1 OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

P C Code: 121001 DP Barcode: 427828 July 23, 2015 MEMORANDUM

Subject: EFED Response to Public Comments Re garding the Registration Review Problem Formulation for Sethoxydim: Docket ID# EPA-HQ-OPP-2015-0088.

To: James Parker, Chemical Review Manager Neil Anderson, Branch Chief Risk Management and Implementation Branch 1 Pesticide Re-evaluation Division (7508P) Office of Pesticide Programs

From: Christina Wendel, Biologist Environmental Risk Branch II Environmental Fate and Effects Division (7507P) Office of Pesticide Programs

Reviewed By: Melissa Panger, Ph.D., Senior Advisor Environmental Risk Branch II Environmental Fate and Effects Division (7507P) Office of Pesticide Programs

Through: Elyssa Arnold, Risk Assessment Process Leader (RAPL) Brian Anderson, Branch Chief Environmental Risk Branch II Environmental Fate and Effects Division (7507P) Office of Pesticide Programs

Attached please find the Environmental Fate and Effects Division (EFED)’s response to public comments on the problem formulation for Regist ration Review of Sethoxyd im (Docket ID No.: EPA-HQ-OPP-2015-0088). Comments on EFED’s problem formulation were received from the BASF Corporation . The comments are provided below, along with EFED’s responses. 

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## Response to Public Comments Regarding the Problem Formulation for the Registration Review of Sethoxydim

BASF Corporation

Comment 1: “BASF disagrees with EPA’s finding that sethoxydim is “moderately toxic” to bees. This finding is based on a 1981 study performed at a single dose of 10 micrograms per bee. In footnote 8 to Table 7 of the Problem Formulation document, EFED correctly notes that the existing study (MRID 41510607) showed no mortality with the technical material, but does not mention that the same study showed only 5% mortality with the formulated product. Since this study does not conform to current guidelines, BASF intends to repeat the honeybee acute oral and contact study to support upcoming registration review, and plans to conduct adult and larval chronic studies as well. ”

EFED Response: EFED thanks BASF for the comment, and EFED is looking forward to reviewing the new honeybee data when it is all submitted. EFED appreciates BASF pointing out the additional toxicity data regarding the fo rmulated product. EFED appreciates that new data will be collected; however the current stud y classification of moderately toxic was based on the acute honey bee toxicity data available at the time the sethoxydim problem formulation was written. Based on the infor mation provided in the currently available honey bee study, it is likely that sethoxydim will at most be moderately toxic to adult honeybees on an acute contact exposure basis; however until new data are submitted and reviewed, this remains an uncertainty.

Comment 2: “ At this time, there is no evidence to indicate that sethoxydim is “moderately toxic” to bees. Additionally, there is no evidence to support sethoxydim’s inclusion as an Acutely Toxic Pesticide in Appendix A of “EPA’s Proposal to Mitigate Exposure to Bees from Acutely Toxic Pesticide Products,” dated May 28, 2015 (Docket EPA -HQ-OPP-2014-0818- 0002). BASF requests that the EPA remove sethoxydim from this document. ”

EFED Response: EFED thanks BASF for the comment. As discussed in the previous comment, due to the uncertainty associated with the available honeybee toxicity data, there is a potential for sethoxydim to be moderately toxic to honeybees. Therefore, until additional data becomes available to show otherwise, sethoxydim will likely remain on the list.