December 2, 2005

Comments on Flumiclorac pentyl submitted to US EPA

Via email: opp-docket@epa.gov

Docket No. OPP-2005-0311

From:
Ellen Connett
Fluoride Action Network Pesticide Project
82 Judson Street, Canton NY 13617
Email: pesticides@fluoridealert.org

Re: November 30, 2005, Pesticide petition for Flumiclorac pentyl

Would EPA please clarify the following:

The August 23, 2005, "Report of the Food Quality Protection Act Tolerance Assessment Progress and Risk Management Decision for Flumiclorac pentyl" states:
"An aquatic phototoxicity study is being required for light-dependent peroxidizing herbicides, including flumiclorac pentyl. Note: This is a new data requirement and will be required under a group DCI for Light-Dependent Peroxidizing Herbicides to be sent under separate cover - (page 7)." This document is Docket OPP-2005-0229-0002. 

1. EPA needs to provide more information concerning this study, including when the study began or when it will begin, and when results are expected to be available.

2. Would EPA please place in the Docket the new data requirement "under a group DCI" that is referred to.

3. Will this study be a condition for the pesticide tolerance (PP 3F6767) if it is approved? If EPA does not make it a condition, would they please offer their rationale for not doing so.

Concerning the animal studies referred to in the HED Chapter of the TRED (Docket OPP-2005-0229-0003):

4. There is no mention to the amount of light these animals were subjected to during these studies. Would EPA please comment on whether the protocols utilized in of all studies cited were appropriate for ascertaining phototoxic effects.

5. In its determination of risks to exposed individuals (infants, children, adults, workers, bystanders) did EPA consider the phototoxic effects of flumiclorac pentyl. Would EPA please offer to the public its discussion on this issue. If EPA did not consider the phototoxic effects of this pesticide, how can they assume it is safe.

Lastly, in the petition it states that "a description of the analytical method available for the detection and measurement of the pesticide chemical
residues is available on EPA's Electronic Docket." As of this date, there is no information available in this docket.