June 25, 2014
EPA-HSRB-14-01

Robert Kavlock, Ph.D.
Interim EPA Science Advisor
Office of the Science Advisor
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Subject: April 8-9, 2014 EPA Human Studies Review Board Meeting Report
Dear Dr. Kavlock,

       The United States Environmental Protection Agency (EPA or Agency) requested that the
Human Studies Review Board (HSRB) provide scientific and ethics reviews of two new scenario
designs and associated protocols and two newly proposed protocols. The Board's responses to
the related charge questions and their additional comments are enclosed in a final meeting report
for the April 8-9, 2014, meeting. This letter indicates the key findings from the Board's reviews.

A New Scenario Design and Associated Protocol from the Antimicrobial Exposure
Assessment Task Force (AEATF-II) Describing Proposed Research to Monitor Dermal and
Inhalation Exposure During Manual Pouring of Solid Formulation Antimicrobial Products
(AEA07)
Science
       The Board concluded that this research, if modified in accordance with the suggestions
       made by the Agency and the Board, is likely to generate scientifically reliable data. The
       residential component of the research will be useful for assessing the exposure of those
       who pour solid formulation antimicrobial products into swimming pools using a wide
       range of techniques. The occupational component of this research will be useful for
       assessing exposures over a narrower but practical range of parameters.
Ethics
   •   The Board concluded that the protocol submitted for review, if modified in accordance
       with EPA (Leighton, Sherman & Cohen, 2013) and HSRB recommendations, is likely to
       meet the applicable requirements of 40 CFR 26, subparts K and L.

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A New Scenario Design and Associated Protocol from the AEATF-II Describing Proposed
Research to Monitor Dermal and Inhalation Exposure During Application of Latex Paint
Containing an Antimicrobial Pesticide Product Using Brush and Roller Equipment
(AEA09)
Science
   •   The Board agreed with the Agency's conclusion that, if modified according to Agency
       and HSRB recommendations, the proposed research to monitor dermal and inhalation
       exposure during application of latex paint containing an antimicrobial pesticide using
       brush and roller equipment is likely to produce scientifically reliable data. The Board also
       agreed that the modifications to the protocol suggested by the EPA (Leighton, Sherman
       & Cohen, 2014a) be accomplished before initiation of the study.

Ethics

   •   The documents submitted to the EPA and the HSRB do not fully meet the regulatory
       requirements. However, the Board concluded that the protocol submitted for review will
       likely meet the applicable requirements of 40 CFR part 26, subparts K and L, if: 1) it is
       modified in accordance with EPA (Leighton, Sherman, & Cohen, 2014a) and HSRB
       recommendations; 2) necessary approvals are obtained; and 3) additional documents are
       provided to the Agency for review.

A New Protocol from the AEATF-II Describing Proposed Research to Measure the
Removal Efficiency of l,2-Benzisothiazol-3(2H)-one (Known as BIT) from Hand Surfaces
Using an Isopropyl Alcohol/Water Wipes and Wash Procedure (AEA08)

Science

   •   With the exception of one member, the Board concluded that the proposed research is
       likely to generate  scientifically reliable data, useful for determining the removal
       efficiency of BIT from the hands due to dermal exposure associated with the use of latex
       paint and non-paint liquid solutions containing BIT, provided that the protocol is
       modified to address the issues raised by EPA and the HSRB.
Ethics
       The documents submitted to the EPA and the HSRB do not fully meet the regulatory
       requirements. Despite this, the Board concluded that this protocol will likely meet the
       applicable requirements of 40 CFR 26, subparts K and L if: 1) it is modified in
       accordance with EPA (Leighton, Sherman & Cohen, 2014b) and HSRB
       recommendations; 2) necessary approvals are obtained; and 3) additional documents are
       provided to the Agency for review.

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A New Protocol from the U.S. Department of Agriculture Describing Proposed Research to
Determine the Bite Protection Level of Repellent Treated Clothing for the United States
Military
Science
   •   The Board concurred that the proposed protocol will likely generate scientifically reliable
       data for estimation of bite protection efficacy of impregnated clothing, if improvements
       in the overall study design enumerated by EPA (Sweeney & Sherman, 2014) and the
       Board are adequately considered.

Ethics

   •   The Board concluded that the protocol submitted for review, if modified in accordance
       with EPA (Sweeney & Sherman, 2014) and HSRB recommendations, is likely to meet
       the applicable requirements of 40 CFR 26, subparts K and L.


Sincerely,
Rebecca T. Parkin, PhD, MPH
Chair
EPA Human Studies Review Board

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                                       NOTICE

       This report has been written as part of the activities of the EPA Human Studies Review
Board, a Federal advisory committee providing advice, information and recommendations on
issues related to scientific and ethical aspects of human subjects research. This report has not
been reviewed for approval by the Agency and, hence, the contents of this report do not
necessarily represent the view and policies of the Environmental Protection Agency, nor of other
agencies in the Executive Branch of the Federal government, nor does the mention of trade
names or commercial products constitute a recommendation for use. You may obtain further
information about the EPA Human Studies Review Board from its website at
http://www.epa.gov/osa/hsrb. You may also contact the HSRB Designated Federal Officer, via e-
mail  at ord-osa-hsrb@epa.gov

       In preparing this document, the Board carefully considered all information provided and
presented by the Agency presenters, as well as information presented by public commenters.
This  document addresses the information provided and presented within the structure of the
charge by the Agency.

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                    US ENVIRONMENTAL PROTECTION AGENCY
                         HUMAN STUDIES REVIEW BOARD
Chair
Rebecca Parkin, PhD, MPH, Professorial Lecturer (EOH), Milken Institute School of Public
Health, The George Washington University, Washington, DC

Vice Chair

*Jewell H. Halanych, M.D., Assistant Professor, Internal Medicine Residency Program,
Montgomery Campus of the University of Alabama School of Medicine, Montgomery, AL

Members

Liza Dawson, Ph.D., Bioethicist, Research Ethics Team Leader, Division of AIDS National
Institutes of Allergy & Infectious Diseases, Bethesda, MD

George Fernandez, PhD, Professor of Applied Statistics, Director of the University of Nevada-
Reno Center for Research Design and Analysis, University of Nevada-Reno, Reno, NV

Kyle L. Galbraith, Ph.D., Manager, Human Subjects Protection, Carle Foundation Hospital,
Urbana, IL

Edward Gbur, Jr., Ph.D., Professor, Agricultural Statistics Laboratory, University of Arkansas,
Fayetteville, AR

Sidney Green, Jr., PhD, Fellow of the ATS, Professor (Retired), Department of Pharmacology,
Howard University College of Medicine, Washington, DC

Elizabeth Heitman, Ph.D., Associate Professor of Medical Ethics, Center for Biomedical
Bioethics and Society,  Vanderbilt University Medical Center, Nashville, TN

John C. Kissel, PhD, Professor, Department of Environmental and Occupational Health, School
of Public Health, University of Washington, Seattle, WA

Randy Maddalena, Ph.D., Physical Research Scientist, Indoor Environment, Lawrence Berkeley
National Laboratory, Berkeley, CA

William Popendorf, PhD, MPH, Professor Emeritus, Department of Biology, Utah State
University, Logan, UT

Kenneth Ramos, M.D., Ph.D., PharmB, Associate Vice President, Precision Health Sciences,
Professor of Medicine, Arizona Health Sciences Center, Tucson, AZ

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Leonard Ritter, Ph.D., ATS, Professor Emeritus (Toxicology), School of Environmental
Sciences, University of Guelph, Guelph, ON, Canada

Linda J. Young, PhD, Professor, Department of Statistics, Institute of Food and Agricultural
Sciences, University of Florida, Gainesville, FL

Consultants

Sean Philpott-Jones, Ph.D., M.S. Bioethics; Director, Research Ethics; The Bioethics Program;
Union Graduate College; Icahn School of Medicine at Mount Sinai; Schenectady, NY

Kendra L. Lawrence, Ph.D., BCE, Senior Technical Consultant, US Army Medical Material
Development Activity, General Dynamics Information Technology, Fort Detrick, MD

Human Studies Review Board Staff

Jim Downing, Executive Director, Human Studies Review Board Staff, Office of the Science
Advisor, United States Environmental Protection Agency, Washington, DC

*Not a participant at this meeting.

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INTRODUCTION

On April 8 and 9, 2014, the United States Environmental Protection Agency's (EPA or Agency)
Human Studies Review Board (HSRB) met to address the scientific and ethical charge questions
related to two new scenario designs and associated protocols and two newly proposed protocols.

   •  A New Scenario Design and Associated Protocol from the Antimicrobial Exposure
      Assessment Task Force (AEATF-II) Describing Proposed Research to Monitor Dermal
      and Inhalation Exposure During Manual Pouring of Solid Formulation Antimicrobial
      Products (AEA07)
   •  A New Scenario Design and Associated Protocol from the AEATF-II Describing
      Proposed Research to Monitor Dermal and Inhalation Exposure During Application of
      Latex Paint Containing an Antimicrobial Pesticide Product Using Brush and Roller
      Equipment (AEA09)
   •  A New Protocol from the AEATF-II Describing Proposed Research to Measure the
      Removal Efficiency of l,2-Benzisothiazol-3(2H)-one (Known as BIT) from Hand
      Surfaces Using an Isopropyl Alcohol/Water Wipes and Wash  Procedure (AEA08)
   •  A New Protocol from the U. S. Department of Agriculture Describing Proposed Research
      to Determine the Bite Protection Level of Repellent Treated Clothing for the United
      States Military


REVIEW PROCESS

The Board conducted public face-to-face meetings in Arlington, Virginia, on April 8 and 9,
2014. Advance notice of the meeting was published in the Federal Register as "Human Studies
Review Board; Notice of Public Meeting" (USEPA, 2014).

Following welcoming remarks from Agency officials, the Board heard presentations from EPA
on each of the four protocols listed above. This Final Report of the meeting describes the
discussion, recommendations and rationale in response to each charge question for each protocol.
The Agency also made a presentation about the Repellency Awareness Graphic. The lead author
of the HSRB Work Group on the Return of Individual Research Results described the group's
workshop deliberations and report. Brief sections summarizing these latter two agenda items and
the Board's discussions about them are included at the end of this meeting report.

For each protocol, Agency staff first presented their review of the science components of the
proposal and the Board asked the Agency presenters clarifying questions about the science. The
staff then described their review of the ethical aspects of the proposal and the Board asked
clarifying questions about the ethical issues. The Board solicited public comments and next
asked Agency staff to read the Charge Questions for the proposed protocol under consideration.
The Board discussed the science question first and then the ethics question. Upon conclusion of
the discussion of each question, the Chair called for a vote on a summary statement in response
to that question.

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For their evaluation and discussion, the Board considered materials presented at the meeting, oral
comments, one letter from the public, and Agency background documents (e.g., the proposed
study protocols; AEATF governing documents; standard operating procedures and policies;
institutional review board documentation; statistical methods and estimates); and the Agency's
science and ethics reviews of the proposed protocols. A comprehensive list of background
documents is available online at http://www.epa.gov/hsrb/.
CHARGE TO THE BOARD AND BOARD RESPONSE

A New Scenario Design and Associated Protocol from the Antimicrobial Exposure
Assessment Task Force (AEATF-II) Describing Proposed Research to Monitor Dermal and
Inhalation Exposure During Manual Pouring of Solid Formulation Antimicrobial Products

Overview of the Scenario Design and Associated Protocol

AEATF-II's solid pour study (AEA07) is designed to measure dermal and inhalation exposures
of workers and consumers when they manually pour solid antimicrobial products. The surrogate
chemical for this study will be cyanuric acid (CYA). In this protocol, "pour" means either pour
or scoop; scoops will be used in scenarios with larger containers. Two separate solid
formulations are to be used; a powder and a granular product.  Each formulation will be handled
by the two sets of participants: workers and consumers. The research will be conducted in a
warehouse in Concord, Ohio.

Four scenarios will be studied: occupational pouring of granules, occupational pouring of
powders, residential  [i.e.; consumer] pouring of granules, and residential pouring of powders.
Each scenario will have 18 monitoring events (MEs) and three amounts of active ingredient
handled (AaiH). The duration of pouring and the sizes and types of source and receiving
containers will vary within each scenario. The same 18 worker participants will be studied in the
two occupational scenarios, and the same 18 residential participants will be assessed in the two
consumer  scenarios.  The occupational group will wear chemical resistant gloves while pouring a
formulation into a mixing tank. The consumer group will not wear gloves as they pour the
product into a swimming pool. Each ME will include measurement of dermal exposure by using
inner and outer dosimeters, as well as hand and face washes. Breathing zone air concentrations
for each ME will be  measured using personal air monitors.

Participants for the study will be recruited from occupational and residential populations. The
workers will be sought from experienced professional applicators (users), while the consumers
will be recruited from residential groups with experience treating their swimming pools with
solid formulations. The AEATF-II study is designed to represent real-world use of commercially
available solid antimicrobial products. The study is intended to identify high-end levels of
potential exposure. The Agency plans to use the resulting data in algorithms to estimate
occupational and residential handlers' daily exposures from pouring or scooping solid
antimicrobial products and to assess the related risks they would experience.

EPA's review of the proposed protocol was completed on September 10, 2013, and presented to
the HSRB on April 8, 2014. The protocol was reviewed and approved by an independent human

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subjects review committee, Shulman Associates 1KB (SAIRB) of Sunrise, FL. The Agency made
recommendations for improvements in both scientific and ethics aspects of the protocol.

Science

Charge to the Board

    •   Is this research likely to generate scientifically reliable data, useful for assessing the
       exposure of those who pour solid formulation antimicrobial pesticide products?

Board Response to the Charge

HSRB Recommendation

The Board concluded that this research, if modified in accordance with the suggestions made by
the Agency and the Board, is likely to generate scientifically reliable data.  The residential
component of the research will be useful for assessing the exposure of those who pour solid
formulation antimicrobial products into swimming pools using a wide range of techniques.  The
occupational component of this research will be useful for assessing exposures over a narrower
but practical range of parameters.

HSRB Detailed Recommendations and Rationale

The Board agrees with the Agency's statement that revisions in the protocol need to be made
regarding  assigning specific AaiH,  scoop sizes, and containers; requiring all subjects to wear
particulate dust masks;  and providing additional details about the airflow orientation.
Furthermore, the AEATF-II will need to provide hand wash removal efficiency information to
allow EPA to correct for incomplete residue removal from the hand sampling.

The Board expressed concerns with (1) the narrow range of use conditions proposed for all
occupational users, in contrast to the wider range of product particle diameters, heights of "free-
fall" while pouring, local air velocities, geometries of the receiving container, the subsequent
time spent in the immediate vicinity of the pour, and the difference between new versus used
gloves; (2) the potential for the occurrence of one or more identifiable random events (especially
within the residential scenario)1 that have the potential to overwhelm the underlying effect of
proportionality over a 10-fold range in the residential AaiH; (3) the weak scientific justification
offered to differentiate the studies being proposed to assess exposures while pouring solid
antimicrobial products from studies already approved to assess exposures while pouring solid
agricultural pesticides; (4) the inclusion of more research design features to enhance the
likelihood of successful statistical tests of the results; and (5) the age and quality of toxicity
studies used in support  of the safety of a chemical or agent. Each of these five concerns is
explained further below.

1.   Most of these concerns are predicated upon factors generally known to affect a user's
exposure and dose while pouring a solid (nonvolatile) product (e.g., Popendorf, 2006, pp. 216-
229).  A summary  of those factors is provided below.
  Such as a wet hand contacting the dry formulation while scooping or during a major spill.

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  The product's distribution of particle diameters. Aerodynamic diameter influences the
  amount of airborne particles that are generated by a given action (e.g., pouring from a given
  height), the settling velocity of these airborne particles, and (in combination with local air
  velocity as discussed below) the distance they travel before (or while) contributing to dermal
  (and airborne exposures), respectively.  In typical indoor air (discussed below), particles
  larger than about 100 um will fall a distance of one meter within about 1-4 meters of their
  source,  meaning they will usually fall out of the air and land on a nearby surface (the floor if
  not before).  Particles smaller than about 50 um have a good chance of staying airborne for
  more than 10 meters.  Sedimentation has almost no effect on particles 10 um or less in
  diameter, and these small particles will behave similar to vapors.

  The distance the product is allowed to "free fall" from its pouring container to its receiving
  container. The amount of aerosol generated during a pouring operation is in some way
  proportional to the magnitude of the gravitational energy released when the poured material
  encounters either the bottom of the receiving container or the material already accumulating
  within that container.  The protocol for occupational uses proposes a consistent free fall
  distance of about 18 inches by pouring the chemical through the top of a loading tank 36
  inches tall and approximately half-full of circulating water.  This distance is reasonable but
  may or may not represent a high-end exposure scenario for manual pouring. The range of
  free falls for the residential handlers is somewhat wider and will be replicated by allowing
  each person to stand, bend, or kneel on a deck surrounding a swimming pool and while
  pouring down to the water level.

  The local horizontal air velocity, i.e., both its direction and speed.  Horizontal air currents in
  typical mechanically ventilated rooms are generally in the range of 20 to 40 feet per minute
  (fpm) but can exceed 100 fpm.2 Room air currents in a given location may also be vertical3
  and will usually have momentary vertical components due to turbulence.  Particles will fall
  any time their settling velocity exceeds the local upward  air speed; this process is called
  sedimentation.  Thus, either some knowledge is needed of local air currents between the pour
  site and the person pouring or/and some steps need to be  taken within the protocol to assure
  those conditions are varied among MEs.

  The geometry of the receiving container, in  particular the height of its opening in relation to
  the user and any constraints like a lid. Receiving container geometry (in combination with
  the above factors) will affect the portions of a user's body on which most of the airborne
  particles will be deposited due to sedimentation and the magnitude of those depositions.
  While the height of receiving containers in industrial settings can easily range from floor
  level (or below) to above waist height, the protocol specifies a fixed height of approximately
  36".  Again, that height is reasonable but may or may not represent a high-end exposure
  scenario. However, the effect of a lid is more uncertain and  thus problematic within the
  protocol. A partial lid will  reduce the plume, but increase the likelihood of spillage  and
  create a nearby large horizontal surface on which large diameter particles will collect via
What some would call a "draft".
Especially near a warm or hot source or where a horizontal air current encounters a vertical barrier.
                                                                                      10

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    sedimentation.  The latter can increase real-world exposures whether or not the person who
    pours also cleans (e.g., wipes or vacuums) those nearby surfaces.4

 •  The subsequent time spent in the immediate vicinity of the pour attending to some ancillary
    aspect of the pouring and mixing process. Time spent nearby (in combination with the
    above) will affect airborne exposures as well as the amount of airborne particles that will be
    deposited on the person due to sedimentation. The most common example is mixing while
    and immediately  after pouring, but these are not included in this protocol. Industrial uses of
    biocides5 usually require some form of mixing to assure suspension of the product.  This
    mixing is most efficient if conducted during and immediately after the pouring step, and the
    same person who pours usually also monitors that  mixing process.  Another task is some, at
    least rudimentary, cleanup.  More cleanup is likely to occur where the receiving container has
    a lid.  Thus, the same person is usually in the near  vicinity of the pour and is exposed to any
    particles still suspended in the air that can contribute to both their airborne and dermal
    exposures for several minutes.

 •  The use of personal protective equipment (PPE); in this case, gloves and respirators. The
    protocol justifies  the consistent use of gloves by occupational handlers, no gloves by
    consumers, and, if modified, consistent use  of respirators by all. However, new gloves
    provided to each participant are not the same as gloves previously used multiple times by the
    same person to handle the same solid formulated product. Past studies of handlers using their
    own gloves have  shown significant hand exposures, on the order of 50% of their whole-body
    dose, presumably because of the accumulation of small amounts of material over time
    (Popendorf, et al., 1995).

The narrow range of use conditions proposed for the occupational scenario will make it difficult
to extrapolate to other use conditions or to assure that the test conditions represent high-end
exposures. Some use can be made of scientific  principles that pertain to the  factors that are listed
above; however, most of these effects are more  qualitative than quantitative. Among the known
factors, it was encouraging to hear that information regarding the particle size distribution of the
surrogate product will be provided.  There are limits to the range of free-fall and receiving
container geometries that can be replicated in a  purposive diversity study.  The Agency has
already asked the sponsor to provide additional  details about the airflow. At the time of the
meeting, the protocol appeared to require the researchers to report a heating ventilation and air
conditioning (HVAC) air exchange rate. Unless a case can be made for how the air exchange rate
will be used, there  does not seem to be a need within this protocol to have "a facilities
maintenance engineer with HVAC training or an industrial hygienist will document the HVAC
system (if there is one) in the warehouse and measure  the air exchange rate" (Leighton, Sherman
& Cohen,  2013, p.  13).

However,  a few suggestions were made to either increase diversity or better replicate real-world
occupational settings. At 20 to 40 fpm, the air velocity in indoor settings is typically too weak to
sense but can be measured and is predominantly from  one direction at any given location.  The
HSRB recommended that the Agency consider  requiring steps within the protocol to add some
 In fact, such accumulations left unattended could become the largest component of long-term time-
weighted average (TWA) dermal exposures which are beyond the purview of this protocol.
 As well as, most other solid formulations being poured, even in agricultural settings.
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variability to the effect of ventilation in the indoor setting and thereby compensate the expected
consistent air velocity at any one test location.6

The Board also suggested that the EPA consider adding a step into the occupational protocol that
would cause the ME to spend some time in the immediate vicinity of the receiving container
subsequent to the pour, e.g., five minutes. While any time so spent would add realism, adding
some rudimentary cleanup to the lip of the receiving container, its lid, and any inadvertent
spillage would add even more realism. Applying this step to all or a random portion of MEs is
another design option.7

The HSRB noted that because all occupational users will wear gloves these data cannot be used
to estimate exposures to such users without gloves.8 The issue of differences between new versus
used gloves is less clear; it is not feasible to provide used gloves to the occupational handlers.9
A simpler although less satisfying  step would be to multiply the whole-body dermal exposures
measured with new gloves by 2x (based on pre-rule published data, Popendorf et al., 1995),
which is also indicative of the probable magnitude of this issue.

2.  The residential protocol  is much more complex than the occupational protocol. It involves
having some residential handlers pour their solid product straight from its container, others using
a scoop, and a portion of both pouring first into a bucket, pre-dissolve it, then pouring the liquid
mixture into the pool. Other than the  protocol covering such a wide diversity of conditions that
will limit its applicability to other more narrowly defined handling tasks, the proposed protocol
seems likely to do a very good job of  assessing exposures to consumers  treating a swimming
pool.

The fact that residential users will not wear gloves is understandable, but it heightens the
probability for otherwise minor variations in application practices to create major variations in
measured exposures.  One notable example would be someone scooping biocide with a wet hand.
It is well known that powders or granulars will stick to wet skin better than dry skin. It is more
likely for someone to have wet hands  around a pool than in an industrial setting. A wet hand
holding a scoop inserted into a container is more likely to contact the product than if just pouring
from  its package. While no predicted value can be put on the relative increase in measured
exposure that such an event  would cause, it seems likely to exceed the 10* range between the
low median AaiH (3.3 Ib. in Group 1) and high median AaiH (38 Ib. in Group 3).  In contrast,
 For example, if all tests are to be conducted in the same location within the warehouse, each ME could
be instructed to work on a designed but different side of the receiving container.  If such instructions are
deemed too intrusive, then at least the equipment available to each ME can be pre-positioned on a
different side of the receiving container. In either case, at least four different sides should be used.
 A potentially important suggestion was later made that when adding variability into purposive diversity
studies of this nature, it is preferable to add it via a randomization structure by creating a list of the
sequence of combinations of variables to be tested rather than allowing the probability of small numbers
to operate haphazardly
o
 Apparently no labels for use without gloves are anticipated; so this point is moot.
 Future research might be conducted to assess naturally accumulated residues inside gloves used in real
occupational settings.  Other future research might be conducted into creating artificially contaminated
gloves and into how much of the residues inside such gloves (whether created naturally or artificially)
would transfer to wearers.
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occupational users might have major spills, but their gloves should limit the excursions within
their measured exposures.  Given the stated goals of this study, no preventive steps against such
occurrences is suggested, but one can anticipate that such an eventuality is likely to have a major
effect on the subsequent tests for proportionality of unit exposure values with AaiH. The Board
recommended that the observer of these MEs be instructed to watch very carefully for and note
such occurrences, especially since a wet hand scooping inside a container may occur out of the
observer's sight.

3.   The Board also expressed some concern that the justification for conducting these studies
appears more descriptive than scientific, and at best qualitative rather than quantitative. The
question was asked, assuming that proprietary issues can be overcome, could this data-need be
satisfied by using the new AHETF exposure data generated by pouring agricultural pesticides?
Of particular interest are the conditions pertaining to prior pre-rule data from AHE39 and the
previously reviewed protocols in AHE80 (Evans, Parsons & Sherman, 2010). AEATF-II cited
five key differences between pouring solid antimicrobial products and pouring solid agricultural
pesticides (Leighton, Sherman & Cohen, 2013, p. 21).  However, most of these differences are
either not serious, could be  overcome,  or/and are not rooted in science. For example, they state
that agricultural granules are designed to be applied dry, directly to the soil surface and not
mixed with water; this may be true for some, but many solid agricultural pesticides are poured
into either an applicator bin or a tank of water.  Another claim, agricultural granules are made up
of carrier particles (such as  clay, corn cob, or sand) to which the active ingredient is sorbed, but
most antimicrobial granules do not contain an inert carrier. This claim is true for some but not for
agricultural dry flowables, and the difference should be accounted for by their aerodynamic
diameters (if they differ) and the known concentrations of their AIs. Their other justifications
can be questioned similarly.

In contrast to the Agency's  approach, a more scientific focus would be based on the use
conditions outlined above (see item  1) or on a few other parameters such as the range of AaiH,
the size of the pouring containers, and the use or not of scoops.  Further discussion revealed that
there are more scientific-based differences between the new AHETF data and that proposed
herein.  The agricultural containers in AHE39 were all 10 and 13 Ib. bags and only half of those
in AHE80 are within the 1 to 100 Ib range of those proposed herein;10 agricultural mixer/loaders
rarely if ever use scoops that all the occupational biocide handlers will use; only 10 of AHE39's
25 MEs have an AaiH of 100 Ib. or less (the range of interest to the AEATF). Thus, a valid
scientific basis was found for conducting the proposed studies.  In the end, the results of at least a
portion  of the two studies should be  compared, and their differences and similarities used to
provide further quantitative insight into the effects of use conditions.

4.   In addition to  the statistical issue of incorporating a randomization structure  (noted in the
next to last paragraph in item 1), an additional word of caution was offered.  The statistical
analysis of the gathered data will include modeling exposure as a linear function of AaiH
handled. If data are collected at only three levels of AaiH handled, the choice of alternative
models will be severely limited and difficult, if even possible, to assess if the anticipated linear
model is found to be inappropriate.  The power for testing the assumptions of proportionality will
be relatively low.  A design that included more levels of AaiH handled and fewer, if any,
  However, the size of bags is not regulated.
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replicates at a given level of AaiH would allow the functional relationship between exposure and
AaiH handled to be more fully explored and would provide greater power for testing the
assumption of proportionality.

5.  The Board commented that the acute dermal irritation studies and acute eye irritation studies
(Shah, 2013a), upon which several decisions regarding the safety of human subjects were made,
were conducted in 1981 (33 years ago) before Good Laboratory Practices (GLPs) were required
by EPA. The notes to those studies indicate "Study not performed to GLP and no guideline is
stated, but meets basic principles of a guideline study" (Shah, 2013a, pp. 4 and 6). The Board
recommended that the age and quality (in terms of compliance with GLPs) of research be
explicitly considered when submitting toxicity studies in support of the safety of a chemical or
agent.


Ethics

Charge to the Board

   •   Is the research likely to meet the applicable requirements of 40 CFR Part 26, subparts K
       andL?

Board Response to the Charge

HSRB Recommendation

The Board concluded that the protocol  submitted for review, if modified in accordance with EPA
(Leighton, Sherman & Cohen, 2013) and the following HSRB recommendations, is likely to
meet the applicable requirements of 40 CFR 26, subparts K and L.

HSRB Detailed Recommendations and Rationale

The submitted documents assert that the revised study will be conducted in accordance with the
ethical and regulatory standards of 40 CFR 26, Subparts K and L, as well as the requirements the
US EPA's GLP Standards described at 40 CFR 160 (Shah, 2013b, p. 12). FIFRA §12(a)(2)(P)
also applies.

The study sponsors have submitted all required materials and documents to the EPA and HSRB
for review. Prior to this, the protocol was reviewed and approved by an independent human
subjects review committee, Schulman Associates IRB (SAIRB) of Sunrise, FL. SAIRB is fully
accredited by the Association for the Accreditation of Human Research Protection Programs
(AAHRPP) and listed as active on the Office for Human Research Protections (OHRP) website
(Reg. #IORG0000635).U Minutes of SAIRB meetings, a copy of their policies and procedures,
and a list of IRB members were provided.
  OHRP is an office of the U.S. Department of Health and Human Services.
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1. Except as noted below, the Board concurred with the conclusions and factual observations of
the ethical strengths and weaknesses of the study, as detailed in the EPA's Ethics Review
(Leighton, Sherman & Cohen, 2013, pp. 16-19). The proposed study is likely to meet the
applicable ethical requirements for research involving human subjects, in accordance with the
following criteria:

a.  Risks to participants are commensurate with anticipated benefits to participants or society.
   Risks of study participation are six-fold: 1) allergic reaction or sensitivity to the test material;
   2) allergic reaction or sensitivity to the surfactants used for hand and face/neck washing; 3)
   heat-related illness; 4) physical injury as a result of scripted activities; 5) psychological
   discomfort from undressing in the presence of a research technician; and 6) psychological
   stress and/or breach of confidentiality for pregnancy test results. These risks are minimized
   appropriately and are likely justified by the potential societal benefits, if the study is not
   duplicative of prior studies and produces useful data. There are no direct benefits to the
   participants.

   •   For the occupational portion of the study, only experienced handlers who are currently
       employed where they use powder or granule chemicals as part of their job and who
       consider themselves to be in good health will be enrolled. Similarly, for the consumer
       portion of the study, only participants who have experience handling and pouring powder
       or granular formulated pool maintenance chemicals and who consider themselves to be in
       good health will be recruited.
   •   The test material, cyanuric acid (l,3,5-triazine-2,4,6-triol), was chosen as a surrogate
       material because of its low toxicity and widespread use as a commonly used pool
       maintenance chemical. Current safety regulations do not require the use of gloves while
       pouring this product. While the Materials and Safety Data Sheet (MSDS) for cyanuric
       acid lists the use of chemical resistant gloves due to a potential for skin irritation, that
       reflects current industry practices that are meant purposefully to be overprotective,
       particularly for those working with large amounts of cyanuric acid in an occupational
       setting or those who have open cuts or sores on their hands. Participants with  skin
       conditions or injuries to their hands (or face/neck) will be excluded.
   •   The study will exclude participants who have a history of sensitivity to the test material
       or to the surfactants used for the hand and face/neck washing.  A Board member
       suggested adding a question to exclude persons with chronic respiratory illnesses or
       conditions.
   •   Subjects will be reminded about safe chemical handling practices and procedures,
       wearing appropriate PPE (including  gloves in the occupational portion of the study), and
       will be monitored for any accidental or unintended product exposure of an extreme
       nature.
   •   Appropriate stopping measures are in place in the event of an injury or other adverse
       outcome.
   •   Risk of heat-related illness is minimized appropriately. Heat index will be monitored with
       an associated stopping rule. A medical professional will be on site to observe the workers
       and provide urgent care. Nearby medical facilities have been identified in case of
       emergency, and transportation to medical treatment will be provided, if needed.
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   •   Minors and pregnant or lactating women are excluded from participation, with pregnancy
       either confirmed by over-the-counter pregnancy testing on the day of study or by opt-out.
       The potential stigma resulting from study exclusion due to pregnancy is appropriately
       minimized.

b. Voluntary and informed consent of all participants

   •   The Board respectfully disagrees with the Agency's conclusion that "no potential subjects
       are from a vulnerable population" (Leighton, Sherman & Cohen, 2013, p. 16). Rather, a
       better description is that the study is not actively recruiting participants that come from
       potentially vulnerable populations. There is a possibility that some participants in this
       study might be vulnerable, susceptible to coercion and undue influence. Despite this, the
       study protocol includes mechanisms designed to minimize coercive recruitment and
       enrollment.
   •   The informed consent materials, if changed as recommended by the EPA (Leighton,
       Sherman & Cohen, 2013) and by the HSRB below, will adequately inform the subjects of
       the risks, discomforts and benefits from participation and of their right to withdraw.
   •   Monetary compensation is not so high as to unduly influence participants.
   •   Faithful Spanish-language translations of the informed consent documents and
       recruitment materials were provided. Although there are minor concerns about the use of
       language in these document (including reading level), these are unlikely to interfere with
       the rights of non-English volunteers to give their voluntary and informed consent to
       participate in the study.

c.  Equitable selection of study participants

   •   The study is designed to recruit an appropriately diverse population of participants who
       represent likely occupational and consumer (residential) users of the test material.
   •   The recruitment process has been carefully designed to assure that no subjects will be
       coerced or unduly induced into participating.

2. The Board recommended that the study protocol be modified to address the concerns noted in
the EPA's Ethics Review (Leighton, Sherman & Cohen, 2013, pp. 16-19). In addition, the Board
raised the following concerns:

a. The Board respectfully disagrees with the Agency's suggestion that the "Research-Related
   Injuries" section of the informed consent forms be revised to read as follows: "If you
   experience an eye reaction, skin reaction, respiratory irritation or other adverse effect that
   you believe is related to your participation in the study, you should seek medical treatment
   and call the Study Director immediately at 1-877-298-7008" (Leighton,  Sherman & Cohen,
   2013, p. 18). In fact, this revision does not go far enough. Study participants should be
   instructed to seek treatment and inform the Study Director of any eye reaction,  skin reaction,
   respiratory irritation or other physical injury that occurs during or after participating in the
   study, regardless of whether or not the volunteer believes that it is related to the study.
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b.  It is not necessary or appropriate to state that cyanuric acid "does not require gloves or any
   other protective equipment to use" (Shah, 2013b, p. 31) on the occupational monitoring
   informed consent form. This may be confusing to participants, as they will be required to
   wear PPE during the study and will be given a copy of the MSDS to read, if requested. The
   study investigators should also consider how to handle the possibility that a participant in the
   consumer-monitoring phase of the study may ask to wear gloves.

c.  Since study participants must self-report being in "good health," it should be clear what that
   term means. For example, since participants will be required to move 25-90 Ibs. of product,
   some mention of those physical requirements should be made in reference to the health-
   related inclusion criterion.

d.  With respect to the balance of risks and benefits, the submitted documents state that the risks
   of this study are "far lower than the risks of not being able to use effective antimicrobials for
   lack of information on the potential exposure to users" (Shah, 2013b, p. 26). This language
   includes assumptions about downstream consequences of decisions about conducting or not
   conducting specific research studies. The Board thus recommended that the study sponsor
   change this wording to read that "risks are reasonable in relation to the importance of
   understanding exposure patterns for consumers and occupational users of antimicrobials."

e.  Participants in the study are allowed to take a short break if requested, either to use the
   bathroom or to have a cold drink. If the former, the researchers will conduct a hand wash to
   remove any product.  Is the same true of the latter case, when a participant asks for a cold
   drink? Hand washes should also occur before any beverage consumption to reduce a
   participant's risk of accidental ingestion.

f.  The study protocol should define the qualifications of the medical personnel needed and
   clarify this in the appropriate sections of the protocol.

g.  The Board recommended that researchers complete a course in human subjects protections
   within three years of study initiation and completion.12 Depending on when the  study occurs,
   some investigators may exceed this recommended time limit.

A New Scenario Design and Associated Protocol from the AEATF-II Describing Proposed
Research to Monitor Dermal and Inhalation Exposure During Application of Latex Paint
Containing an Antimicrobial Pesticide Product Using Brush and Roller Equipment

Overview of the Scenario Design and Associated Protocol

The Antimicrobial Exposure  Assessment Task Force (AEATF-II) proposes to measure dermal
and inhalation exposures during the brush and roller application of interior latex paint, which
contains an antimicrobial pesticide product (AEA09). The study participants will be recruited
from the general (consumer)  population, under the assumption that people who paint
infrequently are more likely to experience greater exposures than professional painters.
12 Within three years is generally considered "best practice" for training; e.g., see Section III D at
http://mrmc.amedd.army.mil/assets/docs/orp/guidelinesForInvestigators.doc
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The study will take place in a vacant building in Fresno, California. There will be 18 monitoring
events (MEs), 6 for each of 3 chemical concentrations in the paint. The chemical to be used in
this protocol is l,2-Benzisothiazol-3(2H)-one (BIT). Study participants will apply about 2
gallons of paint using best-selling paint brushes and rollers. While opening and closing the paint
can will be part of each ME, cleanup will not be included. Dermal exposures will be measured
using inner and outer dosimeters, hand and face washes/wipes, and painter's hats. Additional
exposures will be studied based on the results of gauze pads used to scrub participants' hands.
During each ME, an OSHA Versatile Sampler (OVS) tube connected to a personal air sampling
pump will be used to assess breathing zone inhalation exposures. Also, a three-stage Resp/Con
Particle Sampler will be used to examine particles of 2.5, 10 and 100  jim.

The Agency plans to use the data from this study to estimate typical daily dermal and inhalation
exposures among occupational and residential users of latex paint containing antimicrobial
products, when applying them over a range of areas with a variety of paint rollers and brushes.
The estimated exposures will be used to approximate risks to users of latex paint and similar
products.

EPA's review of the proposed protocol was documented on March 14, 2014, and presented to the
HSRB on April 8, 2014. The protocol was reviewed and conditionally approved by an
independent human subjects review committee, Schulman Associates IRB (SAIRB) of Sunrise,
FL.

Science

Charge to the Board

   •   Is this research likely to generate scientifically reliable data, useful for assessing the
       exposure of those who apply latex paint containing an antimicrobial pesticide using a
       brush or roller?
Board Response to the Charge

HSRB Recommendation

The Board agreed with the Agency's conclusion that, if modified according to Agency and
HSRB recommendations, the proposed research to monitor dermal and inhalation exposure
during application of latex paint containing an antimicrobial pesticide using brush and roller
equipment is likely to produce scientifically reliable data. The Board also agreed that the
modifications to the protocol suggested by the EPA (Leighton, Sherman & Cohen, 2014a, p. 2)
be accomplished before initiation of the study.


HSRB Detailed Recommendations and Rationale

The Board made several recommendations, some bearing directly on the protocol for this study
and others that should be considered for future studies of this nature.

1. Recommendations bearing directly on the protocol for this study
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a. Study design: The Board recommended that the Agency reconsider the midpoint identified in
   this protocol. The middle concentration should be chosen to prevent high and low
   concentrations from having undue influence in fitting the regression to the data. Using only
   three dosage levels may not detect the true association between the dosage and exposure
   levels, and restricts the type of functions (such as quadratic and other complex lines) that can
   be fit to a straight line or a set of straight lines.. The HSRB recognized that adding more
   middle points could change the number of MEs but suggested that the Agency at least
   consider setting a midpoint that is more equidistant between the high and low
   concentrations.13

   The study design uses what is termed "purposive diversity selection" as a means to assess the
   full range of variability by capturing many different activities/conditions in the fewest
   number of MEs (Shah, 2014a, p.  13). This is a good approach given the high cost of each
   monitoring event and limited sample size but the success of this approach depends on
   knowing in advance what factors have the greatest influence on variance in the outcome. The
   study identified three factors to achieve diversity: the date of application, the level of the
   active ingredient (AI) and the  subject. The date of the application will likely have a relatively
   small contribution to variability. The level of AI in the paint is a controlled variable that
   clearly would influence the distribution of exposure (discussed above). The subject (careful
   or sloppy) is expected to have moderate influence on variance. These three factors are either
   purposively or randomly selected to achieve diversity in the outcome.

   However, several other factors that potentially contribute to variance are discussed in the
   protocol including the roller and brush selection, wall finish, bucket size and the order that
   the monitoring events occur during the day. For example, if a subject participates in an ME
   that occurs in the morning versus late afternoon or on a Monday versus a Friday, this may
   contribute to variability just based on the scheduling. Additionally, the technicians
   monitoring the study may interact with the subjects differently for the same reason (how they
   feel at different times during the day or on different days of the week). These additional
   sources of variability are excluded by the purposive diversity selection. No justification is
   provided for why these other factors are standardized rather than being "purposively or
   randomly" included. Given that the primary exposure pathway for the brush and roller
   protocol is spatter and inadvertent contact with wet paint, factors such as roller nap thickness,
   paint type (density, sheen) and wall finish or texture could contribute significantly to
   variability in the outcome. Selecting the "best sellers" for painting tools can provide data
   representative of the central tendency but limits the range of the outcome. The HSRB
   recommended that either these additional factors be included  in the purposive diversity
   selection process to "capture the range of exposure variation that is expected to exist" (Shah,
   2014a, p. 7), or the statement that the protocol captures the range of variation be removed.
  Another approach would be to distribute the same number of MEs (18) over six equally spaced
dosages, thus having only three MEs per point instead of six MEs for each of three points, as in the
proposed protocol. Increasing the number of AI dosages from three to six could improve the chance of
detecting the true dosage-exposure association and increase the precision of exposure data estimates.
Furthermore, following blinded dosage assignments to 18 MEs would avoid any placebo effects
associated with the exposure measurements.
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b. Statistical modeling: The main objective of this exposure study is to estimate the following
    summary statistics for exposure values after testing and confirming the expected log-normal
    distribution and the proportionality assumptions.
       • AM = Modeled arithmetic mean = exp(LnGM) exp(/^ Variance)
       • GM = Modeled geometric mean = exp(LnGM)
       • GSD = Modeled geometric standard deviation = exp(SD)
       • P95 = Modeled 95th percentile = exp(LnGM) exp(Z95xSD)

    However, if the data collected from this study fail to confirm the log-normal and
    proportionality assumptions, then the estimated summary statistics under-estimate
    (depending on the degree of non-linearity) the exposure summary statistics reported above.
    Therefore, if the study data reveal that association between dosage and exposure levels are
    significantly non-linear, evaluating for other non-linear dosage-response models such as log-
    logistic models
    (https://support. sas.com/documentati on/cdl/en/statug/63033/HTML/default/vi ewer. htm#statu
    g  nlin  sect036.htm ) and logistic models with 3 parameters
    (http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2586183/pdf/nihms77514.pdf) are
    recommended for these exposure data. Also, the 95% confidence interval estimates for the
    arithmetic mean (P95) computed from the log-transformed data normally underestimate the
    error standard deviation, even after the back transformation.

    Furthermore, as in similar studies, the Board encouraged the application of quantile
    regression models to estimate 95th percentile exposure estimates, in addition to reporting the
    arithmetic means.

    Quantile regression methods model the relationship between dosage and the conditional
    quantiles of exposure; thus, it is especially useful in applications where extremes are
    important,  such as in studies where upper quantiles of exposure levels are critical from a
    public health perspective (http://www2.sas.conn/proceedings/sngi30/213-30.pdf).

c. Exposure pathways: The Brush and Roller protocol, as designed, focuses on non-volatile
    active  ingredients in paints where the primary exposure pathway is physical contact with the
    paint through spatter, spills, and/or inadvertent contact with wet surfaces. The focus on non-
    volatile active ingredients was implied throughout the protocol and confirmed during the
    HSRB review meeting. This assumption can be verified with results from the personal air
    sampling during the ME. The protocol and justification for use of BIT (1,2-Benzisothiazol-
    3(2H)-one) should clearly define the "non- volatile" cutoff above which the current protocol
    will not be appropriate (i.e., vapor pressures less than 0.1 mmHg). Otherwise, the assumption
    of a single representative surrogate of active ingredients breaks down because of the
    difference in physical chemical  properties14 which influence exposure pathways.

    The protocol states that a painter's hat will be worn by all  subjects and paint on the hat will
    be included in the characterization of whole body exposure. If the painter's hat is included as
    a surrogate surface, then a painter's sock/hood would be more representative. The shape of
    the hat and the brim on the hat change the contact area for exposure to spatter while a
  For example, vapor pressure, solubility, diffusivity and evaporation rate.
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   painter's sock/hood fits snug against the surface of the head with the added advantage of
   providing coverage on other parts of the face and neck (depending on how it is worn).
   Subjects are expected to wear their own socks and shoes. This could lead to an unanticipated
   expense to the subjects if they get paint on their shoes. Booties should be provided to prevent
   damage to subject's shoes, even if paint on the booties are not included as part of the external
   dosimeter.

d. The test room design: Test rooms for the Brush and Roller Protocol are designed to provide
   standardized conditions for the simulated painting events. It is critical that these rooms be
   ventilated continuously during the MEs. The protocol suggests turning off "ceiling
   ventilation fans" while ME is conducted (Shah, 2014b, p. 34). Exhaust fans should not be
   turned off during activity in the test rooms. Turning off fresh air ventilation during the MEs
   presents a real and unnecessary risk of symptoms related to exposure to bioeffluent (CO2)
   and volatile constituents of the paint. California's Title 24 (California Energy Commission
   [CEC], 2008) and ASHRAE 62.2 (ASHRAE, 2013) both specify minimum required fresh air
   ventilation rates per occupant and/or unit floor area. The intent of both standards is to assure
   that the fresh air ventilation is sufficient to maintain acceptable indoor concentrations of
   occupant-generated pollutants - such as carbon dioxide - and acceptable indoor
   concentrations of pollutants emitted from building materials, furnishings, and the products
   used in buildings. The protocol should identify the appropriate minimum ventilation rate
   using either the CEC 2008 document or ASHRAE 2010 and design the test rooms to include
   an appropriately sized exhaust fan in each room to be operated continuously during the MEs.
   Given that the primary exposure pathway is expected to be physical contact with wet paint
   (spatter, spills and inadvertent contact), the fresh air ventilation is not expected to affect
   exposure to the antimicrobial surrogate. The exhausted air from the test room(s) should be
   vented outdoors.

e. Additional test room issues: Carryover of the surrogate antimicrobial chemical between
   experiments will be measured using both air samples collected in the rooms and surface
   wipes collected from the walls. It is unclear why the wall wipe samples are needed. If BIT is
   in the paint applied to the walls, and if the sampling method is effective, BIT will be detected
   in the wall wipes. The Board recommended that the protocol include some explanation of
   how these wall wipes will be used to understand exposures or define re-entry times because
   the exposure pathway for BIT in  dry paint is not expected to contribute to the outcome.

   The HSRB believes that industry data are available on typical drying times and/or re-entry
   times for painting; this information is expected to give a good estimate of how soon a room
   can be re-used for another ME. If this information is not available through industry partners,
   the protocol should include a verification task that characterizes the test rooms and the
   amount of time between experiments before re-use. This would entail painting the rooms
   with a finish coat of paint and monitoring room concentrations (not the user) over time to get
   a lucid understanding of clearance. That information can be used to determine how many test
   rooms are needed and the amount of time that should elapse between uses in each room.

   The protocol should specify that the paint will be used in the consistency as received without
   further dilution.15 The paint sheen should also be specified16 because different sheen paints
  Note that if the paint is diluted it could increase the amount of spatter experienced during the ME.
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   could have different surface tensions resulting in different amounts of splatter for a given
   roller/brush/wall combination.

f. Other comments: The Board also noted that the study design seems to be based on the
   assumption that there will be a linear build-up of exposure by time. However, exposures will
   vary within the study period. There was concern that the measurements obtained will not
   reflect this variation and may not provide accurate exposure estimates. A member
   recommended that the Agency consider requiring measurements which will characterize
   exposure variations.

   EPA has selected "best-selling" brushes and rollers for use in this study. Best selling items
   may be most representative, but they may not be the conservative choice since cheaper
   painting implements may drip more and lead to greater exposures. The Board recommended
   that the Agency clearly enumerate (and offer some rationale for) selection of both
   conservative and non-conservative factors embedded in the brush and roller study design.

   Interpretation of the results of this study will be highly dependent upon results of a
   companion washing study (see review of AEA08 below). If the washing recovery study is
   not conducted in a scientifically sound manner, results of this study will not be useful.
   Therefore, this proposed protocol should not be approved or implemented until the
   companion washing study has been successfully implemented.

2.  Recommendations for future studies of this nature

a. Dermal No Observable Adverse Effects Levels (NOAELs) or other toxicity parameters are
   routinely cited in evaluation of protocols that involve dermal exposure. The values are
   typically drawn from studies submitted in support of registration that are not generally
   available to HSRB members (except by FOIA processes that cannot be accommodated by the
   HSRB review timetable). Hence,  the dermal toxicity study details are unknown.
   Traditionally, inadequate consideration has been given to the kinetics of dermal  absorption in
   the design and conduct of dermal toxicity studies. Dermal absorption may be either flux or
   supply limited (Kissel, 2011). In the case of flux limitation, increasing skin loading will not
   produce an increase in absorbed dose; therefore, apparently increasing NOAELs will be
   misleading. Since the credibility of dermal toxicity values cannot be fairly evaluated in the
   absence of knowledge of experimental conditions, critical experimental details should be
   routinely provided in addition to toxicity outcomes.

b. Worst case scenario: There are no known data indicating whether consumer applicators
   (users) or professional applicators will get more paint  on their skin. Thus, the justification for
   using consumer painters as a worse-case scenario is not supported by evidence. Among the
   justifications for using consumers is the statement within the Science and Ethics Review
   (Leighton, Sherman & Cohen, 2014a, p. 417): "This focus on consumer applicators is
   considered the more conservative approach, given that consumer painters are expected to be
   less skilled than professional painters. A less skilled painter is more likely to expose
  The Board observed that the MSDS and the label in the protocol do not agree.
17 Based on Shah, 2014a,p. 9.
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   themselves to the drips and paint spills. "18 An alternative opinion19 is that professional
   painters are less concerned with personal contact with paint than are typical consumers, i.e.,
   they allow more paint to get on (and perhaps stay on) themselves. The lack of justification
   for using only consumer painters does not detract from the data's scientific reliability but is a
   weakness when extrapolating exposure measurements to professionals.

Ethics

Charge to the Board

   •  Is the research likely to meet the applicable requirements of 40 CFR Part 26, subparts K
      andL?

Board Response to the Charge

HSRB Recommendation

The documents submitted to the EPA and the HSRB do not fully meet the regulatory
requirements. However, the Board concluded that the protocol submitted for review will likely
meet the applicable requirements of 40 CFR part 26, subparts K and L, if: 1) it is modified in
accordance with EPA (Leighton, Sherman, & Cohen, 2014a) and HSRB recommendations; 2)
necessary approvals are obtained; and 3) additional documents are provided to the Agency for
review.

HSRB Detailed Recommendations and Rationale

The submitted documents indicate that the revised study will be conducted in accordance with
the ethical and regulatory standards of 40 CFR 26, Subparts K and L, as well  as the requirements
the US EPA's FIFRA GLP Standards described at 40 CFR 160, and the California State EPA
Department of Pesticide Regulation study monitoring (California Code of Regulations Title 3,
Section 6710) (Testman, 2014, p. 48). FIFRA §12(a)(2)(P) also applies.

The protocol was reviewed by an independent human subjects review committee, Schulman
Associates IRB (SAIRB) of Sunrise, FL, prior to submission. SAIRB is fully  accredited by the
Association for the Accreditation of Human Research Protection Programs (AAHRPP). SAIRB
is listed  as an active IRB on the  CHRP website (Reg. #IORG0000635). Minutes of SAIRB's
meetings and a copy of SAIRB's policies and procedures were provided to the Agency. These
documents indicate that SAIRB  reviewed this protocol pursuant to the standards of the Common
Rule (45 CFR Part 46, Subpart A).

However, at the time of the HSRB meeting, SAIRB had granted only "conditional approval" for
the study, with full approval contingent upon review by the California Department of Pesticide
1 8
  Similar statements such as "e.g., a slow fastidious painter may contact less paint than someone who is
careless and sloppy" are also made (Leighton, Sherman, and Cohen, 2014a, p. 7).
  Based on 1
professions.
Based on the adage that "familiarity breeds complacency," regarded as folklore in occupational health
                                                                                    23

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Regulation (CDPR), EPA and this HSRB. Documents provided by SAIRB reflect only this
conditional approval. Thus, the study sponsor was not in compliance with the requirements of 40
CFR 26.1125, which requires submission of "Official notification to the sponsor or investigator,
in accordance with the requirements of this subpart, that research involving human subjects has
been reviewed and approved by an IRB." Submission of meeting minutes from SAIRB,
documenting final approval and attendance are still required, together with documentation of
IRB members' relationship with the study's sponsor.

As the study will take place in California, Title 3, Section 6710 of California's Code of
Regulations also require review and approval by CDPR. Copies of communications between the
study sponsor and CDPR and a copy of that department's approval were provided.

Except as noted below, the Board agreed with the conclusions and factual observations of the
ethical strengths and weaknesses of the study, as detailed in the EPA's Ethics Review (Leighton,
Sherman & Cohen, 2014a). The proposed study is likely to meet the applicable ethical
requirements for research involving human subjects, in accordance with the following criteria:

a.   Risks to participants are commensurate with anticipated benefits to participants or society.
    Six risks of study participation are identified by the HSRB reviewers: 1) reaction to latex
    paint or the active ingredient BIT that it contains; 2) discomfort from clothing and air pumps
    worn during the study;  3) irritation from alcohol wash and wipes; 4) heat stress from doing
    physical work while wearing two layers of clothing and a hat; 5) embarrassment from
    changing clothes in the presence of a researcher; and 6)  surprise, embarrassment, or
    psychological  stress from pregnancy testing and/or breach of confidentiality for pregnancy
    test results. These risks are minimized appropriately, are characterized as of low probability,
    and are justified by the potential societal benefits associated with data on dermal and
    inhalation exposure during application of latex paint containing BIT (1,2-Benzisothiazol-
    3(2H)-one), using a brush and roller.  There are no direct benefits to the participants.

    •   The test material, BIT, is an EPA-registered pesticide that is used in many household
       products including paint, laundry detergents, and household cleaners. Although it is
       considered to be moderately toxic by oral and dermal routes, a slight dermal irritant, and
       a moderate dermal sensitizer, for the purposes of this study it will be used in a latex paint
       formulation that is commercially available and in a manner that is consistent with the
       requirements of the EPA-approved label. Based on toxicological data currently available
       for BIT, coupled with appropriate exclusion criteria, and personal protective equipment,
       study participants are unlikely to be at risk of adverse side effects with exposure.
    •   The study will exclude participants who have a history of sensitivity to the test material,
       latex or latex paint, or isopropyl alcohol. Subjects who report themselves to be in poor
       health or who have broken skin on the hands will also be excluded. Additional exclusion
       criteria, the justification for which is not explained and which may or may not be
       appropriate, include:  severe respiratory disorders (e.g., moderate or severe asthma,
       emphysema); cardiovascular disease (e.g., history of myocardial infarcts, stroke,
       congestive heart failure, or uncontrolled high blood pressure); severe diabetes; or
       immunological suppression (e.g. undergoing chemotherapy, transplant patients).
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   •   Appropriate stopping measures are in place in the event of an injury or other adverse
       outcome.
   •   Minors and pregnant or lactating women are excluded from taking part. Pregnancy is
       either confirmed by over-the-counter pregnancy testing on the day of study or by opt-out.
       Only volunteers whose test results show them to be non-pregnant will be allowed to
       participate. Potential stigma resulting from exclusion due to pregnancy is appropriately
       minimized. Testing is done in private and with the option of discrete withdrawal.
       Information regarding pregnancy test results will be kept confidential.

b. Voluntary and informed consent of all participants

   •   The Board respectfully disagrees with the Agency's conclusion that "no potential subjects
       are from a vulnerable population" (Leighton, Sherman  & Cohen, 2014a, p. 11). Rather, a
       better description is that the study is not actively recruiting participants that come from
       potentially vulnerable populations. There is a possibility that some participants in this
       study might be vulnerable, susceptible to coercion and  undue influence. The study
       protocol, however, includes several mechanisms designed to minimize coercive
       recruitment and enrollment.
       Research participants will be recruited through advertisements in English and Spanish in
       three local newspapers that will be seen by a diverse population of consumers likely to
       use the product, instead of in a workplace setting where there is potential for coercion or
       undue influence from an employer.
   •   The informed consent materials, if modified as recommended by the EPA (Leighton,
       Sherman & Cohen, 2014a) and the HSRB below, will adequately inform the subjects of
       the risks, discomforts and benefits from participation, and of their right to withdraw.
   •   Spanish translations of the informed consent documents and recruitment materials were
       not provided.  The study sponsors have indicated that they will have these documents
       translated once SAIRB has fully approved the study. These documents must be submitted
       to EPA before the HSRB can confidently recommend that the protocol will likely meet
       the applicable requirements  of 40 CFR part 26, subparts K and L. Additionally, SAIRB's
       Standing Operating Procedures do not include a description of how translated documents
       are validated;  documentation of the process of validation should be provided to the
       Agency along with the translated materials.
   •   Monetary compensation is not so high as to unduly influence participants.

c. Equitable selection of study participants

       The protocol is designed to recruit participants from an appropriately diverse population
       who represent likely personal or commercial users of the test material.
   •   The recruitment process has been designed to assure that no subjects will be coerced or
       unduly induced into participating. However, recruitment through advertisements placed
       exclusively in local print media will draw literate subjects who may not represent the
       population of less-educated consumers who may use latex paint without reading the
       directions.
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1.      The Board recommended that the study protocol be modified to address the concerns
noted in the EPA's Ethics Review (Leighton, Sherman & Cohen, 2014a), with one minor
exception noted below:

a.  EPA's Ethics Review called for the study's exclusions to be expanded from candidates
   known to be allergic to latex paint, soaps, or isopropyl alcohol "to also exclude individuals
   who have allergies or sensitivities to BIT or other chemical-based products." The Board
   recommended the phrase "chemical-based products" be changed to "chemical products."

    In addition, the Board raised the following concerns:

b.  The HSRB respectfully disagrees with the statement that, "there is little incremental risk
   associated with [the study]" (Testman, 2014, p. 13). Despite the fact that the test materials are
   of low toxicity and that pesticide exposures are potentially higher during normal residential
   or commercial painting activities, there nevertheless is a risk associated with BIT exposure
   that would otherwise not exist outside of this intentional exposure study.

c.  The provision for a researcher of the same sex as the participant being present when the
   participant changes clothes, while intended to  minimize the potential embarrassment of being
   observed, may not have the intended effect for all participants. The research team should
   consider offering the participant a choice of researchers to observe them changing clothes.

d.  In its description of the study, the protocol intermittently uses the term "applicators" to refer
   to the subjects who will be applying latex paint to walls and ceilings with brushes and rollers.
   The Board noted that the term  "applicator" means an implement, such as a brush or roller,
   and recommended that subjects be referred to  as "appliers" if specific reference to their role
   in applying paint is necessary.

e.  The HSRB recommended that the consent form and protocol be modified as follows:

       Since study participants must self-report being in "good health," clear definitions of these
       terms should be in the protocol and in the informed consent document. Some of the
       exclusion criteria - severe  respiratory disorders, cardiovascular disease, severe diabetes
       and immunological suppression - seem inappropriate given the physical requirements
       and risks of the study. Justification for these criteria should be provided, or the exclusion
       criteria revised. If these are appropriate exclusion criteria, ensuring that potential
       participants qualify for the study will require investigators to ask somewhat invasive
       questions about personal health status and  medical history. The "Subject Invitation to
       Participate" script should thus include mention of these exclusion criteria,  and the study
       enrollment section of the informed consent document should be revised to reflect the
       various exclusion criteria rather than simply state "we will ask you about your general
       health" (Testman, 2014, p. 63).

   •   Study Procedures Point 10 on the consent  form states that the researchers "may take
       pictures or video to show what happened in the study but those pictures will  not show
       faces or tattoos in the final report" (Testman, 2014, p. 65). The Board recommended that
                                                                                       26

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       the phrase "faces or tattoos" be expanded to "faces, ears, tattoos, or other identifying
       features".

   •   Study Procedures Point 12 on the consent form states that "The researcher will remove
       the painter's hat, air sampling pumps, and equipment" (Testman, 2014, p. 65). The words
       "from you"  should be added to the end of this sentence. ("The researcher will remove the
       painter's hat, air sampling pumps, and equipment from you.")

   •   Risks Point  1 on the consent form states "... if you think you may have gotten some of the
       paint in your eye..." (Testman, 2014, p. 66). The word "some" in this sentence should be
       replaced with the word "any".

   •   The last sentence of Costs and Payment states ".. .whether or not you are actually tested"
       (Testman, 2014, p. 68). The subject is not tested, the subject participates in the test. This
       phrase should be changed to "whether or not you actually take part."

   •   The last sentence of the first paragraph of Confidentiality states "any pictures of you in a
       report of this study will not show your face" (Testman, 2014, p. 68). This sentence
       should be expanded to "... will not show your face or other identifying features (such as
       piercings or tattoos)."

   The HSRB recommended that researchers complete a course in human subjects protections
   within three years of study initiation and completion. Some investigators have or will
   (depending on when the study occurs) exceed this recommended time limit.
A New Protocol from the AEATF-II Describing Proposed Research to Measure the
Removal Efficiency of l,2-Benzisothiazol-3(2H)-one (Known as BIT) from Hand Surfaces
Using an Isopropyl Alcohol/Water Wipes and Wash Procedure

Overview of the Proposed Protocol

The proposed removal efficiency study is pivotal to the conduct of the BIT exposure study
(AEA09) reviewed above. The roller and brush latex paint study cannot proceed until this
removal efficiency study (AEA08) has been carried out and the removal efficiency of BIT is
considered to be adequate.

The proposed study is intended to assess the efficiency of a hand wash removal methodology;
the method will then be used to monitor exposures of subjects after they apply a latex paint
containing an antimicrobial (BIT), utilizing commercially available brushes and/or rollers. The
AEATF II has stated that the primary objective of this study is to determine the removal
efficiency of BIT in latex paint and in isopropyl alcohol (IP A) from human hands.

Study participants will be recruited from the general population of Fresno County, CA, and the
surrounding area. Twenty-eight subjects will be qualified for the study; 8 will serve as alternates.
Twenty individuals will be equally but randomly assigned to one of four study groups: two
concentrations of BIT in latex paint and two concentrations of BIT in IP A.
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The test subjects will have BIT-treated paint or BIT painted IP A applied to the surface of their
right and left palms. The test substance will be allowed to dry on the subjects' hands for 45
minutes; the researchers will then perform a hand wash procedure similar to the hand wash
procedure in the painting study (AEA09). The results of the paint portion of the efficiency study
will be used to correct for any losses on the subjects' hands in the paint brush/roller exposure
study. The results of the IP A portion of the efficiency study will be used to compare the
differences in the efficiency between paint and a non-paint liquid. The IPA portion will also be
available for future studies using non-paint liquids for hand wash sampling method corrections.

The Agency's review of the proposed protocol was completed on March 18, 2014, and presented
to the HSRB on April 8, 2014. The protocol was reviewed and approved by an independent
human subjects review committee, Shulman Associates IRB (SAIRB) of Sunrise, FL. The
Agency made recommendations for improvements in both scientific and ethics aspects of the
protocol.

Science

Charge to the Board

   •   Is this research likely to generate scientifically reliable data, useful for determining the
       removal efficiency of BIT from the hands due to dermal exposure associated with the use
       of latex paint and non-paint liquid solutions containing BIT?

Board Response to the Charge

HSRB Recommendation

   •   With the exception of one member, the Board concluded that the proposed research is
       likely to generate scientifically reliable data, useful for determining the removal
       efficiency of BIT from the hands due to dermal exposure associated with the use of latex
       paint and non-paint liquid solutions containing BIT, provided that the protocol is
       modified to address the issues raised by EPA and the HSRB.

HSRB Detailed Recommendations and Rationale

The Board carefully reviewed the protocol and determined that a number of methodological
issues merit further attention and modification to ensure that the results of the study are useful
for estimating exposure to BIT when present in commercial latex paints.

The HSRB noted that the sponsor proposed to apply BIT - either in paint or in IPA - to the
palmar region of the hands, utilizing a glass capillary tube to spread the test material (paint or
IPA). The Board expressed several concerns about this approach.

1. The HSRB was concerned that laboratory capillary tubes are rather fragile and typically have
sharp ends. Even if the ends were heated and sealed,  the Board remained concerned with the
likely breakage of the glass tubes while the application of the test material was taking place.
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2. Based on the information provided (Leighton, Sherman & Cohen, 2014b, pp. 4, 5 and 8), the
proposed loading of paint (mL/cm2) appears to be excessive for many people's hands.20
Reported dimensions for the human palm depend upon how they are defined and measured, but 8
x 10 cm (80 cm2) might be an average.21 Noting that the test substance is not to be applied within
a 2 cm edge around the palm that leaves a total area of approximately 4 x 6 cm or 24 cm2 for
application of test material, approximately half of the 50 cm2 palm surface area estimated by the
EPA reviewer.

3. Applying 500 uL (0.5 cm3) of latex paint to 24 cm2 (20 uL/cm2) will yield a layer of paint
about 2 mm thick (or 1 mm thick to 50 cm2). This seems to be well in excess of the thickness
expected of accidental paint blotches, smears, and small  drops or spatter landing on the hands,
face, or neck. Moreover, large deposits of that thickness  are likely  to be wiped (in fact, personal
experience suggests that a 2 mm deposit thickness on a near-vertical skin surface if left
unattended, is likely to ooze and potentially to drip). The 0.04 mm thick layer that would result
from applying 100 uL (0.1 cm3) of BIT in IPA to 25 cm2 of skin (4 uL/cm2) seems at first
glance to be less of a concern, but IPA's much lower viscosity could result in the same dripping
unless the subject keeps the palms of their hands upright and horizontal.

Unfortunately, for users of recovery data, the effect of the thickness of the deposit in the real
world can have a greater effect on recovery efficiency than the BIT concentration.22 If one
considers the process of adsorption and absorption  on  a molecular  level, for molecules to contact
the skin, they must be within some small distance (somewhat like a boundary layer) determined
by the diffusion rate of the chemical within the deposit and residence time on the skin. In a high
viscosity deposit (e.g., paint or (in the extreme) detritus in a field setting), diffusion will be
primarily molecular (versus convective diffusion), and such intermolecular processes occur over
distances on the order of nm, not um. Thus, the number of molecules (i.e.., the mass of the
chemical) that will reach the skin will be proportionate to concentration within the deposit and to
the thickness of the deposit, only if the thickness is less than the depth of such a pseudo-
boundary layer. Molecules in a paint layer beyond such a pseudo-boundary layer will have no
effect on skin retention or recovery. The same mechanisms will apply to IPA only at slightly
larger distances in inverse proportion to its lower viscosity. In addition, the effects of convection
and adherence of IPA to the skin would be increased if the subject were to move their hands
enough to cause some flow along the skin. This leads to the suggestion that paint thickness
beyond some limit (perhaps as small as 0.05 um) will  have no effect on chemical retention by the
skin, and any additional paint applied to the skin beyond such a thickness will result in
disproportionately higher recovery rates when the supporting paint matrix is removed. Note that
0.05 um is > 10"  less than the calculated 2 mm think layer of paint in the proposed protocol and
still > 10 2 less than the calculated 0.04 mm think layer of IPA. Thus, the results of measuring
recovery at a paint loading in the range of 20  uL/cm  seems likely  to over-estimate the recovery
at much lower levels of loading in the planned brush, roller, and later spray studies.
20
  The same concern may also apply, but to a lesser extent, to IPA.
21 E.g. , see http://www.theaveragebody.com/average_hand_size.php.  http://en.wikipedia.org/wiki/Hand
and/or http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2938623/
22
  The agency is referred to the Transmittal of Meeting Minutes of the FIFRA Scientific Advisory Panel
Meeting Held January 9 - 12, 2007 on the Review of Worker Exposure Assessment Methods.
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4.  It is important to recall that the palm of the hand is known to have among the lowest dermal
permeability of any part of the body (Maibach, et a/.,  1971; Wester, etal., 1984; Baynes &
Hodgson, 2004; Wester & Maibach, 2005). This knowledge suggests that limiting the recovery
study to just the palm will bias the results toward a higher percent recovery. In addition, the palm
is relatively smooth and easy to clean, which would also bias recovery results upwards. The
Board recommended that dosing all or most of the entire hand be considered before the study
design is finalized.

5.  In addition to reasons to be concerned about the proposed total matrix volume in the washing
study, there are also reasons to be concerned about the amount of AI to be employed. The
washing study loads were selected to roughly match BIT skin loads in the brush and roller study
anticipated to be roughly 1-10 jig/cm2 based on a Pesticide Handler Exposure Database (PHED)
painting study conducted with an unknown agent, which produced skin loads averaging  10.5
|ig/cm2 (Leighton, Sherman  & Cohen, 2014b, p.4). EPA suggests that if actual loads in the
washing protocol are a little lower, recoveries will be  conservative in comparison to the brush
and roller protocol. However, the 10.5 jig/cm2 loading in the PHED painting study was achieved
using paint containing 10,000 ppm of the target agent. BIT will be present in the brush and roller
study paint at much lower levels, which suggests that  loads will probably be much  lower than the
wash study design loads. This would lead to an expectation that the wash study recoveries will
overestimate the brush and roller study recoveries, which could in turn lead to underestimation  of
exposures in the brush and roller study.

The Agency's attribution to  Brouwer et al (2000) of "decreased removal  efficiencies for low skin
loadings" is consistent with the above logic (Leighton, Sherman & Cohen, 2014b, p. 8).
However, the subsequent conclusion of the EPA review is that "this [referring to a lower skin
loading of 1.6 to 7.8 jug/cm2 in this BIT proposal compared to 4.8 to 19.7 jug/cm2 of BIT in the
unreferenced research] would lead to a more conservative (protective) correction factor rather
than less" (Leighton, Sherman & Cohen, 2014b, p. 8) would only be true within certain
constraints which probably are not true for this study.23 The submitted protocol proposes to apply
a skin loading of BIT lower  than in the PHED paint study, but in a much thicker layer than was
probably true for the rat study (not provided to the HSRB; see Boatwright, 2014, p. 91; Leighton,
Sherman & Cohen, 2014b, p. 8)24 and thicker than naturally occurs to painters. Therefore, in this
study there will be less BIT  actually reaching the skin, more BIT being recovered,  and a less
conservative protection factor than if a much lower loading of paint were tested.

Based on these points, the Board's recommendation is to test the recovery after applying the
thinnest layer feasible based on the expected recovered dose and detection threshold.  Second, it
may be appropriate to keep the applied layer reasonably constant among  subjects by varying the
amount applied in proportion to the size of each person's palm area.

The desire for each subject to have a reasonably constant layer of paint is probably of less
significance but was triggered by a series of statements near the top of p. 8  of Leighton,  Sherman
& Cohen (2014b) describing dermal absorption data in rats  (MRTD 46327901) and culminating
  The "probably" is needed because the Board was not given much information on the conditions of the
prior BIT recovery study in PHED.
  Also, referred to in Boatwright, 2014, p. 91.
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in "This would imply that the 45 minute residence time proposed would be sufficiently long to
allow the paint to dry yet not be substantially affected by dermal absorption over the anticipated
2 to 3 hour exposure time in the painting study. " The concern is that "substantially" could be
viewed as misleading. An analysis of the reported data on rats shows that dermal absorption is
fairly constant over the 72 hours at approximately 0.6±0.2%/hr (Boatright, 2014, p. 91).
However, the results of the proposed recovery study will depend upon the combined effects of
absorption and adsorption, and the adsorption data appear to follow first-order exponential
kinetic equations with a half-life of about 10 hours.25 So, if the resulting loading and recovery in
the proposed study turn out to be the same as for this rat data, four times as much BIT would stay
on or in the skin after 3 hours than after 45 minutes (about 11% versus 3%) which may be a
substantial difference; the corresponding expected recoveries are 89% after 3 hours and 97%
after 45 minutes.

A margin of exposure (MOE) for dermal exposure is reported based on a Lowest Observable
Adverse Effect Level (LOAEL) from a 90-day rat study not available to the HSRB (Leighton,
Sherman & Cohen, 2014b, p. 30). Hence, details (e.g., vehicle, load, skin area exposed) of the
dermal toxicity study are not available. Traditionally, inadequate consideration has been given to
the kinetics of dermal absorption in the design and conduct of dermal toxicity studies. Dermal
absorption may be either flux or supply limited (Kissel, 2011). In the case of flux limitation,
increasing skin loading will not produce an increase in absorbed dose, and apparently increasing
LOAELs or other toxicity parameters will be misleading. Since the credibility of dermal toxicity
values cannot be fairly evaluated in the absence of knowledge of experimental conditions,
critical experimental details should be routinely provided in addition to toxicity outcomes.

The extent of wetting will affect the degree of incapacitation that subjects experience for 45
minutes while the test substance is drying and the use of their hands will be at least limited if not
denied. Clearly subjects should be instructed to take care of normal physiological needs before
they get their hands wet.26 The Board opined that it might be useful to carry out a small pilot test
with simple, non-toxic, household items to better assess practical aspects of the proposal.

The Board was also concerned about the expectation that volunteers would be required to sit
very still,  with palms fully open and facing up for a period of 45 minutes following application
of the test material to their palms to  allow for drying before any washing occurred. The Board is
of the view that trying to keep one's hand open for 45 minutes can become  uncomfortable. The
Board recommended providing the subjects with a simple tool (such as a brace) to help them
keep their palms open; the form of an acceptable tool will be affected by the extent of the hand's
surface that is wetted. The Board was concerned that compliance could be variable and poor.
25 The generic form of a model predicting skin retention is the sum of the linear absorption rate and
exponential adsorption rate, as shown below. Recovery would be 1 minus retention.
        Retention = [avg. absorption rate x time] + [final adsorbed fraction x (1 - e-time/time coef)j
The fit of the data provided within Leighton, Sherman & Cohen, 2014b, p. 8 yields the following
coefficients that were used to anticipate the effects after 45 minutes and 3 hours.
                      Retention = [0.58% x hours] + [0.49% x (1 - e^"™/")]

r\r
  Even something as simple as scratching an itch may not be allowed if their entire hand is wetted;
leaving one or more finger tips untreated would be desirable but may not feasible.
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The Board advised that better coordination is needed between the paint field exposure study and
the laboratory BIT recovery study to assure that both studies use the same skin manipulation
technique regarding scrubbing with gauze pads and rinsing (the procedure in the latter wherein
"the subject rub[s] their fingers and palm together" (Leighton, Sherman & Cohen, 2014b, p. 427),
is not at all similar to the procedure utilized in the recovery efficiency study).

The HSRB noted that statistical issues, such as sample size and randomization, might need to be
re-considered when developing a revised protocol that includes removal efficiency from both
hands simultaneously (as in the painting study), rather than from the palms of two separate hands
(as in the originally proposed efficiency  removal  study).

Although no hypothesis is stated explicitly, at least three are implied: (1) the removal efficiency
for the dominant hand will be independent of that for the non-dominant hand. (2) the removal
efficiency of BIT in latex paint will be the  same as the removal efficiency of BIT in  isopropyl
alcohol. (3) BIT removal efficiencies will be the same at both BIT in latex paint concentration
levels (120 and 600 ppm). If the first hypothesis is not true, then the subsequent analysis could
have substantially less power than anticipated under the current design. If the third hypothesis  is
true, then data  collected at 120 ppm would be combined with that collected at 600 ppm, and a
correlation between the observations from the two hands would negatively impact the power.

An alternative  approach would be to, for a  given concentration, randomize BIT in latex paint to
either the dominant or non-dominant hand  and to use BIT in isopropyl alcohol at the same
concentration on the other hand. This would be a split-plot design with concentration being the
main unit treatment and latex paint/isopropyl alcohol being the subunit treatment. This would
ensure independence between the observations made at 120 and 600 ppm, but still allow the third
hypothesis to be tested. The foregoing statistical comments presume that each hand is treated
separately. If a volunteer's two hands are treated as a single experimental unit, then other
statistical considerations may be necessary.

Ethics

Charge to the Board

   •   Is the research likely to meet the  applicable requirements of 40 CFR Part 26, subparts K
       andL?

Board Response to the Charge

HSRB Recommendation

The documents submitted to the EPA and the HSRB do not fully meet the regulatory
requirements. Despite this, the Board concluded that this protocol will likely meet the applicable
requirements of 40 CFR 26, subparts K and L if:  1) it is modified in accordance with EPA
(Leighton, Sherman & Cohen, 2014b) and  HSRB recommendations; 2) necessary approvals are
obtained; and 3) additional documents are provided to the Agency for review.
27 Also, cited in Boatwright, 2014, p. 19.
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HSRB Detailed Recommendations and Rationale

The submitted documents assert that the revised study will be conducted in accordance with the
ethical and regulatory standards of 40 CFR 26, Subparts K and L, as well as the requirements the
US EPA's GLP Standards described at 40 CFR 160 (Boatwright, 2014, p. 8). FIFRA
§12(a)(2)(P) also applies.

An independent human subjects review committee, SAIRB of Sunrise, FL, reviewed the protocol
prior to submission. Minutes of SAIRB meetings, a copy of their policies and procedures, and a
list oflRB members were provided. SAIRB is fully accredited by AAHRPP and listed as active
by OHRP (Reg. #IORG0000635). At the time of the HSRM meeting, SAIRB had only granted
'conditional approval1 for the study, with full approval contingent upon review by the California
Department of Pesticide Regulation (CDPR), EPA and HSRB. Because of this, the study sponsor
was not in compliance with the requirements of 40 CFR 26.1125, which requires submission of
"Official  notification to the sponsor or investigator, in accordance with the requirements of this
subpart, that research involving human subjects has been reviewed and approved by an IRB."

As the study will take place in California, Title 3, Section 6710 of California's Code of
Regulations also require review and approval by CDPR. Copies of communications between the
study sponsor and CDPR, and a copy of that department's approval were provided.

1. Except as noted below, the Board agreed with the conclusions and factual observations of the
ethical strengths and weaknesses of the study, as detailed in the EPA's Ethics Review (Leighton,
Sherman & Cohen, 2014b). The proposed study is likely to meet the applicable ethical
requirements for research involving human subjects, in accordance with the following criteria:

a.  Risks to participants are commensurate with anticipated benefits to participants or society.
   Risks of study participation, as determined by the HSRB reviewers, are six-fold: 1) allergic
   reaction or sensitivity to the test material; 2) allergic reaction or sensitivity to the latex paint;
   3) allergic reaction or sensitivity to the isopropyl alcohol used for BIT (1,2-Benzisothiazol-
   3(2H)-one) application and hand washing; 4) injury that occurs during application of test
   material using a glass capillary tube; 5) irritation from rubbing the skin during the hand
   washing procedure; and 6) psychological stress and/or breach of confidentiality for
   pregnancy test results. These risks are minimized appropriately and are justified by the
   potential societal benefits.  There are no direct benefits to the participants.

   •   The test material, BIT, is an EPA-registered pesticide that is used in many household
       products including paint, laundry detergents, and household cleaners. Although it is
       considered to be moderately toxic by oral and dermal routes, a slight dermal irritant, and
       a  moderate dermal sensitizer, for the purposes of this study it will be used in a latex paint
       formulation that is commercially available and in a manner that is consistent with the
       requirements of the EPA-approved label.
   •   The study will exclude participants who have a history of sensitivity to the test material,
       latex or latex paint, or isopropyl alcohol. Subjects who are in poor health (by self-report)
       or who have broken skin on the hands will also be excluded. Additional exclusion
       criteria, which may or may not be appropriate, include: severe respiratory disorders (e.g.,
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       moderate or severe asthma, emphysema); cardiovascular disease (e.g., history of
       myocardial infarcts, stroke, congestive heart failure, or uncontrolled high blood pressure);
       severe diabetes; or immunological suppression (e.g. undergoing chemotherapy, transplant
       patients).
   •   Appropriate stopping measures are in place in the event of an injury or other adverse
       outcome.
   •   Hand irritation from the washing procedure, if it occurs, is likely to be minor and easily
       treated with over-the-counter medications.
   •   Minors and pregnant or lactating women are excluded from participation, with pregnancy
       either confirmed by over-the-counter pregnancy testing on the day of study or by opt-out.
       The potential stigma resulting from study exclusion due to pregnancy is appropriately
       minimized.

b. Voluntary and informed consent of all  participants

   •   The Board respectfully disagrees with the Agency's conclusion that "no potential subjects
       are from a vulnerable population" (Leighton, Sherman & Cohen, 2014b, p. 11). Rather, a
       better description is that the study is not actively recruiting participants that come from
       potentially vulnerable populations. There is a possibility that some participants in this
       study might be vulnerable, susceptible to coercion and undue influence. Despite this, the
       study protocol includes several  mechanisms designed to minimize coercive recruitment
       and enrollment.
   •   The informed consent materials, if changed as recommended by the EPA (Leighton,
       Sherman & Cohen, 2014b) and by the HSRB below, will adequately inform the subjects
       of the risks, discomforts and benefits from participation, and of their right to withdraw.
   •   Monetary compensation is not so  high as to unduly influence participants.
   •   Spanish translations of the informed consent documents and recruitment materials were
       not provided. The study sponsors  have indicated that they will translate the informed
       consent documents and requirement materials once full approval of SAIRB is obtained.

c.  Equitable selection of study participants

   Although the protocol does not specify painting experience as an eligibility criterion, the
   EPA review states  that "the test subjects will be drawn from the same populations as the
   painting exposure study" (Leighton, Sherman & Cohen, 2014b, p. 22).

   •   The recruitment process has been carefully designed to assure that no subjects will be
       coerced or unduly induced into participating.

2. The Board recommended that the study protocol be modified to address the concerns noted in
the EPA's Ethics Review (Leighton,  Sherman & Cohen, 2014b). Additionally, the Board raised
the following concerns:

   a. The HSRB recommended that the investigators not state that, "there is little incremental risk
   associated with [the study]" (Boatwright, 2014, p. 11). Despite the fact that the test materials
   are of low toxicity and that pesticide exposures are potentially higher during normal
                                                                                      34

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   residential or commercial painting activities, there nevertheless is a risk associated with BIT
   exposure that would otherwise not exist outside of this intentional exposure study.

   b. Since study participants must self-report being in "good health," clear definitions of these
   terms need to be in the protocol and in the informed consent document.

   c. The HSRB recommended that the informed consent document mention the potential
   discomfort that study participants might experience while sitting upright, arms on a table with
   palms up, for 45 minutes, together with steps that will be taken to minimize such potential
   discomfort.

   d. Some of the exclusion criteria - severe respiratory disorders, cardiovascular disease, severe
   diabetes and immunological suppression - seem inappropriate given the physical
   requirements and risks of the study. Justification for these criteria should be provided, or the
   exclusion criteria revised. If these are appropriate exclusion criteria, ensuring that potential
   participants qualify for the study will require investigators to have clear definitions (e.g.,
   "broken skin") and ask somewhat invasive questions about personal health status and medical
   history. The "Subject Invitation to Participate" script should thus include mention of these
   exclusion criteria, and the study enrollment section of the informed consent document should
   be revised to reflect the various exclusion criteria rather than simply state "we will ask you
   about your general health" (Boatwright, 2014, p. 48).

   e. The investigators will apply and spread the BIT/paint or BIT/IP A mixture using a glass
   capillary tube. These tubes can have rather rough ends or may shatter, potentially causing
   injury to the palms of study participants. This risk should be noted in the protocol and
   informed consent document. Alternatively, the investigators may want to consider alternate
   means of applying and spreading the test material that do not pose the same risk of injury.

   f The Board recommended that researchers complete a course in human subjects protections
   within three years of study initiation and completion. Some investigators have or will
   (depending on when the study occurs) exceed this recommended time limit.

A New Protocol from the U.S. Department of Agriculture Describing Proposed Research to
Determine the Bite Protection Level of Repellent Treated Clothing for the United States
Military

Overview of the Proposed Protocol

The sponsor's goal is to determine the mean level of bite protection (and 95% confidence
intervals) for etofenprox-treated uniforms (specifically, U.S. Military Fire Resistant Army
Combat Uniforms). Two materials ("coats" (referring to shirts and blouses) and "trousers" - or
pants) will be studied in an untreated condition and in three conditions post-treatment with 1%
repellent: fabric by weight: before any washings (Ox), after 20 washings in hot water (20x), and
after 50 washings (50x). Each study subject will be exposed to all four conditions and therefore
serve as his/her own control. Each participant will put on a "sleeve" made from one of the two
study materials (coat or trousers) in one of the four conditions and place his/her arm in a cage
with one  of two species of laboratory-raised mosquitoes (Anopheles orAedes) for 15
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minutes/hour up to 8 hours. The percent bite protection for each 15-minute test will be
determined by counting and comparing the number of blood-fed female mosquitoes to the total
number or mosquitoes placed in the cage for that test.

Eight people will be recruited into this study, based on calculations showing that little statistical
power is gained with a larger number of study subjects; two alternates will be identified. Each
participant will be tested 8 times; i.e., four sleeve conditions for each of the two mosquito
species. Thus, there will be 16 replicates for each fabric condition group.

Science

Charge to the Board

   •   Is the protocol "Laboratory Evaluation of Bite Protection From Repellent Impregnated
       Clothing for the United States Military" likely to generate scientifically reliable data,
       useful for estimating the level of mosquito bite protection provided by two different
       textiles treated with etofenprox?

Board Response to the Charge

HSRB  Recommendation

   •   The Board concurred that the proposed protocol will likely generate scientifically reliable
       data for estimation of bite protection efficacy of impregnated clothing, if improvements
       in the overall study design enumerated by EPA (Sweeney & Sherman, 2014) and the
       Board are adequately considered.

HSRB  Detailed Recommendations and Rationale

EPA's  science review resulted in multiple comments. The Board reiterated several of EPA's
recommendations:

   •   The HSRB  agrees that the statistical analysis must be finalized prior to initiation of the
       study.

   •   The Board agrees that at least 20 qualified subjects should be identified and that
       participants be selected at random from that larger group.

   •   The HSRB  is concerned that two alternate participants is an insufficient number due to
       potential for dropout.

   •   The Board agrees that the study should not be conducted until a product-specific fabric
       irritancy study is completed.
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The HSRB made the following additional comments:

1. Statistical Design. The proposed protocol is generally well designed from a statistical
standpoint. Because the desired scope of inference is beyond the subjects in this study, each
subject should be treated as a random effect (not as a fixed effect).

Maintaining the sample size of 8 is a concern to the Board. This number does not allow for the
possibility of dropouts; the HSRB recommended that additional participants be recruited so that
a pool of alternates is available to ensure that the desired number of 8 completed tests is
achieved. Questions were raised about how dropout data would be handled; e.g., would it be
analyzed or eliminated?

Furthermore,  if one arm of each participant is used as a control, then double the sample size
would be needed. To reduce the burden of testing  on each participant, another option would be to
have 16 participants on whom the tests for only one species are conducted.

Additionally, the number of participants by gender could be restricted, rather than left to  chance,
in the enrollment process.

If the treatment could be randomized instead of ordered by dose, the study design would  be
stronger. The Board asked the Agency to reconsider how the treatments will be assigned  to
participants.

2. Fabric sleeves. The Board believes that provision of a single sleeve size is inappropriate given
the possible relationship between snugness  of fit and bite protection. A range of sleeve sizes
should be available corresponding to at least a portion of the uniform sizes available to soldiers;
one-to-one correspondence is not required. However, each subject should be provided sleeves
corresponding to their normal  garment size. It is desirable to avoid rejecting either large subjects
who cannot fit their arms  into the "one sleeve size," or small subjects for whom the sleeves will
be too loose. The Board heard that most soldiers do not wear their clothing tight; therefore, the
HSRB recommended that the standard test conditions be as representative as possible of use
conditions in  the field. Characterization of the tightness of the sleeve should be recorded  to
enable comparing test outcomes and thereby gain  insights for future protocols.
3. Dermal toxicity. An MOE of 235 was calculated based on a reported 50% Lethal Dose
of > 2,100 mg/kg/day and an exposure of 9 mg/kg (based on 100% absorption of 635 mg of
active ingredient (AI) from six sleeves).28 This is declared adequate on the grounds that EPA's
level of concern is an MOE of 100. Further attention is required to the following issues:

    •   The protocol from which the LDso was estimated was not provided to the HSRB. If the
       experiments were conducted under flux limited conditions, the LDso may be artificially
       high.
  The Board noted that 695 mg was indicated in the written materials, but 635 mg was presented during
the Board meeting.
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   •   100% absorption of etofenprox is deemed conservative based on a reported
       bioavailability of 7%. The protocol from which the availability was estimated was not
       provided. It is unclear whether the 7% figure includes the agent in the treated skin at the
       end of the experiment. In addition, fractional absorption is dependent upon loading
       conditions. The Board recommended examining experimental conditions to determine
       whether the reported availability reflects flux limited conditions.

   •   Target MOE's of 100 typically represent lOOx a NOAEL, not an LD50. An explanation of
       this deviation needs to be provided.

4. Bite pressure. The Board noted that "bite pressure" is not clearly defined in this proposed
protocol. The HSRB recommended that the term be clarified before the study begins.

5. Carryover. The proposed protocol assumes that each individual will conduct 8 two-arm trials
on a single day. These studies would be conducted sequentially using each of two mosquito
species. Each within-species protocol would be ordered as follows: untreated sleeves, 50x
washed sleeves, 20x washed sleeves, Ox washed sleeves. This sequence minimizes, to the extent
possible, carryover effects in within-species testing. However, the Ox sleeves from the first
mosquito species will precede the untreated sleeve trials for the second species. Arms are to be
washed in between, but the efficacy of washing is unknown. A more conservative strategy would
be separation of species trials by sufficient time (days) to allow excretion of absorbed
etofenprox.

6. Additional comments. The HSRB raised concerns about the possibility of treatment failure.
One way to address this concern would be to test repellency effectiveness on one or two
participants before the proposed study begins.

The scientific justification for conducting human research was articulated during the Board
meeting but is not clearly documented.  The Board recommended that the rationale for doing this
research on humans be fully built and explicitly stated in the proposal.

Ethics

Charge to the Board

   •   Is the research likely to meet the applicable requirements of 40 CFR Part 26, subparts K
       andL?

Board Response to the Charge

HSRB Recommendation

   •   The Board concluded that the protocol submitted for review, if modified in accordance
       with EPA (Sweeney & Sherman, 2014) and HSRB recommendations, is likely to meet
       the applicable requirements of 40 CFR 26, subparts K and L.
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HSRB Detailed Recommendations and Rationale

The submitted documents assert that the study will be conducted in accordance with the ethical
and regulatory standards of 40 CFR 26, Subparts K and L, as well as the requirements the US
EPA's GLP Standards for FIFRA described at 40 CFR 160 (Bernier, 2014).

The protocol was reviewed and approved by Western IRB (WIRE) of Puyallup, WA, an
independent human subjects review committee, prior to submission. WIRE is fully accredited by
the Association for the Accreditation of Human Research Protection Programs (AAHRPP).
WIRE is listed as an active IRB on the CHRP website (Reg. # IORG0000432). Minutes of
WIRB's meetings and a copy of WIRE's policies and procedures were provided to the Agency.
These documents indicate that WIRE reviewed this protocol pursuant to the standards of the
Common Rule (45  CFR Part 46, Subpart A).

1.  Except as noted below, the Board concurred with the conclusions  and factual observations of
   the ethical strengths and weaknesses of the study, as detailed in the EPA's Ethics Review
   (Sweeney & Sherman, 2014, pp. 2-5). The proposed study is likely to meet the applicable
   ethical requirements for research involving human subjects, in accordance with the following
   criteria:

a.  Risks to participants are commensurate with anticipated benefits to participants or society.
   The HSRB identified four risks in the study protocol: 1) risk of exposure to biting  arthropods,
   which includes discomfort from bites, subsequent itching, secondary infection from
   scratching, and allergic reaction; 2) risk from exposure to disease  vectors; 3) risks  from
   exposure to the test material, including allergic reaction to chemical repellents and latex from
   the outer glove; and 4) psychological stress from pregnancy testing and/or breach of
   confidentiality for pregnancy test results.

   These risks are minimized appropriately, are characterized as of low probability, and are
   justified by the potential societal benefits associated with data on repellent treatment for
   military clothing.  There are no direct benefits to individual subjects.

   •   Individuals who are hypersensitive to mosquito bites and those who are phobic about
       mosquitoes will be excluded from the study.

   •   Participants will be informed that itching is likely to be the most significant discomfort
       they will experience. An over-the-counter topical steroid cream will be available for use
       immediately upon completion of the tests. Participants who become uncomfortable from
       itching may stop the test. A nurse familiar with the study protocol will be on call to assist
       if needed.

   •   Mosquitoes used in the study will be exclusively from laboratory-bred colonies, and will
       be screened for disease vectors before use, making the risk of disease transmission
       negligible.

       Only compounds with no clear association with allergic  reactions will be tested. People
       who are known to be allergic to the test compound or to latex will be excluded from the
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       study. Only the forearm will be exposed. The potential risks to participants from test
       materials are minimized by exclusion of individuals who are sensitive to the test
       materials.

   •   Appropriate stopping measures are in place in the event of an injury or other adverse
       outcome.

   •   Minors and pregnant or lactating women are excluded from taking part. Pregnancy is
       either confirmed by over-the-counter pregnancy testing on the day of study or by opt-out.
       Only volunteers whose test results show them to be non-pregnant will be allowed to
       participate. Potential stigma resulting from exclusion due to pregnancy is appropriately
       minimized. Testing is done in private and with the option of discrete withdrawal.
       Information regarding pregnancy test results will be kept confidential.

b. Voluntary and informed consent of all participants

   •   The Board respectfully disagrees with the Agency's conclusion that "no potential subjects
       are from a vulnerable population" (Sweeney & Sherman, 2014, p. 22). Rather, a better
       description is that the study is not actively recruiting participants that come from
       potentially vulnerable populations. There is a possibility that some participants in this
       study might be vulnerable, susceptible to coercion and undue influence. The study
       protocol, however, includes several mechanisms designed to minimize coercive
       recruitment and enrollment.

   •   Research participants will be recruited through printed advertisements in English in the
       local Gainesville, FL, newspaper and posted on bulletin boards at the University of
       Florida. The ability to  speak and read English is a requirement of participation, resulting
       in a generally literate subject population, typically less subject to coercion.

   •   The informed consent materials, if modified as recommended by the HSRB below, will
       adequately inform the  subjects of the risks, discomforts and benefits from participation,
       and of their right to withdraw from the study at any time.

   •   Monetary compensation is not so high as to unduly influence participants.

c. Equitable selection of study participants

       The protocol is designed to recruit participants from an appropriately diverse population
       likely to represent the diversity of members of the military who are the intended users of
       the treated clothing, with a similar over-representation of younger individuals.

2. The Board recommended that the  study protocol and informed consent document be modified
to address the concerns noted in the EPA's Ethics Review (Sweeney & Sherman, 2014). In
addition, the Board raised the following concerns:
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a.  Although a question about allergy/sensitivity to latex is listed on the enrollment
   questionnaire, latex allergy/sensitivity does not appear as an exclusion criterion in the
   recruitment interview script or consent document. Latex allergy/sensitivity should be
   included in all statements of exclusion criteria. Alternatively, the protocol could be modified
   to use nitrile gloves instead of latex.

b.  The protocol currently calls for test sleeves to be made in a single size, despite the likely
   variation in arm size among participants and 34 different uniform sizes available to military
   personnel. The single sleeve size may both skew the results of the testing across participants
   of various arm sizes and it may also cause embarrassment to participants who attempt to put
   on sleeves that do not fit easily. The Board recommended that researchers include a question
   about shirt sleeve size in the recruitment interview and have test sleeves available in different
   sizes.

c.  Currently, stopping rules depend on researchers' judgment on key criteria of subjects'
   attractiveness and sensitivity, and mosquitoes' biting pressure. (Bernier, 2014, p. 46). The
   Board recommended that the investigators articulate objective measures for stopping criteria.

d.  The Board noted that clarification is needed in the consent form about a nurse being on call
   but not present at the study site.

e.  Currently, partial (per sleeve) compensation is provided to participants who leave the study
   early for any reason. The HSRB recommended that, to prevent coercion or to compensate for
   dropping out or being excluded by the Principal Investigator (PI), full compensation be
   provided to all participants.

f.  Language in the consent form indicating that laboratory mosquitoes pose no risk of
   transmitting disease needs to be modified. To address the unlikely possibility that any of the
   test mosquitoes is found to carry a disease, investigators should articulate a standard method
   and message for notifying participants of exposure.

g.  It is recommended that researchers complete a course in human subjects protections within
   three years of study initiation and completion. Depending on when the study occurs, some
   investigators may exceed this recommended time limit.

Background Presentation on the Repellency Awareness Graphic and Possible Implications
for the HSRB

Staff of EPA's Office of Pesticide Programs presented background and current information about
the Repellency Awareness Graphic; it has been developed in response to public requests for
clearer labeling of insect repellent products. Graphics were developed and pretested using focus
group methods. The three final graphics show the number of hours which the skin-applied
product will repel ticks and/or mosquitoes. Standardization of the graphic is expected to increase
public understanding of product capabilities so they can more readily identify which products
will meet their needs. The Agency's draft guidance for this graphic is out for public comment
until November 13, 2014.
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Board members asked several questions of clarification and raised some concerns. For example,
one concern was how the Agency would use data from multiple studies to determine the number
of hours displayed. Staff recognized that some companies will not have all of the data needed to
complete the graphic for their product; they expect registrants to request a standardized protocol
to obtain the necessary data. EPA staff would present the proposed protocol to the HSRB for
review before studies would be approved.  A question was asked about whether a standardized
protocol would ensure best scientific practices or not.

Another concern was how a median Complete Protection Time (CPT) would be determined
across mosquito and tick species. Furthermore, it was suggested that the lowest, rather than the
median, CPT would be more conservative.

Report from the HSRB Work Group on the Return of Individual Research Results

A consultant to the Board provided information about the origin of the Work Group and
summarized the group's report to the Board. He noted that in the 2009-2010 period the HSRB
had received a protocol in which the sponsor included a draft letter to return study results to
participants. On several occasions the HSRB had discussed return of research results, but
determined that the topic merited in-depth discussion by a smaller group of Board members and
representatives of study participants and their medical providers. A Work Group was formed to
deliberate this  issue; the workshop was held at EPA in January 2013. The Work Group
membership, its process and report with an appendix are presented together in Appendix A.

As noted in the appended report, return of research results has been addressed for clinical studies
and some community-based research but not for the types of laboratory or field studies within
the HSRB's purview. The return of results is a timely, unresolved and evolving issue in the
ethics profession.

The Work Group identified key ethical principles as the underpinnings of their deliberations:
research participant's autonomy and right to know, and researchers' responsibilities to ensure
trust and respect. The group discussed the  potential impacts of results on participants and
sponsors, as well as the HSRB and the Agency. The Work Group made three recommendations
for the HSRB's consideration.

   1.  For many intentional exposure studies, individual results are unlikely to be clinically
       relevant. Despite this, study sponsors or investigators have an obligation to offer results
       to participants.
   2.  There is an absolute moral obligation to return aggregate results directly to all
       participants (e.g., via a letter written in lay language), unless the participant declines of
       [sic] notification.
   3.  There is a presumptive moral obligation to return individual results in a way that is
       comprehensible, contextualized, relevant and useful  if a study participant asks for them.


The Board asked clarifying questions  and discussed the report.  The HSRB agreed that  the
clinical setting is not a suitable framework for considering return of individual results to
participants in  intentional exposure studies. The question was raised as to whether actionable
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exposure levels occur and whether the levels are always known to the participants. One Board
member stated that the ethical principle of social justice points to always offering results.

Although the Board showed considerable interest in the report, there was insufficient time during
this meeting to identify recommendations for the Agency. Furthermore, the recent release of the
President's Bioethics Commission on Incidental Findings may inform the HSRB's deliberations
and decisions; this report was not available for this meeting. The Board agreed to discuss the
issue of returning individual results to study participants at a subsequent meeting.
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References

ASHRAE (American Society of Heating, Refrigerating, and Air Conditioning Engineers).
   (2010). ANSI (American National Standards Institute) /ASHRAE Standard 62.2-2013.
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Baynes, R.E. & Hodgson E. (2004). Absorption and distribution of toxicants. In Ch. 6. A
   Textbook of Modern Toxicology, 3rd edition. Hoboken, NJ: John Wiley & Sons, Inc. 557 p.

Bernier, U.R. (2014). Volume 1: WIRE Approved Protocol and Approved Supplemental
   Documents: Laboratory Evaluation of Bite Protection from Repellent-Impregnated Clothing
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   Department of Agriculture. 210 p. Retrieved from www.epa.gov/hsrb for the HSRB - 23
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Boatwright, M.T. (2014). Antimicrobial Exposure Assessment Task Force II (AEATFII)
   Removal Efficiency Study. Vol. 2. Primary Documentation: Study Protocol, Schulman
   Associates IRB (SAIRB) Preliminary Approval and Documentation, andCA Dept. of
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CEC (California Energy Commission). (2008). Administrative regulations: California code of
   regulations, Title 24, Part 1. In CEC, 2008 Building Energy Efficiency Standards for
   Residential andNonresidential Buildings. CEC-400-2008-001-CMF. Sacramento, CA:
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Evans, J., Parsons, L., & Sherman, K. (2010). Science and Ethics Review of AHETF Scenario
   Design and Protocol AHESOfor Exposure Monitoring of Workers during Open Pour Mixing
   and Loading of Wettable Powders in the United States. [Unpublished document].
   Washington, DC: United States Environmental Protection Agency. For the HSRB - 26
   January 2011 meeting.

Kissel, J.C. (2011). The mismeasure of dermal absorption. Journal of Exposure Science and
   Environmental Epidemiology, 21(3), 302-309.

Leighton, T., Sherman, K., & Cohen, J.  (2013). Science and Ethics Review of AEATF II Solid
   Pour Scenario Design and Protocol for Exposure Monitoring. [Unpublished document].
   Washington, DC: United States Environmental Protection Agency. 58 p. Retrieved  from
   www. epa. gov/hsrb  for the HSRB - 23 April 2014 meeting.

Leighton, T., Sherman, K., & Cohen, J. (2014a). Science and Ethics Review of AEATF II Brush
   and Roller Painting Scenario Design and Protocol for Exposure Monitoring. [Unpublished
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   document]. Washington, DC: United States Environmental Protection Agency. 57 p.
   Retrieved from www.epa.gov/hsrb for the HSRB - 23 April 2014 meeting.

Leighton, 1., Sherman, K., & Cohen, J. (2014b). Science and Ethics Review of AEATFII Paint
   Hand Wash Removal Efficiency Protocol. [Unpublished document]. Washington, DC: United
   States Environmental Protection Agency. 43 p. Retrieved from www.epa.gov/hsrb for the
   HSRB - 23 April 2014 meeting.

Maibach, H.I., Milby, T.H., & Serat, W.F. (1971). Regional variation in percutaneous
   penetration in man. Arch. Environ. Health, 23, 208-213.

Popendorf, W., Selim, M., & Lewis, M. (1995). Exposure while applying industrial antimicrobial
   pesticides. Amer. Indr. Hyg. Assoc. J.., 56(10), 993-1001.

Popendorf, W.  (2006). Industrial Hygiene Control of Airborne Chemical Hazards. Boca Raton,
   FL: CRC Press. 705 p.

Shah, H. (2013a). Study summaries for cyanuric acid.  In AEATF Supplemental Submission oftox
   study summaries for CYA. [Unpublished document]. Washington, DC: American Chemistry
   Council. 8 p. Retrieved from www.epa.gov/hsrb for the HSRB - 23 April 2014 meeting.

Shah, H. (2013b). Pour Solid Study Submission. Vol. 2. Study Protocol, IIRB Approval Letter
   and Supporting Documents. [Unpublished document]. Washington, DC: American Chemistry
   Council. 183 p. Retrieved from www.epa.gov/hsrb for the HSRB - 23 April 2014 meeting.

Shah, H. (2014a). Antimicrobial Exposure Assessment Task Force II (AEATFII) Brush and
   Roller Painting Study,  Vol. 1. Scenario Design. [Unpublished document]. Washington, DC:
   American Chemistry Council. 19 p. Retrieved from www.epa.gov/hsrb for the HSRB - 23
   April 2014  meeting.

Shah, H. (2014b). Antimicrobial Exposure Assessment Task Force II (AEATFII) Brush and
   Roller Painting Study,  Vol. 2. Primary Documentation: Study Protocol, Schulman Associates
   IRB (SAIRB) Preliminary Approval and Documentation andCA Dept. of Pesticide
   Regulation (CDPR) Review and Response Documentation. [Unpublished document ].
   Washington, DC: American Chemistry Council. 19 p. Retrieved from www.epa.gov/hsrb for
   the HSRB - 23 April 2014 meeting.

Sweeney, K.J., & Sherman, K. (2014). Science and Ethics Review ofUSDA Protocol for
   Laboratory Evaluation of Bite Protection from Repellent-treated Clothing for the United
   States Military.  [Unpublished document]. Washington, DC: United States Environmental
   Protection Agency. 36 p. Retrieved from www.epa.gov/hsrb for the HSRB - 23 April 2014
   meeting.

Testman, RJ. (2014). Antimicrobial Exposure Assessment Task Force II (AEATF II) Brush and
   Roller Painting Study.  Vol. 2. Primary Documentation: Study Protocol, Schulman Associates
   IRB (SAIRB) Preliminary Approval and Documentation andCA Dept. of Pesticide
   Regulation (CDPR) Review and Response Documentation. [Unpublished document ].
                                                                                   45

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   Washington, DC: American Chemistry Council. 150 p. Retrieved from www.epa.gov/hsrb
   for the HSRB - 23 April 2014 meeting.

USEPA (U.S. Environmental Protection Agency). (2014). Human Studies Review Board;
   Notification of a public meeting. [EPA-HQ-ORD-2014-0189; FRL-9908-30-ORD]. 79
   Federal Register 53, 15332-15334.

Wester,  R.C., Maibach, H.I., Bucks, D.A.W., & Aufrere, M.B. (1984). In vivo percutaneous
   absorption of paraquat from hand, leg and forearm of humans. J. Toxicol. Environ. Health,
   14, 759-762.

Wester,  R.C., Maibach, H.I. (2005). Regional variation in percutaneous absorption: Principles
   and applications to human risk assessment.  Ch. Sin Bronaugh, R.L. & Maibach, H.I. (eds.)
   Percutaneous Absorption: Drugs, Cosmetics, Mechanisms, Methodology, 4th edition,  (pp.
   85-93). Boca Raton, FL: Taylor & Francis.  878 p.
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                                      APPENDIX A


                   Work Group on Return of Individual Research Results
                               Human Studies Review Board
                                          US EPA

                          Meeting Report and Recommendations

Charge to Work Group

To provide advice, information and recommendations to the US Environmental Protection Agency's
(EPA's) Human Studies Review Board (HSRB) on the issue of returning individual research results.

Background

It is generally accepted that, in a clinical context, physicians and other health care providers have an
obligation to inform patients about the results of individual diagnostic tests (see, e.g., American
College of Physicians [2012]). These tests are being performed solely for the benefit of the patient
and the results will have an effect on individualized treatment As clinicians have an obligation to
provide the best care possible and an obligation to respect the right of patients to make voluntary
and informed decisions about treatment, disclosure of individual test results is an ethical
imperative.

By contrast, there is little consensus as to whether or not investigators have an ethical obligation to
inform study participants about the results of tests performed on them as part of a research
protocol (see, e.g., testimony from the August 19-20 meeting of the US  President's Council for the
Study of Bioethical Issues [PCSBI]. PCSBI [2013]). Often, the primary goal of research is notto
benefit the individual participant directly but rather to benefit society in general. Research tests
and procedures are often done primarily for hypothesis testing or generation,  rather than to
diagnose disease or to  inform physicians and patients about appropriate treatments. These tests
also may not be clinically validated or may not be performed in certified laboratories following
rigorous quality control standards; it is often illegal to release individual test results that are not
performed under these conditions (Clayton et al. 2013). There is a general ethical presumption that
study participants should be informed of aggregate and de-identified research findings. However,
there is still considerable disagreement about if and when individual subjects should be told about
their own individual results from tests performed on them as part of research.

US Federal regulations are largely silent on this topic (see. e.g., Code of Federal Regulations Title 45:
Public Welfare. Department of Health and Human Services.  Part 46: Protection Of Human Subjects).
The only thing that current regulations require is that study participants be told explicitly as part of
the consent process about whether or not they will be given research results. They should also be
told of new results that may change their decision to participate in the study. There is no statutory
requirement to provide individual research results.
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Most discussions of researchers' ethical duties to return individual results have focused on
reporting incidental findings, usually in the context of genetic or neurological research (Green et al.
2013a; Sandeman et al. 2013; Wolf 2013). If researchers performing genome-wide association
studies (GWAS) of genetic factors potentially associated with diabetes, for example, are they
obligated to notify a participant if they discover that the subject carries the genetic markers
associated with Huntington's disease or hereditary breast cancer? Would a neurobiologist
conducting studies of spatial memory using functional magnetic resonance imaging (fMRI) be
required to tell a research participant that they have abnormal neural connectivity in the brain?

These debates are usually framed in terms of a duty to warn, with researchers having an obligation
to inform research participants of findings thathave serious clinical implications (Wolf 2013). The
ethical principle of beneficence - the obligation of investigators to maximize potential benefits and
minimize potential risks of study participation - would seem to suggest that research participants
be told those test results that could directly benefit their health. This would be true in cases where
the test results are clear, the clinical implications unequivocal, and treatment or care  available.

From this perspective, when there is uncertainty about the test results or their clinical implications
the obligation to inform subjects may or may not exist Some argue that providing individual
research results can provide benefit. Research participants in the study of genetic factors
potentially associated with diabetes, for example, might use information about potential risks of
developing diabetes or other chronic conditions to make lifestyle choices that might reduce the
likelihood of developing disease (see, e.g., Affleck 2009). Others make the case that providing
individual research results is itself a benefit because it demonstrates respect for participants,
honors the participants' right to know, and has the potential to strengthen trust in the investigators
and in the research endeavor (Ravitsky and Wilfond 2006).

Others have argued, however, that informing study participants of uncertain or probabilistic test
results might actually lead to physical, psychological or social harm (Moynihan et al. 2012). A
person who is  told that they are likely to develop Huntington's Disease, a progressive
neurodegenerative condition for which there is currently  no cure, might use this information in a
positive way - for example,  by making decisions about if and when to have children, each of whom
could also carry the trait - or they might react to this disclosure in a negative way - for example, by
becoming psychologically depressed or even considering  suicide (Lewis 2013).

There is still considerable disagreement about the ethical obligation to return individual results,
but some areas of consensus have begun to emerge (Green etal. 2013b). For example, there is some
consensus that the duty to disclose individual test results  of clinical research increases in
proportion to the level of certainty that the information provided will positively affect the
diagnosis, prognosis and treatment of the individual. In addition, there is some consensus that
researchers should carefully consider the possibility that  disclosing research results may harm
research subjects. Finally, there is general agreement that researchers should inform  research
participants about if, when and how individual findings will be communicated.
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These considerations are particularly challenging for investigators conducting studies related to the
charge of the HSRB, namely intentional exposure studies of compounds under the regulatory
authority of the EPA.

Historically, such studies have been conducted using exposure chambers under controlled
laboratory conditions, with participants informed of exposure levels as part of the informed
consent process (see, e.g., Muttray etal. 2013 and Bartoli etal. 2013 for recent examples of these
sorts of studies). A number of recent intentional exposure studies submitted to the HSRB for
review, however, have involved observational analysis and measurement of dermal and inhalation
exposure to EPA regulated compounds under real-world conditions. Investigators conducting these
studies have proposed providing study participants with individual exposure results, despite
uncertain benefits. These studies, for instance, are designed only to measure exposure levels, not
health  effects. In addition, most of the intentional exposure studies that have been reviewed by the
HSRB to date were designed to measure levels of exposure that are well below established
thresholds for acute toxicity. Finally, these tests are used to measure exposure and are not clinically
validated; they are not clinical tests at all.

The prevailing assumption in the current debate about individual research results is that they
should be returned only if they are clinically relevant or otherwise actionable. Providing individual
results is unlikely to provide any clear or direct health benefit to intentional exposure study
participants. Any benefit would likely be informational only, and there is little empirical evidence
published to date that suggests that this information would help people reduce their future
exposures. However, a growing body of literature from public health ethicists and environmental
advocates, among others, suggests that this presumption -- that participants must benefit clinically
if individual results are to be returned -- is too narrow and fails to consider issues of subject
autonomy and participatory and reciprocal justice (Morello-Frosch et al. 2009; Parkin 2004).

Because of these concerns, study sponsors and the Agency have sought the input of the HSRB on if
and when to release individual exposure data to observational study participants, leading to the
formation of the Work Group on Return of Individual Research Results.

Work Group Process

The Work Group on Return of Individual Research Results is made up experts in research ethics,
community-based participatory research, health risk assessment, toxicology and biostatistics.

The Work Group, which includes both current and former members of the HSRB as well as
independent consultants, met for a one-day face-to-face meeting on January 16, 2013 to consider
the following questions:

   1.  In research studies that involve intentional exposure of participants to EPA regulated
       compounds, do  researchers have a moral obligation to offer individual research results  to
       participants? Why or why not?
   2.  What are the circumstances under which there is a moral obligation to return individual
       research results to  participants of intentional exposure studies?
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   3.  What is ethical basis for any obligation to provide individual research results to participants
       of intentional exposure studies? Is there an ethical basis for not offering individual research
       results?
Group discussion of whether or not it is ethically obligatory to return individual research results to
study participants was structured around three scenarios adapted from real-world intentional
exposure studies submitted to the HSRB for review. These scenarios are summarized below:

   Scenario 1: Measurement of dermal and inhalation exposure to a liquid antimicrobial pesticide
   product applied using a bucket and mop.

   Participants include English- and Spanish-speaking janitorial professionals of both genders,
   recruited using flyers soliciting interest posted at janitorial service companies. Subjects will
   apply a commercially available (low toxicity) cleaning product to floors using a string mop and
   bucket for predetermined amounts of time. Activities include mopping and emptying of the mop
   bucket, but not mixing of the antimicrobial solution. Exposure will be assessed using a whole
   body dosimeter, hand wash and face wipes, and OHSA Versatile Sampler (OVS) tube sample
   collection.

   Scenario 2: Measurement of dermal and inhalation exposure to a liquid pesticide applied using
   a backpack or handgun sprayer in utility rights-of way.

   Participants include English-speaking utility workers of both genders, recruited using
   brochures posted in utility company workspaces. Subjects will be engaged in their regular
   duties as utility workers, applying a commercially available EPA-registered pesticide using a
   vehicle-mounted handgun or backpack applicator. Exposure will be assessed using a whole
   body dosimeter, hand wash and face wipes, and OHSA Versatile Sampler (OVS) tube sample
   collection.

   Scenario 3: Dosimetry and effectiveness testing of personal insect repellents under field
   conditions.

   Participants include English-speaking subjects recruited from a database of potential
   volunteers using a random dialing approach. The database is owned by a contract research
   organization that recruits potential subjects via advertisements in local newspapers. The study
   consists of two independent analyses: 1) a laboratory-based dosimetry study to determine the
   amount of repellent that typical users would apply; and 2) a field-based study of repellent
   effectiveness. Two formulations of a conditionally registered repellent would be used: a lotion
   and a spray. Exposure during the laboratory phase would be measured by passive dosimetry
   using self-adhesive gauze (spray) or by direct measurement (lotion). During the field tests the
   amount of repellent applied would be standardized, and repellent effectiveness determined by
   exposure to mosquitoes in a natural environment.
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Work group members were asked to address the three charge questions listed above for each
scenario, with the group Chair facilitating the discussion in an attempt to reach consensus. If
consensus could not be reached on a recommendation and rationale for the HSRB, the majority
opinion would be presented to the Board with minority views represented in the associated
commentary.  For each of the recommendations listed below, consensus was achieved. During
subsequent decision of this meeting report, however, one Working Group member raised concerns
about Recommendation 3. These concerns are detailed in the attached memo (Appendix 1).

Recommendations

    1.  For many intentional exposure studies, individual results are unlikely to be clinically
       relevant Despite this, study sponsors or investigators have an obligation to offer results to
       participants.
    2.  There is an absolute moral obligation to return aggregate results directly to all participants
       (e.g. via a letter written in lay language), unless the participant declines of notification.
    3.  There is a presumptive moral obligation to return individual results in a way that is
       comprehensible, contextualized, relevant and useful if a study participant asks for them.
Rationale

   Different ethical frameworks can and have been used to explore the issue of returning research
   results to participants. However, most of the discussions have been framed around the three
   principles of respect for persons, beneficence and justice. These three principles are widely
   recognized and provide a moral foundation for current US regulations and guidance for the
   ethical conduct of research involving human participants. Support for the Work Group's
   conclusions can be found in each of these principles.

   For example, the principle of respect for persons requires that investigators treat research
   participants as autonomous moral agents capable of making decisions for themselves. In
   practice, this requires that research participants be allowed to make a voluntary and fully
   informed choice about whether or not to participate in a study.  Included in this is the obligation
   for investigators to provide to potential volunteers, in a comprehensible and culturally
   appropriate manner, all information about the study that the participants deem relevant. This
   includes information about the risks and benefits of participation, and how the results of
   research will be disseminated to the participant and the community. However, the informed
   consent process does not end once the participant has agreed to enroll in the study. Rather, it is
   an ongoing conversation, with participants free to leave the study at any time and for any
   reason. Moreover, investigators are obligated to communicate to participants, "significant new
   findings ... which may relate to the subject's willingness to continue participation" (45 CFR
   46.116(b)(5)).
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The Work Group concluded that respect for persons also extends to informing research
participants of results even after the study has ended, as these results may have significant
implications for the participants. For example, such data may inform participants of potential
workplace risks or provide them with information about reducing workplace exposure to
potentially hazardous chemicals like pesticides. It is the individual participant's right to decide
if they want to know the results or not, as well as to decide what they will do with this
information. Thus, the study sponsors and investigators are morally obligated to offer research
results to study participants. It is important to note, however, that this is different from
mandatory provision or disclosure of results to participants. As autonomous agents, research
subjects also have the right to decline to be given research results.

Similarly, the principle of beneficence requires that investigators maximize the potential
benefits and minimize the predictable risks of study participation. In the case of intentional
exposure studies, the likely benefits to individual research participants are primarily
informational. Janitorial or utility workers who routinely handle potentially hazardous
chemicals like pesticides may benefit from learning about chemical exposures that are part of
their jobs. As exposure is part of these workers' jobs, study participants as a class will likely
benefit from disclosure of results.

Some study sponsors and investigators worry that disclosure of research results may pose
some risk to participants. Providing research results, for example, might cause psychological
distress in those with higher than average exposures or prompt those with lower than average
exposures to relax their workplace safety habits  in ways that may put them at increased risk of
harm. But these risks are individual and unpredictable. Therefore, the moral obligation to
minimize risks of study participation does not preclude returning of research results. Potential
risks to individual participants do not justify denying likely benefits to all participants. Rather, it
requires that investigators return research results in a way that is comprehensible, relevant,
contextualized and usable to those who request this information.

Finally, the principle of justice requires that research subject selection be equitable and non-
exploitative. Individuals and groups that participate in research should benefit, and the study
should be responsive to their concerns and needs. There are different concepts of justice:
distributive, participatory, rectificatory, and reciprocal. When applied to the research context,
the fourth of these - reciprocal justice - suggests that individuals who voluntarily take on the
risks of research deserve proportionally more benefit. People who contribute to the research
effort deserve something in return, be it access to new treatments, provision of ancillary care
or, in the case of non-clinical research like intentional exposure studies, the offer of research
results. In the long term, providing these results  also demonstrates openness and transparency,
building trust between the investigators, the study participants and the larger community.

The Work Group thus found that ethical principles of respect for persons, beneficence and justice
place a moral obligation on study sponsors and investigators to offer research results to all
study participants. At a minimum, researchers must provide aggregate results to all participants
except those who decline notification. Similar moral arguments could be made with respect to
returning individualized results to participants, but in its discussions of the three exposure
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   scenarios the Work Group concluded that there was only a presumptive rather than an absolute
   obligation to return these results if the subject asks for them.

   Depending on the context and goals of the study, sponsors and investigators may be justified in
   some circumstances in withholding individual results. In particular, the relevance and usability
   of individualized results is important in determining if and when these data should be reported.
   For example, in two of the scenarios discussed - Scenario  1:  Measurement of dermal and
   inhalation exposure to a liquid antimicrobial pesticide product applied using a bucket and mop
   and Scenario 2: Measurement of dermal and inhalation exposure to a liquid pesticide applied
   using a backpack or handgun sprayer in utility rights-of way - research participants are
   professional janitorial and utility workers who use potentially hazardous chemicals routinely.
   Exposure to these chemicals is not voluntary but is a routine part of their jobs. Thus, there is a
   strong obligation to return individualized results to participants in these studies as they may be
   directly relevant to the risks they experience in the workplace and may be of considerable
   utility (e.g. it may improve safe chemical handling and reduce future exposures, particularly for
   those with higher than average results). However, these results must be presented in a way that
   is comprehensible and contextualized, and which minimizes potential psychological and social
   risks.

   By contrast, in Scenario 3 (Dosimetry and effectiveness testing of personal insect repellents
   under field conditions), the relevance and usability of individualized results was questionable.
   Participants in this study were healthy volunteers who may  or may not be exposed to the test
   chemical in the future. Even if they are - by using a commercially available formulation of the
   insect repellent being tested, for example - the individual  exposure data obtained during the
   dosimetry experiments may not be directly comparable to use of a consumer product. Providing
   individualized results in this case might be morally praiseworthy but not ethically obligatory.

References

   Affleck P. 2009. Is it ethical to deny genetic research participants individualised results?/Med
   Ethics35(4): 209-13.

   American College of Physicians. 2012. Ethics Manual,  Sixth Edition. Available online at
   http://www.acponline.org/running_practice/ethics/manual/manual6th.htm.  Accessed July 19,
   2013.

   Bartoli ML, Vagaggini B, Malagrino L, Bacci E, Cianchetti S, Dente FL, Novelli F,  Costa F, Paggiaro
   P. 2013. Baseline airway inflammation may be a determinant of the response to ozone exposure
   in asthmatic patients. Inhal Toxicol 25(3): 127-33.

   Clayton EW, Haga S, Kuszler P, Bane E, Shutske K, Burke W. 2013. Managing incidental genomic
   findings: legal obligations of clinicians. Genet Med 15(8): 624-9.

   Department of Health and Human Services. 2009. Code of Federal Regulations Title 45: Public
   Welfare. Part 46: Protection of Human Subjects. Available  online at
   http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html. Accessed July 19, 2013.
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Green RC, Lupski JR, Biesecker LG. 2013a. Reporting genomic sequencing results to ordering
clinicians: incidental, butnotexceptional./v4M4 310(4): 365-6.

Green RC, Berg JS, Grody WW, Kalia SS, Korf BR, Martin CL, McGuire AL, Nussbaum RL, O'Daniel
JM, Ormond KE, Rehm HL, Watson MS, Williams MS, Biesecker LG. 2013b. ACMG
recommendations for reporting of incidental findings in clinical exome and genome sequencing.
Genet Med 15(7):565-74.

Lewis R. 2013. Incidental findings from genome sequencing - nuances and caveats. Scientific
American. Available online at http://blogs.scientificamerican.com/guest-
blog/2 013/03/22/incidental-findings-from-genome-sequencing-nuances-and-caveats.
Accessed on July 19. 2013.

Morello-Frosch R, Brody JG, Browne P, Gasoir R, Altman RG, Rudel RA, Perez C. 2009. Toxic
ignorance and right-to-know in biomonitoring results communication: a survey of scientists
and study participants. Environ Health 8(6): 1-13.

Moynihan R, Doust J, Henry D. Preventing overdiagnosis: how to stop harming the healthy. BMJ
344:e3502

Muttray A, Gosepath J, Brieger J, Faldum A, Mayer-Popken 0, Jung D, Rotebach B, Mann W, Letzel
S. 2013. Acute effects of an exposure to 100 ppm l-methoxypropanol-2 on the upper airways of
human subjects. Toxicol Lett 220(2): 187-92.

Parkin RT. 2004. Communications with research participants and communities: foundations for
best practices./ Expo Anal Environ Epidemiol 14: 516-23.

President's Council for the Study of Bioethical Issues. 2013. Transcripts of the August 19-20,
2013 Meeting. Available online athttp://bioethics.gov/node/2782. Accessed Septemer 6, 2013.

Ravitsky V, Wilfond BS. 2006. Disclosing individual genetic results to research participants. Am]
Bioeth 6(6): 8-17.

Sandeman EM, Hernandez Mdel C, Morris Z, Bastin ME, Murray C, Gow AJ, Corley J, Henderson
R, Deary IJ, Starr JM, Wardlaw JM. 2013. Incidental findings on brain MR imaging in older
community-dwelling subjects are common but serious medical consequences are rare: a cohort
study. PLoS One 8(8):e71467.

Wolf SM. 2013. Return of individual research results and incidental findings: facing the
challenges of translational research. Annu Rev GenomicsHum Genet 14: 557-77.
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Appendix 1:   Memo of Concern
From:         Sammy Almashat, MD, MPH
              Physician and Staff Researcher, Public Citizen
              Member, Work Group on the Return of Individual Research Results

To:           EPA Human Studies Review Board

Re:           Disagreement with Work Group recommendations to the Human Studies Review
              Board
I am writing today to express my partial disagreement with the Work Group on the Return of
Individual Research Results recommendations on the moral obligations of investigators to offer
individual research results to human subjects in intentional exposure studies.

I wholeheartedly support the general intent of the Work Group's recommendations and their
rationale for supporting greater transparency in the disclosure of research results.

I also strongly endorse the recommendation that places an absolute moral obligation on
investigators to return aggregate research results to subjects, regardless of the relevance or
usability of the data, unless the subject declines the offer.

However, I disagree with the recommendation that there is only a presumptive (rather than
absolute) obligation to return individual research results, "only if they can and will be presented in
a way that is comprehensible, contextualized, relevant and useful."  (Working Group on  the Return
of Individual Research Results, 2013). Rather, the return of individual research results  (especially if
requested by the subject on an "opt-in" basis) constitutes an absolute moral obligation  as a subject's
right to know overrides questions of relevance and practical utility.

My objections are for the following reasons:

1.  The moral obligation to return, or not return individual research results should not rely
   on the investigator's or study sponsor's determination of the relevance or utility of the
   information.

   I am concerned that determinations of the relevance and utility of individual research results
   will be made solely by the investigator or study sponsors. The relevance of a particular set of
   data is, in part, a subjective determination made by each individual subject (e.g. the simple
   desire to satisfy one's curiosity is relevant to the subject in a way that cannot be measured
   objectively). For exposure data in particular, it is often challenging to identify significant clinical
   consequences from disclosure (or non-disclosure) of the information. It will also be challenging
   for study investigators to determine the objective relevance (or evaluate the solicited subjective
   relevance) of research results for each individual subject, particularly in large studies involving
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   heterogeneous groups and highly variable exposure results. For these reasons only the
   respective subject can determine the relevance and utility of individual research results.

   Another concern that arises from the exclusive reliance on study investigators' determination of
   relevance and utility is a potential tendency among investigators and sponsors, however subtle
   and unconscious, against providing more information than is absolutely required. Returning
   individual research results represents a financial and time commitment on the part of the study
   sponsor that is considerably greater than the return of a single, identical set of aggregate
   results. The Work Group's recommendation (with which I agree) to make the individual results
   "comprehensible, contextualized, relevant and useful" adds to the scale of the commitment.
   Therefore, some sponsors may, in the face of the uncertainty inherent to the abstract notions of
   "relevance" and "utility," but not necessarily out of any malintent, too often err against
   returning individual research results.

2. The potential for unintended harm, not the relevance or utility of individual results,
   should serve as the sole basis for the determination of the moral obligation to return
   individual research results in intentional exposure studies.

   The sole consideration relevant to the question of whether or not there is a moral obligation to
   returning individual results should be the potential for unintended harm to the subject, in the
   form of psychological, social, or economic difficulty incurred as a result of the disclosure of such
   information.

   Here, I agree with the Work Group's assertion that, "the moral obligation to minimize risks of
   study participation does not preclude returning of research results" (Working Group on the
   Return of Individual Research Results, 2013). While the return of aggregate results raises
   similar concerns of unintended harm, the Working Group did not consider this to be sufficient
   to exempt investigators from the  absolute requirement to return such results in all cases, unless
   subjects actively decline receipt of the information. In fact, returning aggregate results in the
   absence of individual results could make the information less relevant to each individual
   subject Such a situation of increased uncertainty as to how the aggregate results apply to the
   individual subject could heighten anxiety or it could mitigate it

   It is also true that the return of individual research results in a way that is not readily
   comprehensible or interpretable may cause more unintended harm than the return of
   aggregate results alone. However, here the  critical point to consider is that the potential for
   unintended harm to research subjects as a result of the disclosure of individual research results
   increases (and decreases) in direct proportion to the relevance or utility of the information to
   the subject For example, in scenarios #1 and #2 discussed by the Working Group (Working
   Group on the Return of Individual Research Results, 2013), potential harms were anticipated
   only because the exposures studied were relevant to the subjects in some way (e.g. the same
   potentially dangerous exposures were also present at their worksites). By contrast, in scenario
   #3, no unintended harms were identified presumably because the exposure was not deemed
   relevant to subjects' everyday lives. In other words, it is precisely the studies in which
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   individual results are least relevant to subjects' lives that are least likely to cause unintended
   harm to the subject.

   In cases in which the potential for harm resulting from disclosure of individual research results
   is particularly high, investigators should be obligated to inform subjects of this possibility. In
   light of the Work Group's recommendation for the obligatory return of aggregate results in all
   circumstances, it is hoped that subjects would be warned of the potential for unintended harm
   caused by the return of aggregate results. With minor modifications, a similar warning should
   accompany the return of individual results. Empowering subjects to make informed decisions
   for themselves enhances autonomy and fosters trust in the research process.

3.  "Opt-out" vs. "opt-in" for aggregate and individual research results

   While the Work Group's charge was limited to the determination of whether a moral obligation
   should exist to return research results, a consideration of how research results should be
   returned in light of the discrepant moral obligations for aggregate and individual research
   results is warranted.

   I agree with the Work Group that the return of aggregate results should always occur on an
   "opt-out" basis so as to minimize the number of subjects failing to receive the information for a
   lack of awareness of their right to do so. I disagree, however, with the proposal for an opt-in
   system for individual research results. The presumption of lower relevance and utility and a
   higher likelihood of harm associated with the return of individual versus aggregate results may
   explain why different standards (i.e., absolute versus presumptive moral obligations) were
   applied.

   As outlined above, I disagree with these assumptions. I believe that an opt-out system should be
   applied in both cases. Should an opt-in system be adopted for the return of individual research
   results, however, investigators should be required to disclose this option to subjects during the
   informed consent process and after study completion.
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              Work Group on Return of Individual Research Results

                            MEMBERS (*=HSRB member)

*Sean Philpott, PhD, MSBioethics (CHAIR)
The Bioethics Program
Union Graduate College
Schenectady, NY 12308

Jewell H. Halanych, M.D.
Assistant Professor Bioethics
Department of Medicine
Division of Preventative Medicine
University of Alabama at Birmingham
Birmingham, AL 35205

*Dallas Johnson,  Ph.D.
Professor Emeritus
Department of Statistics
Kansas State University
Manhattan, KS

*Michael D. Lebowitz, Ph.D., FCCP
Retired Professor of Public Health
(Epidemiology) & Medicine & Research Professor of Medicine
University of Arizona
Tucson, AZ

*Rebecca Tyrrell Parkin, PhD, MPH
Professorial Lecturer
School of Public Health and Health Services
The George Washington University
Lake Frederick, VA 22630

*Linda J. Young
Professor & Associate Chair
Department of Statistics; IFAS
University of Florida
Gainesville, Florida 32611-0339

Sammy Almashat, M.D., M.P.H.
Research Associate
Health Research Group
Public Citizen
Washington, D.C. 20009
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Joanna Gaitens, Ph.D., MSN/MPH, RN
Assistant Professor
University of Maryland School of Medicine
Baltimore, MD

Amy Liebman, MPA, MA
Director of Environmental and Occupational Health
Migrant Clinicians Network
Quantico, MD21856

Jennie A. McLaurin, MD, MPH
Specialist, Child and Migrant Health, Bioethics
Migrant Clinicians Network
Ferndale, WA 98248

Peter M. Rabinowitz MD MPH
Associate Professor of Medicine
Director of Electives
Yale School of Medicine
 c/o Yale Occupational and Environmental Medicine Program
New Haven, CT 06510

*Virginia Ashby Sharpe, Ph.D.
Medical Ethicist
National Center for Ethics in Health Care
Veterans Health Administration 10P6
Washington, DC 20420

Non-member participant:
Jim Downing
Executive Director, HSRB
202-564-2468
Cell: 703-975-5972
Downing.iim@epa.gov
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