[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Rules and Regulations]
[Page 21043-21049]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap08-8]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2008-0139; FRL-8359-9]
Thiamethoxam; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes tolerances for combined residues
of the insecticide thiamethoxam and its metabolite, CGA-322704, in or
on soybean, hulls and soybean, aspirated grain fractions. Syngenta Crop
Protection, Inc. requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective April 18, 2008. Objections and
requests for hearings must be received on or before June 17, 2008, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0139. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Julie Chao, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8735; e-mail address: chao.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or
[[Page 21044]]
pesticide manufacturer. Potentially affected entities may include, but
are not limited to those engaged in the following activities:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of EPA's tolerance regulations at
40 CFR part 180 through the Government Printing Office's pilot e-CFR
site at http://www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of FFDCA, any person may file an objection to
any aspect of this regulation and may also request a hearing on those
objections. You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in 40 CFR part
178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2008-0139 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk as required by 40 CFR part 178 on or
before June 17, 2008.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2008-0139, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
II. Petition for Tolerance
In the Federal Register of March 12, 2008 (73 FR 13225) (FRL-8354-
6), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
7F7301) by Syngenta Crop Protection, Inc., P.O. Box 18300, Greensboro,
NC 27419-8300. The petition requested that 40 CFR 180.565 be amended by
establishing a tolerance for combined residues of the insecticide
thiamethoxam, 3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine, and its metabolite, CGA-322704,N-(2-
chloro-thiazol-5-ylmethyl) -N'-methyl-N'-nitro-guanidine, in or on
soybean, hulls at 2.0 ppm and soybean, aspirated grain fractions at
0.08 ppm. That notice referenced a summary of the petition prepared by
Syngenta Crop Protection, Inc., the registrant, which is available to
the public in the docket, http://www.regulations.gov. There were no
comments received in response to the notice of filing.
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical
residue....''
Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for the petitioned-for
tolerances for combined residues of the insecticide thiamethoxam, 3-
[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-nitro-4H-1,3,5-
oxadiazin-4-imine, and its metabolite, CGA-322704, N-(2-chloro-thiazol-
5-ylmethyl)-N'-methyl -N'-nitro-guanidine, in or on soybean, hulls at
2.0 ppm and soybean, aspirated grain fractions at 0.08 ppm. EPA's
assessment of exposures and risks associated with establishing
tolerances follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by thiamethoxam as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in the
final rule published in the Federal Register of June 22, 2007, (72 FR
34401) (FRL-8133-6).
B. Toxicological Endpoints
For hazards that have a threshold below which there is no
appreciable risk, a toxicological point of departure (POD) is
identified as the basis for derivation of reference values for risk
assessment. The POD may be defined as the highest dose at which no
adverse effects are observed (the NOAEL) in the toxicology study
identified as appropriate for use in risk assessment. However, if a
NOAEL cannot be
[[Page 21045]]
determined, the lowest dose at which adverse effects of concern are
identified (the LOAEL) or a Benchmark Dose (BMD) approach is sometimes
used for risk assessment. Uncertainty/safety factors (UFs) are used in
conjunction with the POD to take into account uncertainties inherent in
the extrapolation from laboratory animal data to humans and in the
variations in sensitivity among members of the human population as well
as other unknowns. Safety is assessed for acute and chronic dietary
risks by comparing aggregate food and water exposure to the pesticide
to the acute population adjusted dose (aPAD) and chronic population
adjusted dose (cPAD). The aPAD and cPAD are calculated by dividing the
POD by all applicable UFs. Aggregate short-, intermediate-, and
chronic-term risks are evaluated by comparing food, water, and
residential exposure to the POD to ensure that the margin of exposure
(MOE) called for by the product of all applicable UFs is not exceeded.
This latter value is referred to as the Level of Concern (LOC).
For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk. Thus, the Agency estimates
risk in terms of the probability of an occurrence of the adverse effect
greater than that expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
A summary of the toxicological endpoints for thiamethoxam used for
human risk assessment is discussed in Unit Unit III.B. of the final
rule published in the Federal Register of June 22, 2007 (72 FR 34401)
(FRL-8133-6).
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to thiamethoxam, EPA considered exposure under the petitioned-
for tolerances as well as all existing thiamethoxam tolerances in 40
CFR 180.565. EPA assessed dietary exposures from thiamethoxam in food
as follows:
For both acute and chronic exposure assessments EPA combined
residues of clothianidin coming from thiamethoxam with residues of
thiamethoxam per se. As discussed above, thiamethoxam's major
metabolite is CGA-322704, which is also the registered active
ingredient clothianidin. There is available information indicating that
thiamethoxam and clothianidin have different toxicological effects in
mammals and should be assessed separately, however, these exposure
assessments for this action incorporated the total residue of
thiamethoxam and clothianidin to estimate dietary exposure. This
aggregation of thiamethoxam and clothianidin began with the initial
assessment of thiamethoxam, prior to the requested registration of
clothianidin as an active ingredient, and is being maintained in this
action for historical purposes. In future assessments, as time and
resources allow, the EPA will provide a rationale for the separate
analysis of risks coming from thiamethoxam and clothianidin, and will
conduct separate evaluations of exposure and risk for each chemical.
The combining of these residues, as was done in these assessments,
results in highly conservative estimates of dietary exposure and risk.
i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. In estimating acute dietary
exposure, EPA used food consumption information from the U.S.
Department of Agriculture (USDA) 1994-1996 and 1998 Nationwide
Continuing Surveys of Food Intake by Individuals (CSFII). As to residue
levels in food, EPA assumed maximum residues of thiamethoxam and
clothianidin observed in the thiamethoxam field trials. It was also
assumed that 100% of crops with registered or requested uses of
thiamethoxam are treated. This assumption is highly conservative with
respect to thiamethoxam use and removes the need to include residues of
clothianidin coming from the use of that active ingredient.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996
and 1998 Nationwide CSFII. As to residue levels in food, EPA assumed
maximum residues of thiamethoxam and clothianidin observed in the
thiamethoxam field trials. It was also assumed that 100% of crops with
registered or requested uses of thiamethoxam are treated. This
assumption is highly conservative with respect to thiamethoxam use and
removes the need to include residues of clothianidin coming from the
use of that active ingredient.
A complete listing of the inputs used in these assessments can be
found in the document titled ``Thiamethoxam Acute and Chronic Aggregate
Dietary and Drinking Water Exposure and Risk Assessments for FIFRA
Section 3 Registration,'' available in the docket EPA-HQ-OPP-2006-0523,
http://www.regulations.gov.
iii. Cancer. A quantitative cancer exposure assessment is not
necessary because EPA concluded that thiamethoxam is ``Not Likely to be
Carcinogenic to Humans'' based on convincing evidence that a non-
genotoxic mode of action for liver tumors was established in the mouse
and that the carcinogenic effects are a result of a mode of action
dependent on sufficient amounts of a hepatotoxic metabolite produced
persistently. Therefore, the Agency concluded that thiamethoxam is not
expected to pose a carcinogenic risk and an exposure assessment
pertaining to cancer risk is not necessary.
iv. Anticipated residue information. Section 408(b)(2)(E) of FFDCA
authorizes EPA to use available data and information on the anticipated
residue levels of pesticide residues in food and the actual levels of
pesticide residues that have been measured in food. For the present
action, EPA has used maximum residue values from field trials. These
trials are designed to produce worst-case residue levels in foods, and
likely overestimate residues of thiamethoxam and clothianidin that may
actually occur in or on foods.
2. Dietary exposure from drinking water. Thiamethoxam is expected
to be persistent and mobile in terrestrial and aquatic environments.
These fate properties suggest that thiamethoxam has a potential to move
into surface water and shallow ground water. The Agency lacks
sufficient monitoring data to complete a comprehensive dietary exposure
analysis and risk assessment for thiamethoxam in drinking water.
Because the Agency does not have comprehensive monitoring data,
drinking water concentration estimates are made by reliance on
simulation or modeling taking into account data on the environmental
fate characteristics of thiamethoxam. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
Based on the Pesticide Root Zone Model/Exposure Analysis Modeling
System (PRZM/EXAMS) and the Screening Concentration in Ground Water
(SCI-GROW) models, the estimated drinking water concentrations (EDWCs)
of thiamethoxam for acute exposures are estimated to be 12.26 parts per
billion (ppb) for surface water and 7.94 ppb for ground water. The
EDWCs for chronic exposures are
[[Page 21046]]
estimated to be 1.29 ppb for surface water and 7.94 ppb for ground
water.
The registrant has conducted small-scale prospective ground water
studies in several locations in the United States to investigate the
mobility of thiamethoxam in a vulnerable hydrogeological setting. A
review of those data shows that generally residues of thiamethoxam as
well as CGA-322704 are below the limit of quantitation (0.05 ppb. When
quantifiable residues are found, they are sporadic and at low levels.
The maximum observed residue levels from any monitoring well were 1.0
ppb for thiamethoxam and 0.73 ppb for CGA-322704. These values are well
below the modeled estimates summarized above, indicating that the
modeled estimates are, in fact, protective of what actual exposures are
likely to be.
Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For both the acute and chronic
assessments the acute EDWC of 12.26 ppb (0.0123 ppm) was used as a
worst-case estimate of exposure via drinking water.
3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
Thiamethoxam is registered for use on turfgrass on golf courses,
residential lawns, commercial grounds, parks, playgrounds, athletic
fields, landscapes, interiorscapes and sod farms. Thiamethoxam is
applied by commercial applicators only. Therefore, exposures resulting
from homeowner applications were not assessed. However, entering areas
previously treated with thiamethoxam could lead to exposures for adults
and children. As a result, risk assessments have been completed for
postapplication scenarios. Short-term exposures (1 to 30 days of
continuous exposure) may occur as a result of activities on treated
turf. There are no use patterns for thiamethoxam that indicate
intermediate-term (1 to 6 months of continuous exposure) or chronic
non-dietary exposures are likely to occur.
Dermal exposures were assessed for adults and children. Oral non-
dietary ingestion exposures (i.e. soil ingestion, and hand-/object-to-
mouth) were assessed for children as well. Since all postapplication
scenarios occur outdoors the potential for inhalation exposure is
negligible and therefore does not require an inhalation exposure
assessment. For purposes of this assessment exposure from residential
lawns is used to represent the worst case scenario for both dermal and
oral postapplication exposure.
Postapplication dermal exposure resulting from contact with treated
turf was assessed using the EPA's Standard Operating Procedures for
Residential Exposure and a chemical-specific turf transfer residue
study.
4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
Thiamethoxam is a member of the neonicotinoid class of pesticides
and produces, as a metabolite, another neonicotinoid, clothianidin.
Structural similarities or common effects do not constitute a common
mechanism of toxicity. Evidence is needed to establish that the
chemicals operate by the same, or essentially the same sequence of
major biochemical events (EPA, 2002). Although clothianidin and
thiamethoxam bind selectively to insect nicotinic acetylcholine
receptors (nAChR), the specific binding site(s)/receptor(s) for
clothianidin, thiamethoxam, and the other neonicotinoids are unknown at
this time. Additionally, the commonality of the binding activity itself
is uncertain, as preliminary evidence suggests that clothianidin
operates by direct competitive inhibition, while thiamethoxam is a non-
competitive inhibitor. Furthermore, even if future research shows that
neonicotinoids share a common binding activity to a specific site on
insect nicotinic acetylcholine receptors, there is not necessarily a
relationship between this pesticidal action and a mechanism of toxicity
in mammals. Structural variations between the insect and mammalian
nAChRs produce quantitative differences in the binding affinity of the
neonicotinoids towards these receptors, which, in turn, confers the
notably greater selective toxicity of this class towards insects,
including aphids and leafhoppers, compared to mammals. While the
insecticidal action of the neonicotinoids is neurotoxic, the most
sensitive regulatory endpoint for thiamethoxam is based on unrelated
effects in mammals, including effects on the liver, kidney, testes, and
hematopoietic system. Additionally, the most sensitive toxicological
effect in mammals differs across the neonicotinoids (e.g., testicular
tubular atrophy with thiamethoxam; mineralized particles in thyroid
colloid with imidacloprid). Thus, there is currently no evidence to
indicate that neonicotinoids share common mechanisms of toxicity, and
EPA is not following a cumulative risk approach based on a common
mechanism of toxicity for the neonicotinoids. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such chemicals, see
EPA's website at http://www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(c) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA safety
factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
2. Prenatal and postnatal sensitivity. In the developmental
studies, there is no evidence of increased quantitative or qualitative
susceptibility of rat or rabbit fetuses to in utero exposure to
thiamethoxam. The developmental NOAELs are either higher than or equal
to the maternal NOAELs. The toxicological effects in fetuses do not
appear to be any more severe than those in the dams or does. In the rat
developmental neurotoxicity study, there was no quantitative evidence
of increased susceptibility.
There is evidence of increased quantitative susceptibility for male
pups in both two-generation reproductive studies. In one study, there
are no toxicological effects in the dams whereas for the pups, reduced
bodyweights are observed at the highest dose level, starting on day 14
of lactation. This contributes to an overall decrease in bodyweight
gain during the entire lactation period. Additionally, reproductive
effects in males appear in the F1 generation in the form of
increased incidence and severity of testicular tubular atrophy. These
data are considered to be evidence of increased quantitative
susceptibility for male pups (increased incidence of testicular tubular
atrophy at 1.8
[[Page 21047]]
milligrams/kilogram/day (mg/kg/day) when compared to the parents
(hyaline changes in renal tubules at 61 mg/kg/day; NOAEL is 1.8 mg/kg/
day).
In the more recent two-generation reproduction study, the most
sensitive effect was sperm abnormalities at 3 mg/kg/day (the NOAEL is
1.2 mg/kg/day) in the F1 males. This study also indicates
increased susceptibility for the offspring for this effect.
Although there is evidence of increased quantitative susceptibility
for male pups in both reproductive studies, NOAELs and LOAELs were
established in these studies and the Agency selected the NOAEL for
testicular effects in F1 pups as the basis for risk
assessment. The Agency has confidence that the NOAEL selected for risk
assessment is protective of the most sensitive effect (testicular
effects) for the most sensitive subgroup (pups) observed in the
toxicological database.
Due to the finding of quantitative sensitivity in the reproduction
studies, the EPA conducted a degree of concern analysis to assess the
residual uncertainties for pre- and/or postnatal susceptibility. The
Agency concluded that there is low concern for an increased
susceptibility in the young given:
i. There was no increased sensitivity (qualitative or quantitative)
in the rat developmental, rabbit developmental and rat developmental
neurotoxicity studies.
ii. There was a clear NOAEL identified for the effects in pups in
the rat reproduction studies where sensitivity was seen.
iii. The Agency selected this NOAEL as the basis for risk
assessment.
3. Conclusion. The final rule published in the Federal Register of
January 5, 2006 (http://www.epa.gov/fedrgstr/EPA-PEST/2005/January/Day-
05/p089.htm) reported that the EPA had determined that the 10X special
safety factor to protect infants and children should be retained for
thiamethoxam based on the following factors: Effects on endocrine
organs observed across species; the significant decrease in alanine
amino transferase levels in the companion animal studies and in the dog
studies; the mode of action of this chemical in insects (interferes
with the nicotinic acetyl choline receptors of the insect's nervous
system); the transient clinical signs of neurotoxicity in several
studies across species; and the suggestive evidence of increased
quantitative susceptibility in the rat reproduction study.
Since that determination, EPA has received and reviewed a
Developmental Neurotoxicity (DNT) study in rats and an additional
Reproduction study in rats. Taking the results of this study into
account, EPA has determined that reliable data show the safety of
infants and children would be adequately protected if the FQPA SF were
reduced to 1X. That decision is based on the following findings:
i. The toxicity database for thiamethoxam is complete, including
acceptable/guideline developmental toxicity, 2-generation reproduction,
and developmental neurotoxicity studies designed to detect adverse
effects on the developing organism, which could result from the
mechanism that may have produced the decreased alanine amino
transferase levels.
ii. For the reasons discussed above, there is low concern for an
increased susceptibility in the young.
iii. Although there is evidence of neurotoxicity after acute
exposure to thiamethoxam at doses of 500 mg/kg/day including drooped
palpebral closure, decrease in rectal temperature and locomotor
activity and increase in forelimb grip strength, no evidence of
neuropathology was observed. These effects occurred at doses at least
fourteenfold and 416-fold higher than the doses used for the acute, and
chronic risk assessments, respectively; thus, there is low concern for
these effects since it is expected that the doses used for regulatory
purposes would be protective of the effects noted at much higher doses.
iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on assumption that the maximum residues of thiamethoxam and
clothianidin observed in the thiamethoxam field trials were remaining
on crops. Although there is available information indicating that
thiamethoxam and clothianidin have different toxicological effects in
mammals and should be assessed separately, the residues of each have
been combined in these assessments to ensure that the estimated
exposures of thiamethoxam do not underestimate actual potential
thiamethoxam exposures. An assumption of 100% crop treated was made for
all foods evaluated in the assessments. For both the acute and chronic
assessments the acute EEC of 12.26 ppb (0.0123 ppm) was used as a
worst-case estimate of exposure via drinking water. Compared to the
results from small-scale prospective ground water studies where the
maximum observed residue levels from any monitoring well were 1.0 ppb
for thiamethoxam and 0.73 ppb for CGA-322704, the modeled estimates are
protective of what actual exposures are likely to be. Similarly
conservative Residential SOPs as well as a chemical-specific turf
transfer residue (TTR) study were used to assess post-application
exposure to children as well as incidental oral exposure of toddlers.
These assessments will not underestimate the exposure and risks posed
by thiamethoxam.
E. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic pesticide exposures are
safe by comparing aggregate exposure estimates to the aPAD and cPAD.
The aPAD and cPAD represent the highest safe exposures, taking into
account all appropriate SFs. EPA calculates the aPAD and cPAD by
dividing the POD by all applicable UFs. For linear cancer risks, EPA
calculates the probability of additional cancer cases given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the POD to ensure that the MOE called for
by the product of all applicable UFs is not exceeded.
1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to thiamethoxam will occupy 3% of the aPAD for children 1 to 2 years
old, the population group receiving the greatest exposure.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
thiamethoxam from food and water will utilize 42% of the cPAD for
children 1 to 2 years old, the population group with greatest exposure.
Based on the use patterns proposed, chronic residential exposure to
residues of thiamethoxam is not expected.
3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
Thiamethoxam is currently registered for use that could result in
short-term residential exposure and the Agency has determined that it
is appropriate to aggregate chronic food and water and short-term
exposures for thiamethoxam. The level of concern for the margin of
exposure (MOE) is 100 for all residential uses (i.e., MOEs less than
100 indicate potential risks of concern). Using the exposure
assumptions described in this unit for short-term exposures, EPA has
concluded that food, water, and
[[Page 21048]]
residential exposures aggregated result in aggregate MOEs of 730
through 2,800 for all exposure scenarios (dermal exposures, and oral
non-dietary ingestion) for infants, children and adults.
4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). There are no
use patterns for thiamethoxam that indicate intermediate-term (1 to 6
months of continuous exposure) exposures are likely to occur.
5. Aggregate cancer risk for U.S. population. The Agency has
classified thiamethoxam as not likely to be a human carcinogen based on
convincing evidence that a non-genotoxic mode of action for liver
tumors was established in the mouse and that the carcinogenic effects
are a result of a mode of action dependent on sufficient amounts of a
hepatotoxic metabolite produced persistently. Thiamethoxam is not
expected to pose a cancer risk.
6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to thiamethoxam residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology (high-performance liquid
chromatography/ultraviolet (HPLC/UV) or mass spectrometry (MS)) is
available to enforce the tolerance expression. The method may be
requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone
number: (410) 305-2905; e-mail address: residuemethods@epa.gov.
B. International Residue Limits
There are no CODEX or Mexican maximum residue limits (MRLs) for
thiamethoxam. A number of Canadian MRLs exist for this chemical and are
in accord with U.S. tolerances. The new/revised tolerances established
by this rule have been derived using the NAFTA Tolerance Harmonization
Spreadsheet.
V. Conclusion
Based upon review of the supporting data, EPA has determined that
tolerance levels for the following crops should be set as follows:
soybean, hulls at 2.0 ppm; and soybean, aspirated grain fractions at
0.08 ppm. Therefore, tolerances are established for the combined
residues of thiamethoxam, 3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-
methyl-N-nitro-4H-1,3,5-oxadiazin-4-imine, and its metabolite, CGA-
322704, N-(2-chloro-thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine,
in or on soybean, hulls at 2.0 ppm and soybean, aspirated grain
fractions at 0.08 ppm.
VI. Statutory and Executive Order Reviews
This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., nor does it require any special
considerations under Executive Order 12898, entitled Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
VII. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: April 9, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.565 is amended by alphabetically adding the following
commodities to the table in paragraph (a) to read as follows:
Sec. 180.565 Thiamethoxam; tolerances for residues.
(a) * * *
[[Page 21049]]
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * *
Soybean, aspirated grain fractions................... 0.08
Soybean, hulls....................................... 2.0
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. E8-8398 Filed 4-17-08; 8:45 am]
BILLING CODE 6560-50-S