rate (8.00 lbs. active ingredient/acre). The
computer model uses conservative numbers, therefore it is unlikely that
ground water concentrations would exceed the estimated concentration of
0.014 parts per billion (ppb), and sulfosate should not pose a threat
to ground water.
    The surface water estimates are based on an exposure modeling
procedure called Generic Expected Environmental Concentration (GENEEC).
The assumptions of two applications of 4.00 lbs. active ingredient/acre
resulted in calculated estimated maximum concentrations of 58 ppb
(acute, based on the highest 56-day value) and 10 ppb (chronic,
average). GENEEC modeling procedures assumed that sulfosate was applied
to a 10-hectare field that drained into a 1-hectare pond, 2-meters deep
with no outlet.
    As a conservative assumption, because sulfosate residues in ground
water are expected to be insignificant compared to surface water, it
has been assumed that 100% of drinking water consumed was derived from
surface water in all drinking water exposure and risk calculations. To
calculate the maximum acceptable acute and chronic exposures to
sulfosate in drinking water, the dietary food exposure (acute or
chronic) was subtracted from the appropriate (acute or chronic) RfD.
Drinking water levels of concern (DWLOCs) were then calculated using
the maximum acceptable acute or chronic exposure, default body weights
(70 kg-adult, 10 kg-child), and drinking water consumption figures (2
liters-adult, 1 liter-child).
    The maximum concentration of sulfosate in surface water is 58 ppb.
The acute DWLOCs for sulfosate in surface water were all greater than
5,400 ppb. The estimated average concentration of sulfosate in surface
water is 10 ppb which is much less than the calculated levels of
concern (>1,300 ppb) in drinking water as a contribution to chronic
aggregate exposure. Therefore, for current and proposed uses of
sulfosate, Zeneca concludes with reasonable certainty that residues of
sulfosate in drinking water would not result in unacceptable levels of
aggregate human health risk.
    2. Non-dietary exposure. Sulfosate is currently not registered for
use on any residential non-food sites. Therefore, residential exposure
to sulfosate residues will be through dietary exposure only.

D. Cumulative Effects

    There is no information to indicate that toxic effects produced by
sulfosate are cumulative with those of any other chemical compound.

E. Safety Determination

    1. U.S. population--i. Acute risk. Since there are no residential
uses for sulfosate, the acute aggregate exposure only includes food and
water. Using the conservative assumptions of 100% of all crops treated
and assuming all residues are at the tolerance level for all
established and proposed tolerances, the aggregate exposure to
sulfosate will utilize 12.3% of the acute RfD at the 95^th
percentile for the U.S. population. The estimated peak concentrations
of sulfosate in surface and ground water are less than DWLOCs for
sulfosate in drinking water as a contribution to acute aggregate
exposure. Residues of sulfosate in drinking water do not contribute
significantly to the aggregate acute human health risk considering the
present use and uses proposed in this action.
    ii. Chronic risk. Using the conservative exposure assumptions
described above, the aggregate exposure to sulfosate from food will
utilize 17.6% of the chronic RfD for the U.S. population. The estimated
average concentrations of sulfosate in surface and ground water are
less than DWLOCs for sulfosate in drinking water as a contribution to
chronic aggregate exposure. Residues of sulfosate in drinking water do
not contribute significantly to the aggregate chronic human health risk
considering the present uses and uses proposed in this action.
    2. Infants and children. The data base on sulfosate relative to
prenatal and postnatal toxicity is complete. Because the developmental
and reproductive effects occurred in the presence of parental
(systemic) toxicity, these data do not suggest an increased prenatal or
postnatal sensitivity of children and infants to sulfosate exposure.
Therefore, Zeneca concludes, upon the basis of reliable data, that a
100-fold uncertainty factor is adequate to protect the safety of
infants and children and an additional safety factor is unwarranted.
    i. Acute risk. Using the conservative exposure assumptions
described above, the aggregate exposure to sulfosate from food will
utilize 23.5% of the acute RfD at the 95^th percentile for
the most highly exposed group, children (1-6 years). The estimated peak
concentrations of sulfosate in surface and ground water are less than
DWLOCs for sulfosate in drinking water as a contribution to acute
aggregate exposure. Residues of sulfosate in drinking water do not
contribute significantly to the aggregate acute human health risk
considering the present uses and uses proposed in this action.
    ii. Chronic risk. Using the conservative exposure assumptions
described above, we conclude that the percent of the RfD that will be
utilized by aggregate exposure to residues of sulfosate is 47.8% for
children (1-6 years), the most highly exposed group. The estimated
average concentrations of sulfosate in surface and ground water are
less than DWLOCs for sulfosate in drinking water as a contribution to
chronic aggregate exposure. Residues of sulfosate in drinking water do
not contribute significantly to the aggregate chronic human health risk
considering the present uses and uses proposed in this action.

F. International Tolerances

    There are no Codex maximum residue levels established for
sulfosate.

[FR Doc. 00-17755 Filed 7-12-00; 8:45 am]
BILLING CODE 6560-50-F
Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food

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