------- Contents I. PESTICIDE REREGISTRATION 1 A. Introduction 1 B. Current Status of Reregistration 2 H. REREGISTRATION PROGRESS 3 A. REDs Completed 3 B. REDs Scheduled 4 C. REDs Candidates for Fiscal Year 1993 4 D. Suspended Chemical Cases 5 E. Data Submitted for Reregistration 5 HI. OTHER MEASURES OF PROGRESS 8 A. Minor Uses 8 B. Rejection Rate Analysis 8 IV. TOPICS OF THE QUARTER 12 A. Pesticide Reregistration Pilot Program with the Organization 12 for Economic Cooperation and Development (OECD) B. Reregistration Status "Report Card" 13 C. Streamlined REDs 13 D. Pesticide Tolerances; Revision to Crop Groups 14 E. Delaney 15 F. New Reregistration Section in SRRD 15 V. SPECIAL REVIEW DECISIONS 16 VI. CALENDAR OF EVENTS (FY 1993-1994) 19 Appendix A. Cumulative Summary of Reregistration Actions 20 Appendix B. Other Sources of Information 22 Appendix C. Technical Terms 23 ------- I. PESTICIDE REREGISTRATION A. Introduction The Pesticide Reregistration Progress Report is produced quarterly by the Special Review and Reregistration Division (SRRD), Office of Pesticide Programs (OPP), U.S. Environmental Protection Agency (EPA), to provide information on progress towards pesticide reregistration as mandated under the 1988 amendments to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Progress is reported both for the current quarter of the fiscal year and cumulatively. The current report provides the status of reregistration through the third quarter of the 1993 fiscal year (FY 93). The cumulative information is provided in Appendix A, entitled Cumulative Summary of Reregistration Actions. To promote a better understanding of the scope of the reregistration process, we will include reporting by number of studies, products, and active ingredients, where possible. To make the reregistration process more manageable, in 1989 the Agency divided the active ingredients undergoing reregistration into chemical "Cases". Each case can consist of one or more related active ingredients. A Reregistration Eligibility Decision (RED) is issued for a chemical case. Therefore, reporting on only REDs does not provide the most complete picture of the current status of reregistration. For example, the 33 REDs completed since 1991 represent a total of 50 chemicals/active ingredients (AIs), 2,279 products, and 62 tolerances. It is our goal to provide more information on numbers of active ingredients, studies (total and by discipline), products, and tolerances to our audience. It is important to note that the numbers are constantly changing. The numbers reported in each Progress Report will be reported as accurately as possible, but they are estimates which change frequently as the reregistration process continues. Please note that percentage discrepancies may result from rounding. 1 The fiscal year runs from October to September, and is divided into four quarters: the first quarter consists of October, November, December; the second quarter consists of January, February, March; the third quarter consists of April, May, June; and the fourth quarter consists of July, August, September. ------- B. Current Status of Reregistration Figure 1 shows the status of supported chemical cases in Lists A, B, C, D, and all lists combined through the third quarter of fiscal year 1993. Each column shows the total number of supported chemical cases currently on each list. Also shown are the number and percentages of those cases that have REDs completed and cases that are in the category of Awaiting Data/Data in Review. Of the total 613' cases that were eligible for reregistration in 1988, 405 still are supported while 206 are not supported by their registrants. A description of the reregistration process and a discussion of unsupported chemical cases are presented in Appendix C, Technical Terms. A list of REDs can be found in Appendix A, Cumulative Summary of Reregistration Actions. Figure 1 Current Status of Reregistration - Supported Chemical Cases - Third Quarter FY 93 PERCENTAGES OF REDS AND SUPPORTED CHEMICAL CASES REDs (12)^" 8% Supported: (139) Awaiting Data/ Data in Review (Total Supported Cases: 151) LIST A ""j '92% (D^ 1% (103) (Total 104) LIST B MMMMH 99% (4)-^ » (77) (Total 81) LIST C -. 95% LIST D (16)*"r'^^| (33)-^' 23% HI 8% (53) (Total 69) 77%' (372) (Total 405) ALL LISTS ^^M j 92% 5 Note: These numbers change frequently as the reregistration process continues. Percentage discrepancies may result from rounding. 2 This number was originally 611 cases, which became 613 when two active ingredients were separated to become individual cases. ------- II. REREGISTRATION PROGRESS A. REDS Completed This section summarizes the information in the REDs that were completed in the third quarter of fiscal year 1993. REDs are produced once a substantially complete set of data on a chemical case has been received and reviewed, and no significant issues remain concerning the use of the pesticide chemical. REDs summarize the findings of the review process and reflect EPA's decision to impose any new conditions on the use of a chemical, to call in product-specific and/or generic data, or to take other regulatory action. When a chemical case has a completed RED, EPA has determined that some or all uses of the active ingredients do not pose any unreasonable risk when used under established terms and conditions of their registrations. Once the uses of the active ingredient have been determined to be eligible for reregistration, then each product can be reregistered. Products are reregistered by the Registration Division upon completion of applicable product-specific data and compliance with the terms and conditions specified by the RED. OBPA - 10, 10' -Oxybisphenoxarsine (OBPA) is a bacteriostat, disinfectant and fungicide used to prevent the growth of microorganisms in plastics. These plastics are fabricated into many products including shower curtains, floor and wall coverings, marine upholstery, automotive vinyl trim and swimming pool liners. OBPA is also used as a preservative in adhesives, coatings, textiles, carpets, plastics and other pesticides. All registered uses of OBPA are eligible for reregistration. OBPA is acutely toxic orally and to the skin and eyes. It has no food uses. Although people may be exposed to OBPA in their homes or workplaces, this exposure is indirect and extremely low level. Direct occupational exposure to OBPA during production of plastics or other products is mitigated by the use of closed systems and personal protective equipment. Therefore, human risks from exposure to OBPA are likely to be minimal. Since OPBA is used industrially indoors, very limited environmental exposure is expected. EPA is requiring product-specific data (product chemistry and acute toxicity studies), revised Confidential Statements of Formula, and revised labeling for reregistration of products containing OBPA. For additional information regarding the RED, please contact Venus Eagle at (703) 308-8045. For information concerning product reregistration, please contact Cynthia Giles-Parker at (703) 305-5540. BIOBOR - Biobor is a fungicide used in the fuel tanks and fuel lines of vehicles, farm equipment and industrial engines to prevent the growth of microbial organisms. Technical grade Biobor is a severe eye irritant but otherwise is of low acute toxicity. In the presence of water, Biobor rapidly forms boric acid or borate ion, substances which are essential to plant life and normally present in the human diet. Exposure to low levels of Biobor therefore is not expected to cause any significant risk. Occupational exposure to Biobor may occur, but is expected to be low. Eye hazards are mitigated by requiring the use of goggles/face shields and closed application systems. Risk to workers therefore is expected to be very low. Exposure to the environment is expected to be negligible. EPA is requiring three confirmatory ecotoxicity studies, to characterize possible ecological risk in case of accidents or spills. EPA is also requiring product-specific data including product chemistry and acute toxicity studies, and revised ------- labeling for products containing Biobor. For additional information regarding the RED, please contact Tom Luminello at (703) 308-8075. For information concerning product reregistration, please contact Marshall Swindell at (703) 305-6908. B. REDs Scheduled Figure 2 shows the REDs scheduled and completed by quarter for fiscal year 1993. In the third quarter, two of the eight scheduled REDs were completed. The remaining six REDs from the third quarter, in addition to the nine scheduled for the fourth quarter, should be completed by the end of the fiscal year 1993. The two REDs from the third quarter cover a Figure 2 REDs Scheduled and Completed - Third Quarter FY 93 total of three chemicals and 27 products. One RED was completed in the first quarter and two REDs were completed in the second quarter of fiscal year 1993. A total of 33 REDs have been completed to date. Further information about the completed REDs can be found in Appendix A, Cumulative Summary of Reregistration Actions. ID- w SA "S I REDs Scheduled -REDs Completed 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter C. REDs Candidates for Fiscal Year 1993 Table 1 shows a revised list of preliminary REDs candidates for the remainder of fiscal year 1993. It is possible that for some of these Table 1 REDs Candidates for FY 93 chemicals, REDs will be postponed until the next fiscal year. It is also possible for some new chemicals to be added. The target for fiscal year 1993 is a total of 20 REDs. List A Daminozide Boric Acid Glyphosate Butylate Methiocarb ListC Cedarwood oil Thymol Tris (HOCH2-)nitromethane ListD Silver Compounds Menthol Eugenol Bromine Sodium lauryl sulfate Sodium bromide/Sodium chloride Sulfuryl Fluoride ------- D. Suspended Chemical Cases EPA may issue a Notice of Intent to Suspend (NOITS) based on a finding that a registrant has failed to submit data under the requirement(s) of a FIFRA section 3(c)(2)(B) or a 4(d)(6) Data Call-In (DCI). Events that may result in the issuance of a NOITS include failing to provide adequate responses or data on time during the reregistration process or the Special Review process. Suspension is an Agency action which affects the legal status of a pesticide product registration. After a suspension becomes final and effective, the pesticide registrant subject to suspension may not legally distribute, sell, use, offer for sale, hold for sale, ship, or deliver to any person the product(s) subject to the suspension. The product registration, however, remains in existence. Suspension of the registration of each product will become final unless, within 30 days of receipt, one of the following actions is taken by the registrant: 1) compliance with the Agency's requirements is shown, 2) the registration is withdrawn, or the use which triggered the requirements is withdrawn, or 3) a hearing with EPA is requested. EPA's Office of Compliance Monitoring (OCM) has initiated 583 NOITS actions for non-compliance with FIFRA resulting in 150 product suspensions from November 1989 to July 1993. In other cases, various outcomes resulted; for example, suspensions did not occur because data were submitted after the NOITS's were issued, or the matters were settled resulting in data submission. E. Data Submitted for Reregistration While EPA has formally evaluated the risks of only 33 chemical cases for which REDs have been completed, the Agency actually has obtained a substantial amount of information on the remaining chemicals. Figure 3 shows the total number of studies received and reviewed by discipline for List A chemicals. These studies were submitted in response to the Registration Standards, prior to FIFRA 88, as well as subsequent Data Call-In Notices. Figures 4, 5, and 6 show the total number of studies received and reviewed so far for Lists B, C, and D chemicals respectively in response to Data Call-Ins under FIFRA 88. ------- Figure 3 List A - Total Studies Received and Reviewed as of Third Quarter FY 93 Number of Studies Received Number of Studies Reviewed 1,517 Residue Chemistry Environmental Re-Entry Tox Tox Ecological Fate Non-Dietary Non-Cort* Cort** Effects Figure 4 List B - Total Studies Received and Reviewed as of Third Quarter FY 93 2,088 Number of Studies Received Number of Studies Reviewed 1,808 Residue Environmental Re-Entry Tox Tox Ecological Chemistry Fate Non-Dietary Non-Cort* Cort** Effects ** TOX (CORT): Chronic Feeding, Carcinogenicity (Oncogenicity), Reproduction, and Developmental Toxicity (Teratology). * TOX (Non-CORT): These studies measure toxicity of pesticides in other than CORT studies. ------- Figure 5 List C - Total Studies Received and Reviewed as of Third Quarter FY 93 1,367 - Number of Studies Received - Number of Studies Reviewed Residue Chemistry Environmental Fate Re-Entry Non-Dietary Tox Non-Cort * Tox Cort ** Ecological Effects Figure 6 List D - Total Studies Received and Reviewed as of Third Quarter FY 93 •o CC T3 •ft B * 9 11 II z c* 125 Residue Chemistry 107 11 Environmental Re-Entry Fate Non-Dietary H- Number of Studies Received H- Number of Studies Reviewed Tox Non-Cort * 268 Ecological Effects ** TOX (CORT): Chronic Feeding, Carcinogenicity (Oncogenicity), Reproduction, and Developmental Toxicity (Teratology). * TOX (Non-CORT): These studies measure toxicity of pesticides in other than CORT studies. ------- III. OTHER MEASURES OF PROGRESS A. Minor Uses Table 2 provides information from the U.S. Department of Agriculture, National Agricultural Pesticide Impact Assessment Program (NAPIAP). The Reregistration Notification Network (RNN) Table 2 Proposed Canceled Uses or Tolerances - Third Quarter FY 93 provides information to interested parties on recent or impending pesticide cancellations. For further information on any of the following pesticides, contact your NAPIAP State Liaison Representative or USD A at (301) 504-8846. Chemical Linuron Methazole Oxydemeton-methyl Ethion Etridiazole Methiocarb Sulfur Products Lorox Probe Metasystox-R Terrazole Mesmol Affected Uses Du Pont has requested voluntary cancellation of its 24(c) registrations in the State of California for linuron on LUPINES and MARIGOLDS. Existing stocks in the hands of dealers and users can be sold and used until they are exhausted. On February 5 of this year, the RNN reported that existing stocks of methazole, a recently canceled herbicide used on COTTON, may become available in marketing channels if ongoing studies showed an acceptable level of exposure risk. Those studies are now complete, show an acceptable level of exposure risk, and have resulted in an amendment to the cancellation order. Consequently, conditioned on supplemental labeling, existing stocks may be distributed, sold, and used from May 20 to December 31 of 1993. Miles, Inc. plans to voluntarily delete AVOCADOS from the label of their insecticide, Metasystox-R. Existing stocks in the hands of dealers and users may be sold and used until exhausted. Apples, Bermuda Grass, Turf and Ornamentals (Greenhouse) Fescue seed and Rye Grass seed Citrus and Avocados Cattle and Hogs B. Rejection Rate Analysis The Rejection Rate Analysis was developed to address the high rate of rejected studies submitted to OPP during the reregistration process. EPA discovered that the submission of unacceptable studies is the most significant factor in delaying the Agency's REDs. Conducting replacement studies can add several years to the reregistration process. EPA's study of rejection rates, with the cooperation and active involvement of the pesticide industry, is an intensive effort to analyze rejected studies and understand the reasons for rejection. The resulting reports for each discipline will minimize reoccurrence of study deficiencies as the Agency enters the major data submission phase of reregistration. ------- The following update on each chapter of the study is followed by a chart showing the estimated rejection rate for all studies combined in that discipline. Residue Chemistry Chanter The Residue Chemistry Chapter was completed in June 1992. Three follow-up guidance documents are part of the Residue Chemistry Chapter including: Guidance for Conducting Plant and Livestock Metabolism Studies. July 1992; Guidance for Storage Stability. Theoretical Concentration Factors. Raw Data Guidance. Toxicology Chapter The Toxicology Chapter and charts are completed and will be available in August 1993. February 1993; and Guidance on Conducting Rotational Crop Studies. February 1993. For information on obtaining copies, please see Appendix B. Figure 5 indicates that the overall rejection rate for residue chemistry studies reviewed since 1988 is estimated at 12%. Figure 6 indicates that the overall rejection rate for toxicology studies is 7% and that the rejection rate for supplemental studies is 12%. Occupational and Residential Exposure Chapter The Occupational and Residential Exposure Chapter and chart are completed and will be available by the end of fiscal year 1993. Environmental Fate Chanter The Environmental Fate Chapter and charts are completed and will be available by the end of fiscal year 1993. Figure 7 indicates that the overall rejection rate for environmental fate studies reviewed since 1988 is 28%. Ecological Effects Chapter The Agency has compiled the rejection factors for this discipline, which have been commented on by industry scientists. The two parties have not met to discuss the final draft. The final chapter should be completed in the first quarter of fiscal year 1994. Figure 8 indicates that the overall rejection rate for ecological effects studies reviewed since 1988 is 21%. Unless otherwise noted, copies of future Rejection Rate Chapters will be available from U.S. EPA, NCEPI, telephone (513) 891-6561, fax (513) 891-6685. See Appendix B, Other Sources of Information. ------- Figure 5 List A - Rejection Rates for all Residue Chemistry Guideline Requirements * * 60% 50% 40% .2 30% V "a? et 20% 10% 0% 47% Pre-1986 1986-1988 Year Study Submitted 12% Post-1988 * Number of rejected studies/Number of studies reviewed ** Of the total studies reviewed for all guidelines, the percentage of studies that were rejected. NOTE: Rejection rates do not include studies submitted prior to Registration Standards. Figure 6 Rejection Rates for all Toxicology Guideline Requirements § 20% 15% 10% 5% 0% Rejected Studies Supplemental Studies 1985 1986-1988 Year Study Submitted Post-1988 * Number of rejected studies/Number of studies reviewed NOTE: Studies reviewed include studies for Lists A, B, C, and D chemicals as well as for chemicals registered after 1984. A rating of supplemental by a scientist might require substantial new work and add additional time delays to the process. 10 ------- Figure 7 Rejection Rate for all Environmental Fate Guideline Requirements § .*> °a? Ot 60% 50% 40% 30% 20% 10% 0% 54% 41% Pre-1986 1986-1988 Year Study Submitted 28% Post 1988 Figure 8 Rejection Rates for all Ecological Effects Guideline Requirements s. I V st 40% 30% 20% 10% 32% Pre-1986 1986-1988 Year Study Submitted 21% Post 1988 * Number of rejected studies/Number of studies reviewed NOTE: Rejection rates include List A studies reviewed as of 12/1/92, but do not include studies submitted prior to Registration Standards. 11 ------- IV. TOPICS OF THE QUARTER This section reports on the status of various projects related to the reregistration process. Topics covered in this section are likely to change in every issue, depending on the events that took place during that quarter. A. Pesticide Reregistration Pilot Program with the Organization of Economic Cooperation and Development (OECD) OECD Pesticide Work Program EPA is working with the Organization for Economic Cooperation and Development (OECD) to achieve greater harmonization of national pesticide regulatory processes and requirements. International coordination of reregistration programs is an important element of harmonization. The U.S. hosted the first international reregistration workshop for OECD Member countries in October 1992. OECD Member countries agreed in May 1993 to fund a three-year pesticide program of work (1994-1996). This program will: (1) complete and follow up on the pilot project to compare data reviews; (2) share risk reduction information; (3) develop a consensus on environmental risk assessment methods; and (4) develop harmonized test guidelines. Harmonization activities through OECD have the potential to be of great benefit to EPA by reducing the burden of our review workload and achieving greater consistency in national data requirements and regulatory decisions. Following is a description of the elements of the pesticide work program. Pilot Project - At the October 1992 International Pesticide Workshop, participants recommended the initiation of a pilot project to exchange and compare pesticide data reviews developed by OECD member countries for selected pesticides. EPA agreed to manage this project, and the U. S. is also the lead country for the endosulfan data review comparisons. In addition to endosulfan, the other chemicals involved in the pilot project include iprodione, amitraz, diazinon, dinocap, pyridate, and dicofol. The project is ongoing and should be completed in early 1994. The pilot project will likely result in recommendations to overcome differences in review processes, leading to follow-up harmonization efforts. Risk Reduction - Initial efforts will focus on sharing information about national efforts to: (1) eliminate certain uses when a safer alternative is available; (2) decrease use of pesticides generally, and (3) promote alternative pest management technologies. There will be a survey of risk reduction activities in OEiCD member countries, followed by a workshop in 1994. Environmental Risk Assessment - OECD will lead efforts to harmonize environmental risk assessment practices, beginning with a workshop to consider available methods, identify similarities and differences, and propose further work. Test Guidelines - OECD member countries desire a common approach for industry testing of pesticides, which can be achieved through development of more standardized test guidelines. OECD chemical-testing guidelines will be expanded to provide for evaluation of the properties of pesticides. Currently, for example, there are no internationally recognized guidelines for testing and evaluation of environmental fate. For more information about the OECD pilot program, please contact Kennan Garvey at (703) 305-6244. 12 ------- B. Registration Status "Report Card" In the April 1993 edition of the Pesticide Reregistration Progress Report, we announced plans to periodically provide each registrant satisifying generic data requirements with a reregistration status Report Card. The purpose of this Report Card will be to facilitate more efficient EPA and pesticide industry co-management of the reregistration process. EPA's goal is to reach a mutual understanding of the status of the database for reregistration for each chemical on List A through D. The Special Review and Reregistration Division's (SRRD) branches currently involved in reregistration are in the process of consolidating two of their existing computer tracking systems into one improved system. The database conversion is scheduled for this summer. The new tracking system will include the Report Card as one of its enhanced reporting features. SRRD has received early input from some industry representatives on this Report Card. In order for this tool to be useful for both the Agency and the providers of generic data, continued communication is essential. A survey will be included with the first Report Card in order to provide registrants the opportunity to offer their comments and suggestions. The first rereregistration status Report Card is tentatively scheduled for Fall 1993. The Report Card will be mailed to all registrants who have received a Phase 4 Data Call-In (DCI). It is hoped that this first mailing will include most cases and some chemicals from all Lists. If an additional mailing of the first Report Card is needed, another mailing will be scheduled shortly thereafter. For any chemical for which a Phase 4 DCI has not been issued, the Report Card will be mailed approximately six (6) months after issuance of the DCI. For additional information, contact Kathy Depukat at (703) 308-8587. C. Streamlined REDs Phase 5 of the accelerated reregistration process mandated by FIFRA 88 results in the production of the Reregistration Eligibility Decision (RED). During this Phase, the review manager in SRRD has the responsibility of coordinating the compilation of data from all sources and for all scientific disciplines. This data is analyzed by scientific staff and assimilated into risk assessments for the pesticide, and is presented along with other technical and regulatory information. The production of the final comprehensive regulatory decision document, known as the RED, is a complicated and time-consuming process. The Streamlined REDs program is an SRRD staff-initiated project that automates the production of the REDs, their attachments and appendices. The goal of the program is to enable review managers to produce REDs more efficiently, and thus enhance EPA's progress toward completing reregistration. Streamlined REDs consist of an agreed-upon, standard format within an automated system for producing REDs, that will be used consistently by everyone involved in the process. 13 ------- The advantages of the Streamlined REDs program are: • Consistency - All REDs will be produced in a standard format, following the same Table of Contents. • Convenience - Electronic copies of the RED format, boilerplate sections of the text, attachments and appendices will be on our computer network and easily accessible to SRRD review managers as well as scientists and coordinators in the science divisions. • Quality Product - The resulting RED documents will have uniform format and fonts; sequentially numbered pages; a finished, professional appearance; and production-ready quality for printing. • Ease in Updating - The most current, approved RED outline, boilerplate contents and accompanying documents can be made available to all review managers by updating the program on a regular basis as needed. There are still some limitations to the Streamlined REDs program. However, briefings are being held within the Office of Pesticide Programs for senior managers, scientists, coordinators, and review managers reponsible for producing REDs to introduce the program, obtain input on further enhancements, and elicit suggestions on continued improvement to both the program and the RED production process. SRRD anticipates that Streamlined REDs also will be the first step in the future development of automated RED archives that will serve as a central repository for all completed REDs and their background documents. The Streamlined REDs production process is one more way SRRD is making improvements as we gear up to issue greater numbers of regulatory decisions. For additional information, contact Kathy Depukat at (703) 308-8587. D. Pesticide Tolerances; Revision to Crop Groups Setting tolerances (pesticide residue limits) on a crop group basis can be advantageous to both growers and pesticide registrants, especially in the case of minor or specialty crops for which individual tolerances would not be cost-effective to pursue. A crop group tolerance is one that is established for a group of related major and minor crops, based on residue data from only a few representative commodities. This option can greatly reduce the cost of obtaining tolerances on a per-crop basis. However, for a variety of reasons, it has been under-utilized in recent years. EPA is proposing revisions to its pesticide tolerance crop grouping regulations (40 CFR 180.34(f)), to provide greater opportunity for obtaining crop group tolerances. The proposed regulations will create subgroupings for eight of the 19 existing crop groups. These smaller subgroupings may be supported by residue data from fewer representative commodities. Petitioners who wish to support only one or some of the commodities in an existing crop group will be able to do this in many cases by pursuing a subgroup tolerance. This new alternative should reduce the cost of developing residue data to support the registration and reregistration of many minor uses. EPA published proposed revisions to the crop grouping regulations in the Federal Register on August 25, 1993, and is inviting public comment for 60 days. For more information on crop grouping and other Agency initiatives to support minor uses, please contact Hoyt Jamerson at (703)305-5310. 14 ------- E. Delaney In July 1992, the Court of Appeals, Ninth Circuit, ruled that EPA may not invoke a de minimis interpretation of the Delaney clause. The Delaney clause of the Federal Food, Drug, and Cosmetic Act prohibits, with limited exceptions, residues of pesticides which have been shown to induce cancer in processed foods. EPA's de minimis interpretation had allowed pesticide residues posing only a negligible lifetime cancer risk. EPA began implementing the court's decision by issuing a notice in the Federal Register on February 5, 1993, requesting comments on EPA policies used in regulating pesticide residues in both raw and processed foods. Those comments will be considered for future actions on affected food additive regulations and tolerances. In addition, EPA announced a new policy on section 18 emergency exemptions. On May 7, 1993, EPA stated it would no longer allow emergency exemptions for Delaney-affected pesticides, thereby revoking existing exemptions and denying any new requests. While the court did not mandate any time frames, EPA must proceed to implement the decision regardless of the benefits of a pesticide use or any pending regulatory decisions. EPA expects the next phase of implementing the Ninth Circuit court's decision will occur in late 1993 or early 1994. This action will address comments submitted in response to the February 5,1993, Federal Register notice, summarize EPA's policies on regulating pesticide residues in foods, and propose action for affected pesticides. F. New Registration Branch in SRRD During this quarter, a new Planning and Reregistration Branch (PRB) was created in SRRD/OPP. Under the leadership of Branch Chief James Kearns, PRB joins two existing SRRD Reregistration Branches in handling reregistration chemical/case reviews. In addition, the new Branch will assume the administrative responsibilities associated with completing product reregistration, a task previously conducted by OPP's Registration Division. PRB is composed of two Sections, as well as SRRD's administrative, planning, and budget staff. The Chemical Review Section, headed by Barbara Briscoe, handles all reregistration matters for 30 List B, C, and D chemical cases. The Systems and Outreach Section, which Carol Stangel heads on an acting basis, is responsible for all SRRD publications and outreach activities, systems support and coordination, contracts management, and special projects. All components of the Branch will support the product reregistration effort, when the administrative responsibility for this function is officially transferred to SRRD in September 1993. 15 ------- V. SPECIAL REVIEW DECISIONS This section summarizes the significant regulatory decisions made on chemicals in the Special Review process during the third quarter, fiscal year 1993. The formal Special Review process for chemicals which have met or exceeded risk criteria of unreasonable adverse effects is set forth in 40 CFR Part 154. Special Review decisions represent major EPA actions which may ultimately cancel, deny, or reclassify the registration of pesticide products, because uses of the products may cause unreasonable adverse effects on human health or the environment. In addition, Special Review decisions may establish policy or guidelines on which other environmental decisions relating to pesticide registrations are based. For further information on Special Review chemicals, please call (703) 308-8010. Azinphos-methyl - On April 15, 1993, EPA reached an agreement with the producers of azinphos-methyl (Guthion) to amend their registrations for use on sugarcane in Louisiana. The agreement requires label revisions, a monitoring study, and a condition of immediate stop sale if certain criteria of "adverse aquatic effects" are met. The label revisions required on all products sold or distributed after June 1, 1993 include decreasing the maximum number of appplications per season from 3 to 2 and increasing the buffer zone around any body of water from 75 to 100 feet. Basic registrants as well as end-use formulators agreed to the condition of stop sale and distribution in the event of additional adverse aquatic effects. Such effects are defined as either repeated fish kills or a single fish kill incident of significance in bodies of water in Louisiana other than drainage ditches or private fields. The agreement stipulated that any fish kill must be confirmed by the following: (1) the incident must be investigated by the Louisiana Department of Agriculture and Forestry (LDAF) or other State/Federal agency and the results of the investigation must be evaluated by LDAF or EPA; (2) the evaluation must conclude that azinphos-methyl was the primary cause of the fish kill as evidenced by the presence of 2.0 parts per billion (ppb) or greater in the water, or concentrations below 2.0 ppb with evidence of azinphos-methyl poisoning such as abnormal swimming behavior exhibited by the fish; and (3) the incident must have been caused by normal legal use of the pesticide. The Agency had worked out earlier with the LDAF to implement a risk reduction plan for the use of azinphos-methyl. It required, among other things, for all agricultural consultants to report recommended uses of azinphos-methyl to LDAF, and any user to obtain written permission from the LDAF for the use of azinphos-methyl. As part of the earlier agreement with LDAF, two emergency use alternative plans were established. A prescriptive use program (use allowed only when prescribed by LDAF under specific conditions) for azinphos-methyl would be effected if the Agency granted a section 18 registration for the azinphos-methyl alternative, cyfluthrin. The other option, in the event the Agency did not grant the section 18 registration, would effect prescriptive use only when certain specific water criteria were met. The section 18 was granted on July 9, 1993. The last provision of the agreement requires a monitoring study of azinphos-methyl on sugarcane in Louisiana. Arsenic Acid - A Special Review of inorganic arsenicals was begun in 1978, followed by a divergence of the review for wood uses and non-wood uses. The review of wood uses terminated in 1984 while the review for non-wood uses continued. The current action, voluntary cancellation of the remaining use of arsenic acid as a cotton desiccant, will conclude the Special Review of the inorganic arsenical non-wood uses. Registrants holding products for the remaining use 16 ------- requested voluntary cancellation of those products in accordance with a settlement agreement reached with the Agency earlier this year. The 6(f) Notice announcing the voluntary cancellation was published in the Federal Register on May 6, 1993 (58 FR 26975). Existing stocks provisions allow sale until October 31, 1993 and use by end-users until December 31, 1993. Unopened containers of leftover stock will be bought back by the registrant for conversion to wood preservative or proper disposal. A notice formally concluding the Special Review will be published shortly. Sporicidin/WipeOut - After initiating regulatory action for two antimicrobial agents, Sporicidin and WipeOut, the Agency concluded a settlement agreement with the registrants. In December 1991 and May 1993, the Agency issued Stop Sale, Use and Removal Orders for Sporicidin and WipeOut, respectively. Both products had been tested by EPA as part of an ongoing antimicrobial efficacy testing program, and the test results indicated that neither product provided effective control of organisms as claimed on the labels. Subsequently, EPA notified the registrants that cancellation actions would be initiated if they did not sign a consent decree and request cancellation of the registrations. The registrant of Sporicidin requested voluntary cancellation of their product and a 6(f) Notice to that effect was signed on June 29, 1993 and published in the Federal Register on July 14, 1993 (58 FR 37931). The registrant of WipeOut rescinded their request for voluntary cancellation, and as agreed, the Agency proceeded with Notice of Intent to Cancel which was signed on July 29, 1993. It was published in the Federal Register on August 5,1993 (58 FR 41779). Figure 11 Special Review Decisions Scheduled and Completed - Third Quarter FY 93 Special Review Decisions Scheduled Special Reviews Completed 17 ------- Tolerance Revocations - SRRD processed three tolerance related actions in addition to completing three Special Review decisions during the third quarter of fiscal year 1993. The Agency received two petitions to request revocation of certain food additive regulations. E.I. du Pont de Nemours & Co. submitted a petition requesting revocation of the tolerance established under section 409 of the Federal Food, Drug, and Cosmetic Act (FFDCA) for combined residues of the fungicide benomyl and its metabolites containing the benzimidazole moiety in concentrated tomato products. The Mancozeb Task Force submitted a petition requesting revocation of a tolerance established under section 409 of the FFDCA for the fungicide mancozeb in or on raisins, bran of barley, oats, rye, and wheat; and the flours of barley, oats, rye, and wheat. The petitioners claim that no section 409 tolerances are necessary for these uses because the residues do not concentrate during processing. The Agency's notice announcing receipt of and soliciting comment on these actions was published in the Federal Register on May 19,1993. The third tolerance action processed was the final rule revoking the tolerance for aldicarb in or on the raw agricultural commodity bananas. In March 1992, the registrant no longer supported the registration of aldicarb use on bananas and such registrations were canceled. The Agency issued a proposed rule to revoke the tolerance in the Federal Register of July 15, 1992. The final rule was published in the Federal Register on June 29,1993. Figure 11 shows the Special Review decisions scheduled and completed, by quarter, for this fiscal year. The three completed Special Review decisions exceeded the original target of two Special Reviews for the third quarter of fiscal year 1993. 18 ------- VI. CALENDAR OF EVENTS (FY 1993-1994) 4th Quarter FY 93 15 REDs are scheduled to be completed during this quarter for a total of 20 REDs in FY 93. One Special Review decision is scheduled to be completed during this quarter for a total of eight Special Reviews in FY 93. The Toxicology, Environmental Fate, and Worker Exposure Chapters of the Rejection Rate Analysis will be available. The 1993 revised Rainbow Report will be published, and mailed to everyone on the Progress Report mailing list. Phase 4 of Lists B, C, and D will be completed. The first group of "Report Cards" is scheduled for mailing. The Ecological Effects Chapter of the Rejection Rate Analysis is scheduled to be completed. An OPP Workshop on pesticide reregistration, registration, and special review is planned, with special emphasis on pesticide use reduction, reduced risk pesticides, the revised worker protection standards, the Rejection Rate Analysis, pesticide labeling issues, and other timely topics. 19 ------- Appendix A. Cumulative Summary of Reregistration Actions The following list is a cumulative summary of the reregistration actions completed to date. OPP has completed REDs and summary fact sheets for each of the pesticides (cases) listed below. Copies of the fact sheets and the REDs may be obtained during the comment period from the Docket, Public Response and Program Resources Branch, Field Operations Division CUMULATIVE TOTALS Total REDs = 33 Total Chemicals/AI's Covered = 50 Total Products Covered = 2,279 Total Tolerances'=62 H7506C, Office of Pesticide Programs, U.S. Environmental Protection Agency, Washington, DC 20460 Tel: (703) 305-5805. After the comment period, documents are available from the National Technical Information Service (NTIS), Attention: Order Desk, 5285 Port Royal Rd., Springfield, VA 22161 Tel: (703)487-4650. FY 91 REDs Summary RED Case Name 1. Fosetyl-Al (Aliette) 2. Heliothis zea (NPV) 3. Sulfur 4. Methoprene 5. Warfarin 6. Potassium Bromide 7. Sodium and Calcium Hypochlorites 8. Sodium Diacetate 9. Silicon Dioxide/Silica Gel 10. Dried Blood 11. Carbon and Carbon Dioxide 12. Propionic Acid 13. Sodium and Potassium Nitrates Totals List A A A A A A :s A D D D D D D Date Signed 12/90 12/90 3/91 3/91 6/91 6/91 9/91 9/91 9/91 9/91 9/91 9/91 9/91 # Chemicals/AIs Covered 1 1 1 1 2 1 2 1 2 1 2 1 2 # Products*! Covered 2 1 332 63 76 2 770 2 75 3 9 14 6 Total Tolerances 24 0 0 23 0 0 0 0 0 0 0 0 0 18 1,355 47 *i NOTE: The number of products listed reflects the number registered at the time the RED was completed. This number is constantly changing. 20 ------- FY92REDs Summary RED Case Name 14. Heptachlor 15. Allium Sativum (Garlic) 16. Putrescent Whole Egg Solids 17. Citric Acid 18. Capsaicin 19. Alkyl Amine Hydrochloride 20. Indole-3-Butyric Acid (IBA) 21. Zinc Salts 22. Sodium Hydroxide 23. Streptomycin 24. Chlorinated Isocyanurates 25. Nosema/Locustae 26. Ethylene 27. Soap Salts 28. Bone Oil Totals Date # Chemicals/AIs List A D D D D C B D D A A D C D C Signed 3/92 6/92 6/92 6/92 6/92 8/92 8/92 8/92 9/92 9/92 9/92 9/92 9/92 9/92 * Covered 1 1 1 1 1 1 1 2 1 2 5 1 1 2 1 # Products*! Covered 2 4 6 3 8 3 31 7 9 26 741 6 8 25 2 Total Tolerances 0 0 1 0 0 0 0 0 0 14 0 0 0 0 N/A 22 15 Voluntarily canceled FY 93 REDs Summary RED Case Name 29. Oxalic Acid 30. Iron Salts 31. Oxytetracycline 32. OBPA 33. Biobor Date # Chemicals/AIs # Products*! Total List Signed Covered Covered Tolerances Totals D D A A C 12/92 3/93 3/93 6/93 6/93 1 3 3 1 2 4 5 7 15 12 0 0 0 0 0 10 43 0 *i NOTE: The number of products listed reflects the number registered at the time the RED was completed. This number is constantly changing. DATA CALL-IN SUMMARY Fiscal Year Number of Cases with DCIs Issued FY 1990 FY 1991 FY 1992 FY 1993 (Through the Third Quarter) Total 27 159 97 49 332 21 ------- Appendix B. Other Sources of Information For documents or further information on reregistration issues related to this progress report, please contact the following sources. The following publications are available from: NCEPI P.O. Box 42419 Cincinnati, OH 45242-0419 Tel: (513) 891-6561. Pesticide Reregistration pamphlet. May 1992 Publication Number: EPA 700-K92-004 Status of Pesticides in Reregistration and Special Review (Rainbow Report). March 1992 Publication Number: EPA 700-R-92-004 Rejection Rate Analysis. Residue Chemistry Chapter, June 1992 Publication Number: EPA 738-R-92-001 Rejection Rate Analysis Toxicology Chapter. July 1993 Publication Number: EPA 738-R-93-004 Rejection Rate Analysis Occupational and Residential Exposure Chapter., August 1993 Publication Number: EPA 738-R-93-008 • Rejection Rate Analysis Residue Chemistry Guidance for: Storage Stability Theoretical Concentration Factors Raw Data Guidance Publication Number: EPA 737-R-93-001 • Rejection Rate Analysis Residue Chemistry Guidance on Conducting Rotational Crop Studies Publication Number: EPA 738-B-93-001 • Rejection Rate Analysis Guidance for Conducting Plant and Livestock Metabolism Studies Publication Number: EPA 738-B-92-001 • Rejection Rate Analysis. Environmental Fate Chapter. August 1993 Publication Number: EPA 738-R-93-010 Federal Register Publication of Lists A. B. C. and D List A: FR 2/22/89, pages 7740-7750 ListB: FR 5/25/89, pages 22706-22714 ListC: FR 7/24/89, pages 30846-30855 List D: FR 10/24/89, pages 43388-43396 For information contact: (703) 305-5805 Status of Chemicals in Special Review. February 1993 For information contact: (703) 308-8173 National Pesticide Telecommunications Network (NPTN) For information about pesticide poisoning symptoms and general information: Tel: 1-800-858-7378; Fax: 806-743-3094 22 ------- Appendix C. Technical Terms 1. Formal Pesticide Reregistration Process: For List B, C, and D active ingredients: Phase 1: EPA publishes lists of pesticides. Phase 2: Registrants decide to support chemicals by agreeing to conduct the required studies. Phase 3: Registrants summarize and reformat existing studies and certify access to raw data. The registrants flag potential adverse effects data. Phase 4: EPA reviews Phase 2 and 3 submissions and identifies additional data needs. EPA publishes lists of missing studies and notifies registrants of required studies. Phase 5: All chemical studies must be submitted before this phase. Product-specific studies are required. Once these studies are reviewed and deemed acceptable, products will be reregistered. 2. Unsupported Chemical Cases When a chemical is unsupported, products containing it are proposed for cancellation and may ultimately be canceled by EPA. The number of unsupported chemical cases is constantly changing. Chemical cases often drop out of the reregistration process if a registrant decides it is not cost effective to produce necessary data. However, it is possible for another registrant to support a chemical by submitting the appropriate data and fees to EPA providing the affected registrations are not already canceled. This is considered a "revived case." 2, Data Call-in DCI is a term which refers to EPA's requirement for additional studies on a chemical case. Comments EPA welcomes your comments on this progress report or on activities related to reregistration. Please address your comments to the following: Attention: Moana Appleyard Pesticide Reregistration Progress Report Special Review and Reregistration Division (H-7508W) United States Environmental Protection Agency 401 M Street, SW Washington, DC 20460 For more copies of this report (Publication Number: EPA 738-R-93-006) or to be added to the "SRRD MABELS" mailing list, please write or fax the following address: U.S. EPA, NCEPI P.O. Box 42419 Cincinnati, OH 45242-0419 Telephone: (513)891-6561 Fax: (513) 891-6685 23 ------- APPENDIX C. Technical Terms 1. Formal Pesticide Reregistration Process: For List B, C, and D active ingredients: Phase 1: EPA publishes lists of pesticides. Phase 2: Registrants decide to support chemicals by agreeing to conduct the required studies. Phase 3: Registrants summarize and reformat existing studies and certify access to raw data. The registrants flag potential adverse effects data. Phase 4: EPA reviews Phase 2 and 3 submissions and identifies additional data needs. EPA publishes lists of missing studies and notifies registrants of required studies. Phase 5: All chemical studies must be submitted before this phase. Product-specific studies are required. Once these studies are reviewed and deemed acceptable, products will be reregistered. 2. Unsupported Chemical Cases When a chemical is unsupported, products containing it are proposed for cancellation and may ultimately be canceled by EPA. The number of unsupported chemical cases is constantly changing. Chemical cases often drop out of the reregistration process if a registrant decides it is not cost effective to produce necessary data. However, it is possible for another registrant to support a chemical by submitting the appropriate data and fees to EPA providing the affected registrations are not already canceled. This is considered a "revived case." 3. Data Call-in DCI is a term which refers to EPA's requirement for studies on a chemical case. Comments EPA welcomes your comments on this progress report or on activities related to reregistration. Please address your comments to the following: Attention: Moana Appleyard Pesticide Reregistration Progress Report Special Review and Reregistration Division (H-7508W) United States Environmental Protection Agency 401 M Street, SW Washington, DC 20460 For more copies of this report or to be added to the "SRRD MABELS" mailing list, write or fax the following address: U.S. EPA, NCEPI P.O. Box 42419 Cincinnati, OH 45242-0419 Telephone: (513)891-6561 Fax:(513) 891-6685 Publication Number: EPA 730-R-93-001 24 ------- |