UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

  SEQ CHAPTER \h \r 1 

								OFFICE OF PREVENTION

PESTICIDES AND TOXIC

Date:  May 14, 2007						SUBSTANCES

	

MEMORANDUM

SUBJECT:	Recommendation to Establish a Tolerance for Fenbutatin-oxide in
Pistachio.

PC Code:  104601

DP Barcode:  328812

Decision #: 366094

Petition #: 6E7052

TO:		Barbara Madden, Chief

		Risk Integration Minor Use, and Emergency Response Branch

Registration Division (7505P)

Joseph Nevola

Program Services Branch

Special Review and Reregistration Division (7508P)

FROM:	Tom Moriarty

		Registration Action Branch 2	

Health Effects Division (7507P)

THROUGH:	Christina Swartz, Branch Chief

Registration Action Branch 2	

Health Effects Division (7507P)

		

The Interregional Research Project No. 4 (IR-4), on behalf of the
technical registrant Dupont, submitted a petition (petition no. 6E7052)
to request a tolerance of 0.5 ppm for residues of fenbutatin-oxide
(hexakis) in pistachio.  IR-4 requested that a tolerance of 0.5 ppm for
fenbutatin-oxide residues in pistachio be established on the grounds
that, in the future, the Agency intends to include pistachio in the
“tree nut” crop group, for which adequate data on the representative
crop (almond) exists.

HED recommends a tolerance of 0.5 ppm for residues of fenbutatin-oxide
in pistachio be established.  This tolerance will not result in
increased dietary exposure to fenbutatin-oxide since the dietary
exposure analysis for the Fenbutatin-oxide Tolerance Reassessment
Document  (TRED) issued May, 2002, included potential exposure from
residues in pistachio (Anticipated Residues and a Tier 3 Chronic Dietary
Exposure Assessment; Nov, 2001; D278567).

An acute dietary analysis was not conducted on fenbutatin-oxide because
a review of all available toxicity data did not identify an appropriate
endpoint attributable to a single oral dose.  Chronic dietary risk based
on existing uses and the proposed tolerance for residues in pistachio
was estimated at or below 1% of the cPAD.  Therefore, the establishment
of a tolerance for residues of fenbutatin-oxide in pistachio will not
increase aggregate exposure and risk for the general US population and
all relevant population subgroups.

Current tolerances for fenbutatin-oxide are listed in 40CFR 180.362.  As
part of the Agency’s implementation of the Fenbutatin-oxide RED, the
individual tree nut tolerances (almonds at 0.5 ppm; pecans at 0.5 ppm;
and, walnuts at 0.5 ppm) will be deleted and replaced with a single
“tree nut” group tolerance at 0.5 ppm (proposal notice issued August
4, 2004, (69 FR, 47051).  In the future, the Agency will include
pistachio in the “tree nut” crop grouping; however, currently
pistachio is separate.  Therefore, a pistachio tolerance must be
established in addition to the tolerances set for the other nuts in the
current “tree nut” crop group.  Until pistachio is officially
included in the “tree nut” crop group, a separate tolerance of 0.5
ppm for fenbutatin-oxide residues in pistachio is recommended.

