[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)]
[Notices]
[Pages 34261-34271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16655]


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ENVIRONMENTAL PROTECTION AGENCY

[PF-736; FRL-5719-6]


Notice of Filing of Pesticide Petitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide 
petitions proposing the establishment of regulations for residues of 
certain pesticide chemicals in or on various food commodities.
DATES: Comments, identified by the docket control number PF-736, must 
be received on or before July 25, 1997.
ADDRESSES: By mail submit written comments to: Public Information and 
Records Integrity Branch, Information Resources and Services Division 
(7506C), Office of Pesticides Programs, Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. In person bring comments 
to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Comments and data may also be submitted electronically by following 
the instructions under ``SUPPLEMENTARY INFORMATION.'' No confidential 
business information should be submitted through e-mail.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information'' (CBI). CBI should not be 
submitted through e-mail. Information marked as CBI will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2. A copy of the comment that does not contain CBI must be submitted 
for inclusion in the public record. Information not marked confidential 
may be disclosed publicly by EPA without prior notice. All written 
comments will be available for public inspection in Rm. 1132 at the 
address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
table below:

[[Page 34262]]



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  Product Manager/Regulatory       Office location/                     
            Leader                 telephone number          Address    
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Elizabeth Haeberer............  Rm. 207, CM #2, 703-    1921 Jefferson  
                                 308-2891, e-            Davis Hwy,     
                                 mail:haeberer.elizabe   Arlington, VA  
                                 [email protected].                    
Indira Gairola (Reg. Leader)..  4th floor, CS #1, 703-  2800 Crystal    
                                 308-8371, e-mail:       Drive,         
                                 gairola.indira@epamai   Arlington, VA  
                                 l.epa.gov.                             
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SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
follows proposing the establishment and/or amendment of regulations for 
residues of certain pesticide chemicals in or on various food 
commodities under section 408 of the Federal Food, Drug, and Comestic 
Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these petitions 
contain data or information regarding the elements set forth in section 
408(d)(2); however, EPA has not fully evaluated the sufficiency of the 
submitted data at this time or whether the data supports granting of 
the petition. Additional data may be needed before EPA rules on the 
petition.
    The official record for this notice of filing, as well as the 
public version, has been established for this notice of filing under 
docket control number [PF-736] (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The official record is located at the address in 
``ADDRESSES'' at the beginning of this document.
    Electronic comments can be sent directly to EPA at:
    [email protected]


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comment and data 
will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket number [PF-736] and appropriate petition 
number. Electronic comments on this notice may be filed online at many 
Federal Depository Libraries.

List of Subjects

    Environmental protection, Agricultural commodities, Food additives, 
Feed additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: June 9, 1997.

James Jones,

Acting Director, Registration Division, Office of Pesticide Programs.

Summaries of Petitions

    Petitioner summaries of the pesticide petitions are printed below 
as required by section 408(d)(3) of the FFDCA. The summaries of the 
petitions were prepared by the petitioners and represent the views of 
the petitioners. EPA is publishing the petition summaries verbatim 
without editing them in any way. The petition summary announces the 
availability of a description of the analytical methods available to 
EPA for the detection and measurement of the pesticide chemical 
residues or an explanation of why no such method is needed.

1. Gaylord Chemical Corporation

PP 5E4592

    EPA has received a Supplement to a Petition (PP 5E4592) from 
Gaylord Chemical Corporation, P.O. Box 1209, Slidell, LA 70459-1209, 
proposing, pursuant to section 408(d)(3) the Federal Food, Drug and 
Cosmetic Act, 21 U.S. C. section 346a(d), to amend 40 CFR 180.1001(d) 
to extend the existing exemption from a tolerance for residues of the 
inert ingredient DMSO [dimethyl sulfoxide] by permitting its use in 
pesticide formulations applied to the edible parts of food or feed 
crops. DMSO may currently be used as a solvent or cosolvent in end-use 
pesticides that are applied before crop emergence or prior to the 
formation of edible parts of food plants.
    Dimethyl sulfoxide (DMSO) is widely used as a solvent in industry, 
in chemical and biochemical research, and in medicines. DMSO readily 
penetrates the skin and has proven to be an effective carrier of 
various pharmaceutical agents into the body. It is currently used in 
veterinary medicinal formulations as well as being used medicinally in 
its own right. DMSO has been shown to relieve pain and reduce swelling 
when applied dermally to acute sprains and strains. It is approved for 
a variety of human prescriptions in over 125 countries. In the United 
States, DMSO is FDA-approved for treatment of musculoskeletal injuries 
in horses, acute or chronic otitis in dogs, and interstitial cystitis 
in humans. In Canada, DMSO is approved for the treatment of scleroderma 
while in Germany it is approved for the treatment of sports injuries 
and in the United Kingdom for treatment of herpes zoster.
    On August 21, 1995, Gaylord Chemical Corporation (Gaylord) 
submitted to the EPA a tolerance exemption petition (PP 5E4592) 
entitled ``Petition for Extension of Existing Exemption from Tolerance 
for the Inert Ingredient, DMSO''. That petition proposed to amend 40 
CFR part 180.1001(d) by allowing DMSO to be applied to the edible parts 
of food and feed crops when used in end-use pesticide formulations as a 
solvent or a cosolvent at up to 10 percent of finished sprays or tank 
mixes. Gaylord now proposes to amend their petition to clarify that 
DMSO is intended for applications at not more than 5 lbs. DMSO per acre 
when used as a solvent or cosolvent in end-use pesticide formulations 
applied to the edible parts of food and feed crops.
    Pursuant to the section 408(d)(2)(A)(i) of the FFDCA, as amended, 
Gaylord Chemical Corporation has submitted the following summary of 
information, data and arguments in support of their tolerance exemption 
petition. This summary was prepared on behalf of Gaylord Chemical 
Corporation and EPA has not fully evaluated the merits of the petition. 
The summary may have been edited by EPA if the terminology used was 
unclear, the summary contained extraneous material, or the summary was 
not clear that it reflected the conclusion of the petitioner and not 
necessarily EPA.
    Based on petition PP 5E4592, as amended, by the supplemental 
information presented herein, Gaylord Chemical Corporation concludes 
that the expanded use of DMSO in pesticide end-use formulations applied 
to the edible parts of food and feed crops will not result in DMSO 
dietary exposures of toxicological consequence for the following 
reasons: (1) DMSO is widely distributed and naturally-occurring in 
plants and the environment; (2) DMSO is extensively metabolized by 
plants following either root or foliar uptake; (3) When ingested or 
dermally applied,

[[Page 34263]]

DMSO is practically non acutely toxic, nor is it genotoxic or 
carcinogenic; (4) DMSO is rapidly metabolized and excreted by animals 
and humans without any evidence of bioaccumulation; (5) DMSO is not 
anticipated to cause any cumulative effects; and (6) There is no 
evidence that DMSO is an endocrine disruptor.

A. Proposed Use Practices of DMSO

    DMSO is a pesticidally inert ingredient that currently is exempted 
[40 CFR (180.1001(d)] from the requirement of a tolerance for residues 
when used as a solvent or cosolvent in pesticide formulations applied 
before crop emergence from the soil or prior to formation of edible 
parts of food plants. There are no other limits for DMSO expressed in 
40 CFR (180.1001(d). The proposed amended use would allow DMSO 
applications at not more than 5 lbs. DMSO per acre when used as a 
solvent or cosolvent in end-use pesticide formulations applied to the 
edible parts of food and feed crops.

B. Natural Occurrence of DMSO

    Researchers have estimated that approximately 20 - 60 billion 
pounds of DMSO are created in the atmosphere each year from naturally-
occurring, atmospheric dimethyl sulfide (DMS). DMSO is also found in 
natural waters, where it is believed to be produced by photochemical 
oxidation of dimethyl sulfide (DMS) generated by algae and 
phytoplankton. There is also evidence that DMSO is found naturally in 
soils and is metabolized by a variety of microorganisms, resulting in 
volatilization of sulphur from soil.
    Naturally-occurring DMSO has been identified in alfalfa, asparagus, 
barley, beans, beets, cabbage, corn, cucumbers, oats, onions, Swiss 
chard, tomatoes, apples, raspberries, spearmint, beer, milk, coffee and 
tea. DMSO concentrations in fresh fruit, vegetables and grains ranged 
from undetectable (<0.05 parts per million (ppm) to 1.8 ppm. In 
processed products such as sauerkraut or tomato paste, concentrations 
of DMSO ranged from <0.05 to 3.7 ppm. DMSO was also found in milk (0.13 
ppm), lager beer (1.4 ppm), coffee (2.6 ppm) and black tea (16.0 ppm). 
In forage crops such as alfalfa and corn silage, DMSO levels were 0.17 
and 0.31 ppm, respectively.

C. Product Identity/Chemistry

    1. Identity of inert compound and corresponding residues. Dimethyl 
sulfoxide (CAS number 67-68-5) is commonly known and abbreviated as 
DMSO. Other names for DMSO are sulfinylbismethane and methyl sulfoxide. 
The molecular weight of DMSO is 78.13, the empirical formula is C2H6SO, 
and the structural formula is (CH3)2SO. DMSO is a very hygroscopic 
liquid with practically no odor or color. Residues of DMSO include 
DMSO2 (dimethyl sulfone) and DMS (dimethyl sulfide).
    2. Plant metabolism. The metabolism of DMSO in plants is well 
understood. Extensive studies have shown that: (1) DMSO is absorbed by 
plant roots and foliage; (2) translocation of DMSO is primarily upward 
and associated with the transpirational stream; (3) metabolism of DMSO 
is primarily occurs in the foliage; (4) DMSO is metabolized to DMSO2 by 
oxidation, to volatile DMS by reduction and to components that are 
incorporated into sulfur-containing amino acids and proteins; (5) DMSO 
does not accumulate in plant tissues; and (6) the amount of residue is 
dependent on the time since application.
    3. Analytical methods. Validated analytical methods for residues of 
DMSO in or on plant and animal tissues are available. DMSO is extracted 
from the samples, analyzed by gas chromatography using a flame 
photometric detector operating in the sulfur mode and quantified by 
comparison to external standards.
    4. Magnitude of the residues. In 1 study, 15 food or feed crops 
were treated with DMS35O at a rate of 5 lbs per acre 24 hours before 
harvest. The maximum total radioactive residue (TRR) found in forage 
crops was 39.16 ppm. Among the food crops, grain from fall-planted 
barley had maximum total S35 residues (5.38 ppm), while red raspberries 
had residues of 1.81 ppm. All of the other treated crops had residues 
less than 1 ppm with those in or on sweet corn, cabbage, apples, onions 
and dried beans at less than 0.01 ppm.
    A series of studies were also conducted to determine the types of 
residues and the level of S35 in milk and tissues of lactating goats 
and in eggs and tissues of chickens fed 20, 60 or 200 ppm DMS35O in the 
diet for 28 days. Summary results are: (1) the maximum amounts of 
DMS35O in milk, eggs, and goat and chicken tissues from the 20 ppm 
DMS35O feeding level were 0.06, 0.28, 0.20 and 0.44 ppm, respectively, 
and TRR was 0.64, 3.00, 3.86 and 2.13 ppm, respectively ; (2) most of 
the DMS35O activity fed to the test animals was eliminated or 
metabolized to DMS35O2 and higher molecular weight S35-bearing 
compounds; (3) total S35 and DMS35O activities in milk and eggs 
remained fairly constant within each feeding level for the 28-day 
feeding period (i.e., no accumulation of S35 activity with time); (4) 
there was no accumulation of total S35 activity in chicken and goat 
tissues at any feeding level; and (5) the largest amounts of total S35 
activity were found in goat liver and kidney and in chicken liver and 
muscle.

D. Toxicological Profile

    1. Acute toxicity. DMSO has low acute toxicity and is practically 
non-toxic (LD50 > 5 g/kg) by ingestion or dermal 
application. Rat oral LD50s are reported from 14.5 to 28.3 
g/kg, whereas LD50s for mice have been reported from 16.5 to 
24.6 g/kg. The acute dermal LD50 is 40 g/kg for the rat and 
50 g/kg for the mouse, while dermal LD50s > 11 g/kg are 
reported for both dogs (beagles) and primates (rhesus monkeys). The 
acute rat inhalation LC50 > 1.6 mg/l, the only dose level 
tested, and which is also the no-observed-effect-level (NOEL). Although 
DMSO can cause skin and eye irritation, it is not a skin sensitizer.
    2. Genotoxicity. DMSO is not mutagenic to Salmonella, Drosophila, 
and fish cell cultures. Because DMSO is not considered to be mutagenic, 
it is widely used as a solvent in mutagenicity testing. Although DMSO 
is bacteriostatic or bactericidal at concentrations of 5-50 percent, 
there is no evidence that DMSO causes chromosomal aberrations at levels 
that are not directly toxic to cells. In vivo cytogenetic studies with 
primates receiving orally or dermally administered DMSO showed no 
abnormalities in bone marrow smears. There are no documented adverse 
genetic effects reported as a result of medicinal DMSO uses (including 
quasi-medicinal uses for treatment of arthritis or sprains and 
strains). Additionally, no adverse genetic effects have been reported 
from occupational exposure to DMSO in over 40 years of industrial use.
    3. Reproductive and developmental toxicity. A mouse teratology NOEL 
of 12 g/kg/day has been established based on research with a 50 percent 
DMSO solution administered orally. Additional teratogenicity studies of 
orally administered DMSO to pregnant mice, rats, rabbits and guinea 
pigs have demonstrated that DMSO is not a teratogen in mammals except 
at high levels that cause overt maternal toxicity and are coincident 
with the maximum tolerated dose. The data suggest that DMSO is not 
teratogenic at low levels regardless of the route of administration. 
Finally, the teratogenic potential of DMSO is dependent on the route of 
administration, the dose level and gestation stage at exposure.

[[Page 34264]]

    4. Subchronic toxicity. A subchronic rat inhalation study 
established a NOEL at 200 mg/m3 (0.2 mg/l), the only 
concentration tested. Extensive monitoring of human patients have shown 
that DMSO does not affect human renal function. DMSO is a diuretic but 
no sign of kidney damage has been found in humans or laboratory animals 
after repeated DMSO treatment.
    5. Chronic toxicity. DMSO is not listed as a carcinogen by IARC, 
NTP, OSHA or ACGIH, based on reviews of numerous studies. In fact, a 
study supported by the US Public Health Services concluded that DMSO 
was not a carcinogen and is a safe carrying agent analogous to mineral 
oil. An 18-month study with rhesus monkeys established an oral NOEL of 
3 g/kg/day. No tumors were observed and bone marrow smears from the 
monkeys that received oral or topical doses of DMSO at up to 9 g/kg/day 
for 18 months showed no DMSO effects. A 78-week rat study revealed no 
increases in mortality or tumors and established an oral NOEL of 3.3 g/
kg/day based on hematology and ocular effects. If one considers the 
rhesus monkey to be the most appropriate model for extrapolation to 
humans, the oral monkey NOEL of 3 g/kg/day is comparable to an average 
human (70 kg) consuming approximately 210 g DMSO per day. Continuing 
research has demonstrated that the ocular effects reported from DMSO 
treatment of dogs, rabbits, guinea pigs and swine are species-specific 
and not reproducible in primates, including humans. In fact, 84 humans 
that have received daily topical treatment of 2.6 g DMSO/kg/day for up 
to 3 months showed no DMSO-related effects beyond occasional skin 
irritation and garlicky breath and body odor.
    6. Human and animal metabolism. DMSO is metabolized in humans by 
oxidation to DMSO2 or by reduction to DMS. DMSO and DMSO2 are excreted 
in the urine and feces. DMS is eliminated through the breath and skin 
with a characteristic garlicky or oyster-like odor. Human excretion of 
orally administered DMSO is complete within 120 hours, with up to 68 
percent as unchanged DMSO and 21-23 percent as DMSO2 excreted in the 
urine. The rate of renal clearance has been shown to be similar for 
chronic and singly administered doses regardless of dose concentration. 
No residual accumulation of DMSO has been reported in humans or lower 
animals who have received DMSO treatment for protracted periods of 
time, regardless of route of dose administration.
    7. Metabolite toxicity. The metabolites of DMSO are DMSO2, which is 
naturally-occurring at low levels in human urine, and DMS, which is 
naturally-occurring in plants, the atmosphere, and lakes and oceans. 
Both of these metabolites are readily excreted from the body. Based on 
their widespread natural occurrence and ready degradation and/or 
excretion, the production of these metabolites from the proposed use of 
DMSO on food producing plants is not expected to pose any toxicological 
concern.

E. Aggregate Exposure

    1. Dietary exposure. While potential dietary exposure is usually 
determined by multiplying the residue tolerance level for each exposed 
food or feed crop by its dietary consumption data then summing the 
residue contributions from all dietary sources, this method is not 
possible for DMSO for the following reasons: (1) because DMSO is 
naturally-occurring in many plants as well as in natural waters, the 
daily intake of endogenous DMSO is unknown; (2) residue data are only 
available for some of the raw agricultural commodities (RAC) that may 
potentially be exposed to DMSO from its proposed use in pesticides; and 
(3) it is unknown at this time which RACs will be exposed to DMSO used 
in pesticides applied to edible crop parts.
    However, one can broadly estimate dietary exposure based on certain 
assumptions and/or generalizations, the available residue data to 
estimate conservative residue levels in broad crop groupings, and 
dietary consumption information for categories of food commodities. For 
example, information on per capita consumption data provided by food 
and nutrition specialists allows the following estimate of daily food 
consumption: meat - 0.5 lbs, dairy - 1.0 lbs, fruit and vegetables - 
2.0 lbs and grains - 2.0 lbs, for a daily food consumption of 5.5 lbs 
or 2.5 kg food per day.
    2. Food. When DMSO is applied at up to 5.0 lbs/acre to the edible 
parts of food and feed crops, dietary exposure to DMSO can be estimated 
from naturally-occurring DMSO levels in various food and feedstuffs in 
combination with those from crops harvested 24 hours after DMSO 
application. Maximum theoretical DMSO residues were 0.5 to 4 ppm in or 
on fruits and vegetables, up to about 10 ppm in or on small grains, and 
up to about 40 ppm in or on forage grasses and legumes.
    Theoretical residues of DMSO in the human diet from meat and dairy 
products were determined from theoretical animal diets, the available 
crop residue data converted to dry weight basis and residue data from 
animal feeding studies. Based on these estimates of DMSO in bovine and 
poultry diets, bovine meat (liver) and milk would contribute 19.2 ppm 
and 8.0 ppm DMSO to the human diet, respectively, while poultry meat 
(liver) and eggs would contribute 2.1 ppm and 3.0 ppm DMSO to the diet.
    Using the available residue data for DMSO in the raw agricultural 
commodities (RACs) and animal products in concert with dietary 
consumption information, total daily dietary intake of DMSO in human 
diet would be 0.0207 g (20.7 mg) DMSO. DMSO levels (ppm) in the human 
diet from endogenous sources and the proposed uses of DMSO in pesticide 
formulations are estimated to be 8.66 ppm. For dietary risk 
calculations, a more conservative value of 10.0 ppm will be used for 
estimated DMSO levels in human diet.
    3. Drinking water. Based on the natural occurrence of DMSO in the 
environment, its chemical and biological characteristics and little-to-
no mobility in soil, the expanded agronomic usage of DMSO is not 
expected to significantly increase drinking water exposures to DMSO. 
DMSO is found in many natural waters but concentrations are dependent 
on DMSO producing algae and other natural variables. It is unknown if 
or at what levels DMSO would be found in municipal or private water 
systems. Any DMSO that may be oversprayed to the soil from applications 
to crops would be rapidly metabolized by a wide variety of 
microorganisms, thereby diminishing ground or surface water exposure to 
DMSO. Additionally, environmental studies have shown little-to-no 
mobility of DMSO in the soil. Finally, DMSO is already cleared as a 
pesticidal inert for use in products applied to crops. Therefore, the 
proposal to expand the application timing of DMSO from early in the 
cropping season to include the entire cropping season would not be 
expected to significantly increase exposure of drinking water sources 
to DMSO.
    4. Non-dietary exposure. The only anticipated human exposure to 
DMSO from non-dietary sources would be through occupational exposure, 
medicinal or quasi-medicinal uses of DMSO. DMSO applied to plants is 
rapidly absorbed and metabolized. When oversprayed to soils during 
agronomic use, DMSO is metabolized by a wide variety of soil 
microorganisms. DMSO is legally and readily available in health stores 
in many states and is reportedly used as a unregistered topical 
treatment for arthritis, muscle strains and sprains and bursitis. 
However, while these uses are not FDA-approved,

[[Page 34265]]

they have been practiced for 30 to 40 years with no documented ill 
effects beyond skin irritation to humans. Dermal exposure to very low 
levels of naturally-occurring DMSO may also occur from swimming in 
lakes or in the ocean.

F. Cumulative Effects

    There is no reliable information to indicate that DMSO has a common 
mechanism of toxicity with any other chemical compound. Therefore, for 
cumulative exposure considerations, Gaylord believes it is appropriate 
to consider only the potential risks of DMSO.
    Metabolism studies in humans and animals have shown that DMSO is 
not bioaccumulative. Since DMSO is naturally-occurring in many if not 
most fruits, vegetables and grains, is readily metabolized and 
eliminated, and has low toxicity, there would not be any anticipated 
increased human risk or adverse effects from DMSO applied to edible 
parts of plants. Plant-eating animals, including humans, ingest 
endogenous DMSO on a daily basis throughout their life as part of the 
normal diet. Ingestion of low-level DMSO residues resulting from 
agronomic use of DMSO will not increase the body burden of this 
efficiently metabolized and excreted compound.

G. Endocrine Effects

    In light of the ubiquitous natural occurrence of this compound and 
the absence of any reported endocrine effects from any of the toxicity 
studies (even at very high dose levels), DMSO is not considered to be 
an endocrine disruptor. DMSO is found naturally in the environment, in 
natural waters and in most foods and feeds. Studies have shown that 
DMSO applied to plants is metabolized and incorporated into amino acids 
and other sulfur-containing plant components. Animal and human 
metabolism studies have shown that DMSO is predominantly eliminated 
``as is'' or metabolized to DMSO2 and DMS prior to elimination. Several 
studies in which different species (i.e. rat, mouse, rabbit, hamster) 
were administered DMSO at high levels (up to lethal levels) have shown 
no effect on the time-to-mating or on mating and fertility indices. 
Radiolabeled DMS35O fed to chickens (laying hens) for 28 days had no 
effect on the ability of the hens to produce eggs. This wealth of data 
suggests that there are no effects on the estrous cycle, on mating 
behavior, or on male or female fertility. Chronic and subchronic 
studies in rhesus monkeys, mice, rats and dogs have not demonstrated 
any evidence of toxicity to the male or female reproductive tracts.

H. Safety Determination

    1. US population. Based on the human NOEL of 2.6 g/kg/day and very 
conservative assumptions about DMSO residue levels in food/feed from 
natural occurrence and from the proposed expanded agronomic usage of 
DMSO, it would be impossible for humans to ingest toxicologically 
consequential levels of DMSO. DMSO is naturally present in most edible 
plants and animal products (i.e. milk, eggs, etc.). The proposed use of 
DMSO on edible parts of food crops would not add appreciably to 
naturally-occurring DMSO levels except for forage crops. Even when 
residues in or on forage crops and maximum anticipated residues from 
animal tissues/products are considered, total theoretical maximum 
levels of DMSO in the diet are still considerably below levels that 
would be of toxicological concern.
    There is ample information to determine a reference dose (RfD) of 
0.03 g DMSO/kg body weight/day based on data from chronic oral studies 
with rhesus monkeys. NOELs established by chronic oral studies vary 
from 3.0 g/kg/day for a monkey oral study to 12 g/kg/day for a mouse 
teratology study. Since dogs are the most sensitive specie tested using 
the oral route of exposure, based on lenticular effects, it would seem 
appropriate to use a dog study to establish the RfD for conducting a 
dietary exposure assessment. However, since rhesus monkeys are 
physiologically more closely related to humans than dogs, and the 
lenticular effect observed in dogs has never been documented in 
primates or humans in over 30 years of testing, the primate oral NOEL 
of 3 g/kg/day would be more relevant for use in human dietary risk 
assessments. Since the NOEL was established in a non-human it is 
appropriate to use an uncertainty factor (UF) of 100X (using current 
EPA criteria of 10X for intra-species variability and 10X for inter-
species variability, 10 x 10 = 100). The data from the multigeneration 
studies indicate that there is no increased risk to neonates or young 
when DMSO is administered orally; therefore, an extra safety factor for 
the protection of infants and children is not warranted. This would 
result in a UF of 100X and a RfD of 0.03 g/kg/day or 30 mg/kg/day DMSO. 
For an average adult (70 kg) this is equivalent to 2.1 g DMSO/day, 
which is lower than therapeutic levels (i.e., 2.6 g/kg/day) that have 
shown no adverse effects in humans.
    Since the RfD of 0.26 g/kg/day calculated from human data is based 
on a 3-month exposure period, the more conservative RfD of 0.03 g/kg/
day calculated from monkey data, based on a 18-month exposure period, 
will be used in conducting the DMSO lifetime risk assessment. Using the 
compounded and extremely conservative exposure assumptions described 
above and the very conservative RfD of 0.03 g DMSO/kg/day, the 
aggregate human exposure to DMSO from its proposed agronomic use will 
utilize only 0.99 percent [(0.0207 g DMSO/day in diet) ( (0.03 g/kg/day 
x 70 kg body wt) = 0.0207g DMSO/day anticipated ( 2.1 g/day DMSO 
allowed = 0.00985] of the RfD for the US population (based on estimated 
average consumption of 2.5 kg food/day for an average 70 kg adult). EPA 
generally has little concern for exposures below 100 percent of the RfD 
because the RfD represents the level at or below which daily aggregate 
dietary exposure over a lifetime will not pose appreciable health risks 
to humans. Thus, based on the natural occurrence of DMSO in the human 
diet, DMSO's low toxicity, the ability of humans to readily metabolize 
DMSO, and very low aggregate dietary exposure, Gaylord concludes with 
reasonable certainty that no harm will result from aggregate human 
exposure to residues from the proposed use of DMSO in pesticide 
products applied to the edible parts of food and feed crops.
    2. Infants and children. The proposed use of DMSO in pesticide 
products applied to the edible parts of plants will pose no additional 
risk of adverse effects to infants or children. Human infants and 
children are exposed to endogenous levels of DMSO and readily 
metabolize and excrete this compound. Even so, when assessing the 
potential for additional sensitivity of infants and children to DMSO 
and its residues, it is appropriate to consider the results of the 
developmental and reproductive studies, chronic studies and human 
health studies. The available data provide a clear picture of possible 
toxic effects and indicate that there is no increased risk to neonates 
or young when DMSO is ingested. Therefore, Gaylord concludes that an 
additional safety factor for the protection of infants and children is 
not needed and that the RfD of 0.03 g/kg/day is appropriate for 
assessing DMSO risks to infants and children.
    Using the conservative exposure assumptions previously described, 
the percent RfD utilized by the aggregate human exposure to residues of 
DMSO from natural occurrence and from the proposed use would be 1.2 
percent

[[Page 34266]]

[(0.0207 g DMSO/day in diet) x (0.25 percent of adult intake) ( (0.03 
g/kg/day x 14 kg body wt) = 0.0052 g DMSO/day anticipated ( 0.42 g/day 
DMSO allowed = 0.0123] for children 1 to 6 years old, based on 
estimated average consumption of 0.625 kg food/day (1/4 of adult 
consumption) and average body weight of 14 kg. Therefore, based on this 
conservative exposure assessment, Gaylord concludes with reasonable 
certainty that no harm will result to infants and children from 
aggregate human exposure to residues from the proposed use of DMSO in 
pesticide products applied to the edible parts of food and feed crops.

I. Existing Tolerances

    DMSO is a pesticidally inert ingredient that currently is exempted 
[40 CFR (180.1001(d)] from the requirement of a tolerance for residues 
when used as a solvent or cosolvent in pesticide formulations applied 
before the crop emergence from the soil or prior to formation of edible 
parts of food plants. There are no other limits for DMSO expressed in 
40 CFR (180.1001(d).

J. International Tolerances

    There are no Codex maximum residue levels established for residues 
of DMSO on food or feed crops.

2. Gustafson Incorporation

PP 5F4584

    EPA has received a pesticide petition (PP 5F4584) pursuant to 
section 408(d) of the Federal Food, Drug and Cosmetic Act, as amended, 
21 U.S.C. 346a(d), by the Food Quality Protection Act of 1996 (Pub. L. 
104-170, 110 Stat. 1489) from Gustafson, Inc., 1400 Preston Road, Suite 
400, Plano, Texas 75093 requesting that the time limited tolerances for 
wheat, barley and sugar beet RACs be made permanent for residues of the 
insecticide, imidacloprid: 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine and its metabolites containing the 6-chloro-pyridinyl 
moiety. In September 1995, the EPA revised Table II of the Pesticide 
Assessment Guidelines, Subdivision O, Residue Chemistry. At that time, 
forage was removed as a raw agricultural commodity of barley. It is 
proposed that tolerances of 0.20 ppm for wheat, hay, and 0.20 ppm for 
barley, hay, be added. It is proposed that the tolerance for barley, 
straw, be increased from 0.20 ppm to 0.30 ppm. It is proposed that the 
tolerance for beets, sugar (tops) be increased from 0.20 ppm to 0.30 
ppm. The original time-limited tolerances were published in the 
December 13, 1995 and in the August 30, 1995 Federal Registers. 
Imidacloprid is a broad-spectrum insecticide with excellent systemic 
and contact toxicity characteristics which is used primarily for 
sucking insects. The nature of the imidacloprid residue in plants and 
livestock is adequately understood. The analytical method for 
determining residues is a common moiety method for imidacloprid and its 
metabolites containing the 6-chloro-pyridinyl moiety using oxidation, 
derivatization, and analysis by capillary gas chromatography with a 
mass-selective detector. Pursuant to section 408(d)(2)(A)(i) of the 
FFDCA, as amended, Gustafson has submitted the following summary of 
information, data and arguments in support of its pesticide petition. 
The summary was proposed by Gustafson, and EPA has not yet fully 
evaluated the merits of the petition. The conclusions and arguments 
presented are those of the petitioner and not of the EPA although the 
EPA has edited the summary for clarification as necessary.

A. Plant Metabolism and Analytical Method

    The metabolism of imidacloprid in plants is adequately understood 
for the purposes of these tolerances. The residues of concern are 
combined residues of imidacloprid and its metabolites containing the 6-
chloro-pyridinyl moiety, all calculated as imidacloprid. The analytical 
method is a common moiety method for imidacloprid and its metabolites 
containing the 6-chloro-pyridinyl moiety using a permanganate 
oxidation, silyl derivatization, and capillary GC-MS selective ion 
monitoring. This method has successfully passed a petition method 
validation in EPA labs. There is a confirmatory method specifically for 
imidacloprid and several metabolites utilizing GC/MS and HPLC-UV which 
has been validated by the EPA as well. Imidacloprid and its metabolites 
are stable for at least 24 months in the commodities when frozen.

B. Magnitude of the Residue

    1. Wheat. When the conditional registrations and the time-limited 
tolerances were issued for wheat grain, wheat forage and wheat straw, 
the EPA requested additional residue field trials and residue testing 
to support a tolerance for wheat hay. Wheat seed was treated with 
imidacloprid, formulated as Gaucho 480 FS at a rate of 2.0 oz. a.i./cwt 
seed. Field trials were conducted at seven locations: Colorado, 
Nebraska (two locations), North Dakota, Oklahoma, Texas and Wyoming. 
The wheat seed was planted and the RACs were harvested at the 
appropriate growth stages. Maximum residues in wheat grain, wheat 
forage and wheat straw were less than the time-limited tolerances. The 
maximum residue level in wheat hay was 0.187 ppm. A tolerance of 0.20 
ppm for wheat hay is proposed.
    2. Barley. When the conditional registrations and the time-limited 
tolerances were issued for barley grain, barley forage and barley 
straw, the EPA requested additional residue field trials and residue 
testing to support a tolerance for barley hay. Barley seed was treated 
with imidacloprid, formulated as Gaucho 480 FS at a rate of 2.0 oz. 
a.i./cwt seed. Field trials were conducted at five locations: Colorado, 
Nebraska, North Dakota, Pennsylvania and Wyoming. The barley seed was 
planted and the RACs were harvested at the appropriate growth stages. 
The maximum residue in barley grain was less than the time-limited 
tolerance. The maximum residue level in barley straw was 0.221 ppm, 
which was above the time- limited tolerance of 0.20 ppm. A revised 
tolerance of 0.30 ppm for barley straw is proposed. The maximum residue 
level in barley hay was 0.181 ppm. A tolerance of 0.20 ppm for barley 
hay is proposed.
    3. Sugar Beets. When the conditional registrations and the time-
limited tolerances were issued for beets, sugar (tops); beets, sugar 
(roots); and beets, sugar, molasses; the EPA requested additional 
residue field trials. Sugar beet seed was treated with imidacloprid, 
formulated as Gaucho 75 ST at a rate of 90 g ai/kg raw seed. Field 
trials were conducted at four locations: California, Colorado, Idaho 
and Nebraska. The sugar beet seed was planted and the RACs were 
harvested at the appropriate growth stages. The maximum residue in the 
sugar beet roots was less than the time-limited tolerances. The maximum 
residue level in the sugar beet tops was 0.255 ppm, which was above the 
time-limited tolerance of 0.10 ppm. A revised tolerance of 0.30 ppm for 
sugar beet tops is proposed.

C. Toxicological Profile of Imidacloprid

    1. Acute toxicity. The acute oral LD50 values for 
imidacloprid technical ranged from 424 - 475 mg/kg bwt in the rat. The 
acute dermal LD50 was greater than 5,000 mg/kg in rats. The 
4-hour inhalation LC50 was less than 69 mg/m3 air 
(aerosol). Imidacloprid was not irritating to rabbit skin or eyes. 
Imidacloprid did not cause skin sensitization in guinea pigs.

[[Page 34267]]

    2. Genotoxicity. Extensive mutagenicity studies conducted to 
investigate point and gene mutations, DNA damage and chromosomal 
aberration, both using in vitro and in vivo test systems show 
imidacloprid to be non-genotoxic.
    3. Reproductive and developmental toxicity. A 2-generation rat 
reproduction study gave a no-observed-effect level (NOEL) of 100 ppm (8 
mg/kg/bwt). Rat and rabbit developmental toxicity studies were negative 
at doses up to 30 mg/kg/bwt and 24 mg/kg/bwt, respectively.
    4. Subchronic toxicity. 90-day feeding studies were conducted in 
rats and dogs. The NOELs for these tests were 14 mg/kg/bwt/day (150 
ppm) and 5 mg/kg/bwt/day (200 ppm), for the rat and dog studies, 
respectively.
    5. Chronic toxicity/oncogenicity. A 2-year rat feeding/ 
carcinogenicity study was negative for carcinogenic effects under the 
conditions of the study and had a NOEL of 100 ppm (5.7 mg/kg/bwt in 
males and 7.6 mg/kg/bwt in females for noncarcinogenic effects that 
included decreased body weight gain in females at 300 ppm and increased 
thyroid lesions in males at 300 ppm and females at 900 ppm. A 1-year 
dog feeding study indicated a NOEL of 1,250 ppm (41 mg/kg/bwt). A 2-
year mouse carcinogenicity study was negative for carcinogenic effects 
under conditions of the study and had a NOEL of 1,000 ppm (208 mg/kg/
day).
    Imidacloprid has been classified under ``Group E'' (no evidence of 
carcinogenicity) by EPA's OPP/HED's Reference Dose (RfD) Committee. 
There is no cancer risk associated with exposure to this chemical. The 
reference dose (RfD) based on the 2-year rat feeding/carcinogenic study 
with a NOEL of 5.7 mg/kg/bwt and hundredfold uncertainty factor, is 
calculated to be 0.057 mg/kg/bwt. The theoretical maximum residue 
contribution (TMRC) from published uses is 0.008358 mg/kg/bwt/day 
utilizing 14.7 percent of the RfD.
    6. Endocrine effects. The toxicology database for imidacloprid is 
current and complete. Studies in this database include evaluation of 
the potential effects on reproduction and development, and an 
evaluation of the pathology of the endocrine organs following short or 
long term exposure. These studies revealed no primary endocrine effects 
due to imidacloprid.
    7. Mode of action. Imidacloprid exhibits a mode of action different 
from traditional organophosphate, carbamate, or pyrethroid 
insecticides. Imidacloprid acts by binding to the nicotinergic receptor 
sites at the postsynaptic membrane of the insect nerve. Due to this 
novel mode of action, imidacloprid has not shown any cross resistance 
to registered alternative insecticides and is a valuable tool for use 
in IPM or resistance management programs.

D. Aggregate Exposure

    Imidacloprid is a broad-spectrum insecticide with excellent 
systemic and contact toxicity characteristics with both food and non-
food uses. Imidacloprid is currently registered for use on various food 
crops including seed treatments, tobacco, turf, ornamentals, buildings 
for termite control, and cats and dogs for flea control. Those 
potential exposures are addressed below:
    1. Dietary. The EPA has determined that the reference dose (RfD) 
based on the 2-year rat feeding/carcinogenicity study with a NOEL of 
5.7 mg/kg/bwt and hundredfold uncertainty factor, is calculated to be 
0.057 mg/kg/bwt. As published in the Federal Register June 12, 1996 (61 
FR 29674) (petition to establish tolerances on leafy green vegetables 
(PP 5F4522/R2237)), the theoretical maximum residue contribution (TMRC) 
from published uses is 0.008358 mg/kg/bwt utilizing 14.7 percent of the 
RfD for the general population. For the most highly exposed subgroup in 
the population, non-nursing infants (less than 1 year old), the TMRC 
for the published tolerances is 0.01547 mg/kg/day. This is equal to 
27.1 percent of the RfD.
    The TMRC for wheat is calculated to be 0.000066 mg/kg/bwt/day for 
the general population, which represents 0.1 percent of the RfD. The 
TMRC for the most highly exposed subgroup in the population, children 1 
to 6 years of age, is 0.000149 mg/kg/bwt/day, which represents 0.3 
percent of the RfD. The TMRC for nursing infants is 0.000009 mg/kg/bwt/
day, which represents 0.0 percent of the RfD, and for non-nursing 
infants is 0.000033 mg/kg/bwt/day, which represents 0.1 percent of the 
RfD. Therefore, dietary exposure from wheat will not exceed the 
reference dose for any subpopulation (including infants and children).
    The TMRC for barley is calculated to be 0.000004 mg/kg/bwt/day for 
the general population, which represents 0.0 percent of the RfD. The 
TMRC for the most highly exposed subgroup in the population, non-
nursing infants, is 0.000009 mg/kg/bwt/day, which represents 0.0 
percent of the RfD. The TMRC for nursing infants is 0.000000 mg/kg/bwt/
day, which represents 0.0 percent of the RfD. The TMRC for children 1 
to 6 years of age is 0.000001 mg/kg/bwt/day, which represents 0.0 
percent of the RfD. Therefore, dietary exposure from barley will not 
exceed the reference dose for any subpopulation (including infants and 
children).
    The TMRC for sugar beets is calculated to be 0.000012 mg/kg/bwt/day 
for the general population, which represents 0.0 percent of the RfD. 
The TMRC for the most highly exposed subgroup in the population, 
children 1 to 6 years of age, is 0.000027 mg/kg/bwt/day, which 
represents 0.0 percent of the RfD. The TMRC for non-nursing infants is 
0.000017 mg/kg/bwt/day, which represents 0.0 percent of the RfD. The 
TMRC for nursing infants is 0.000005 mg/kg/bwt/day, which represents 
0.0 percent of the RfD. Therefore, dietary exposure from sugar beets 
will not exceed the reference dose for any subpopulation (including 
infants and children).
    The additive TMRC from exposure to wheat, barley and sugar beets 
for the general population, is 0.000082 mg/kg/bwt/day, which represents 
0.1 percent of the RfD. The additive TMRC from exposure to wheat, 
barley and sugar beets to children, 1 to 6 years of age, is 0.000177 
mg/kg/bwt/day, which represents 0.3 percent of the RfD. For non-nursing 
infants, the additive TMRC is 0.000029 mg/kg/bwt/day, which is 0.1 
percent of the RfD. For nursing infants, the additive TMRC is 0.000014 
mg/kg/bwt/day, which is 0.0 percent of the RfD.
    2. Water. Although the various imidacloprid labels contain a 
statement that this chemical demonstrates the properties associated 
with chemicals detected in groundwater, the Registrant is not aware of 
imidacloprid being detected in any wells, ponds, lakes, streams, etc. 
from its use in the United States. Imidacloprid is hydrolytically 
stable at pH 5 and 7 with photolytic degradation in water having a 
half-life of 4.2 hours. Under aerobic soil conditions in laboratory 
studies, imidacloprid has a half-life of 188 to >366 days. Under 
laboratory anaerobic aquatic conditions, the half-life was 27 days. 
Adsorption/desorption studies indicate that aged imidacloprid residues 
do not leach into the soil. Imidacloprid dissipates under actual field 
conditions with a half-life of 7 to 196 days. Imidacloprid remained in 
the top six inches of the soil in U.S. tests for the duration of nine 
of ten field dissipation studies. The presence of growing vegetation 
significantly increased the rate of degradation of imidacloprid. In 
studies conducted in 1995, imidacloprid was not detected in seventeen 
wells on potato farms in Quebec, Canada. In addition, groundwater 
monitoring

[[Page 34268]]

studies are currently underway in California and Michigan. Therefore, 
contributions to the dietary burden from residues of imidacloprid in 
water would be inconsequential.
    3. Non-occupational-- i. Residential turf. Bayer Corporation has 
conducted an exposure study to address the potential exposures of 
adults and children from contact with imidacloprid treated turf. The 
population considered to have the greatest potential exposure from 
contact with pesticide treated turf soon after pesticides are applied 
are young children.
    Margins of safety (MOS) of 7,587 - 41,546 for 10 year old children 
and 6,859 - 45,249 for 5 year old children were estimated by comparing 
dermal exposure doses to the imidacloprid no-observable effect level of 
1,000 mg/kg/day established in a 15-day dermal toxicity study in 
rabbits. The estimated safe residue levels of imidacloprid on treated 
turf for 10 year old children ranged from 5.6 - 38.2 g/cm2 
and for 5 year old children from 5.1 - 33.3 g/cm2. This 
compares with the average imidacloprid transferable residue level of 
0.080 g/cm2 present immediately after the sprays have dried. 
These data indicate that children can safely contact imidacloprid-
treated turf as soon after application as the spray has dried.
    ii. Termiticide. Imidacloprid is registered as a termiticide. Due 
to the nature of the treatment for termites, exposure would be limited 
to that from inhalation and was evaluated by EPA's Occupational and 
Residential Exposure Branch (OREB) and Bayer Corporation. Data indicate 
that the Margins of Safety for the worst case exposures for adults and 
infants occupying a treated building who are exposed continuously (24 
hours/day) are 8.0 x 107 and 2.4 x 108, 
respectively, and exposure can thus be considered negligible.
    iii. Tobacco smoke. Studies have been conducted to determine 
residues in tobacco and the resulting smoke following treatment. 
Residues of imidacloprid in cured tobacco following treatment were a 
maximum of 31 ppm (7 ppm in fresh leaves). When this tobacco was burned 
in a pyrolysis study only 2 percent of the initial residue was 
recovered in the resulting smoke (main stream plus side stream). This 
would result in an inhalation exposure to imidacloprid from smoking of 
approximately 0.0005 mg per cigarette. Using the measured subacute rat 
inhalation NOEL of 5.5 mg/m3, it is apparent that exposure 
to imidacloprid from smoking (direct and/or indirect exposure) would 
not be significant.
    iv. Pet treatment. Human exposure from the use of imidacloprid to 
treat dogs and cats for fleas has been addressed by EPA's Occupational 
and Residential Exposure Branch (OREB) who have concluded that due to 
the fact that imidacloprid is not an inhalation or dermal toxicant and 
that while dermal absorption data are not available, imidacloprid is 
not considered to present a hazard via the dermal route.
    4. Cumulative Effects. No other chemicals having the same mechanism 
of toxicity are currently registered, therefore, there is no risk from 
cumulative effects from other substances with a common mechanism of 
toxicity.

E. Safety Determinations

    1. U.S. Population in general. Using the conservative exposure 
assumptions described above and based on the completeness and 
reliability of the toxicity data, it can be concluded that total 
aggregate exposure to imidacloprid from all current uses including 
those currently proposed will utilize little more than 15 percent of 
the RfD for the U.S. population. EPA generally has no concerns for 
exposures below 100 percent of the RfD, because the RfD represents the 
level at or below which daily aggregate exposure over a lifetime will 
not pose appreciable risks to human health. The TMRC from exposure to 
wheat, barley and sugar beets for the general population, is 0.000082 
mg/kg/bwt/day, which represents 0.1 percent of the RfD. Thus, it can be 
concluded that there is a reasonable certainty that no harm will result 
from aggregate exposure to imidacloprid residues.
    2. Infants and children. In assessing the potential for additional 
sensitivity of infants and children to residues of imidacloprid, the 
data from developmental studies in both rat and rabbit and a 2-
generation reproduction study in the rat have been considered. The 
developmental toxicity studies evaluate potential adverse effects on 
the developing animal resulting from pesticide exposure of the mother 
during prenatal development. The reproduction study evaluates effects 
from exposure to the pesticide on the reproductive capability of mating 
animals through 2 generations, as well as any observed systemic 
toxicity.
    FFDCA Section 408 provides that the EPA may apply an additional 
safety factor for infants and children in the case of threshold effects 
to account for pre- and post-natal effects and the completeness of the 
toxicity database. Based on current toxicological data requirements, 
the toxicology database for imidacloprid relative to pre- and post-
natal effects is complete. Further for imidacloprid, the NOEL of 5.7 
mg/kg/bwt from the 2-year rat feeding/ carcinogenic study, which was 
used to calculate the RfD (discussed above), is already lower than the 
NOELs from the developmental studies in rats and rabbits by a factor of 
4.2 to 17.5 times. Since a hundredfold uncertainty factor is already 
used to calculate the RfD, it is surmised that an additional 
uncertainty factor is not warranted and that the RfD at 0.057 mg/kg/
bwt/day is appropriate for assessing aggregate risk to infants and 
children.
    Using the conservative exposure assumptions described above, EPA 
has concluded that the TMRC from use of imidacloprid from published 
uses is 0.008358 mg/kg/bwt/day utilizing 14.7 percent of the RfD for 
the general population. For the most highly exposed subgroup in the 
population, non- nursing infants (less than 1 year old), the TMRC for 
the published tolerances is 0.01547 mg/kg/day. This is equal to 27.1 
percent of the RfD. The additive TMRC from exposure to wheat, barley 
and sugar beets to children, 1 to 6 years of age, is 0.000177 mg/kg/
bwt/day, which represents 0.3 percent of the RfD. For non-nursing 
infants, the additive TMRC is 0.000029 mg/kg/bwt/day, which is 0.1 
percent of the RfD. For nursing infants, the additive TMRC is 0.000014 
mg/kg/bwt/day, which is 0.0 percent of the RfD. Thus, it can be 
concluded that there is a reasonable certainty that no harm will result 
from additional exposure of infants and children.

F. Other Considerations

    The nature of the imidacloprid residue in plants and livestock is 
adequately understood. The residues of concern are combined residues of 
imidacloprid and its metabolites containing the 6-chloropyridinyl 
moiety, all calculated as imidacloprid. The analytical method is a 
common moiety method for imidacloprid and its metabolites containing 
the 6-chloropyridinyl moiety using a permanganate oxidation, silyl 
derivatization, and capillary GC-MS selective ion monitoring. There is 
an additional confirmatory method available. Imidacloprid and its 
metabolites have been shown to be stable for at least 24 months in 
frozen storage.

G. International Tolerances

    No CODEX Maximum Residue Levels (MRLs) have been established for 
residues of imidacloprid on any crops at this time.

[[Page 34269]]

3. Gustafson Incorporation

PP 6F4682

    EPA has received a pesticide petition (PP 6F4682) pursuant to 
section 408(d) of the Federal Food, Drug and Cosmetic Act, as amended, 
21 U.S.C. 346a(d), by the Food Quality Protection Act of 1996 (Pub. L. 
104-170, 110 Stat. 1489) from Gustafson, Inc., 1400 Preston Road, Suite 
400, Plano, Texas 75093 requesting that tolerances be established for 
residues of the insecticide, imidacloprid: 1-[(6-chloro-3-
pyridinyl)methyl]-N-nitro-2-imidazolidinimine and its metabolites 
containing the 6-chloro-pyridinyl moiety. It is proposed that 
tolerances of 0.05 parts per million (ppm) for field corn, grain, 0.02 
ppm for field corn, fodder and 0.10 ppm for field corn, forage be 
established. The nature of the imidacloprid residue in plants and 
livestock is adequately understood. The analytical method for 
determining residues is a common moiety method for imidacloprid and its 
metabolites containing the 6-chloro-pyridinyl moiety using oxidation, 
derivatization, and analysis by capillary gas chromatography with a 
mass-selective detector.
    Imidacloprid is a broad spectrum insecticide with excellent 
systemic and contact toxicity characteristics which is used primarily 
for sucking insects. Pursuant to section 408(d)(2)(A)(i) of the FFDCA, 
as amended, Gustafson has submitted the following summary of 
information, data and arguments in support of its pesticide petition. 
The summary was proposed by Gustafson, and EPA has not yet fully 
evaluated the merits of the petition. The conclusions and arguments 
presented are those of the petitioner and not of the EPA although the 
EPA has edited the summary for clarification as necessary.

A. Plant Metabolism and Analytical Method

    The metabolism of imidacloprid in plants is adequately understood 
for the purposes of these tolerances. The residues of concern are 
combined residues of imidacloprid and its metabolites containing the 6-
chloro-pyridinyl moiety, all calculated as imidacloprid. The analytical 
method is a common moiety method for imidacloprid and its metabolites 
containing the 6-chloro-pyridinyl moiety using a permanganate 
oxidation, silyl derivatization, and capillary GC-MS selective ion 
monitoring. This method has successfully passed a petition method 
validation in EPA labs. There is a confirmatory method specifically for 
imidacloprid and several metabolites utilizing GC/MS and HPLC-UV which 
has been validated by the EPA as well. Imidacloprid and its metabolites 
are stable for at least 24 months in the commodities when frozen.

B. Magnitude of the Residue

    Corn seed was treated with imidacloprid, formulated as Gaucho 480 
FS at a rate of 8.0 oz.ai/cwt seed. Field trials were conducted at 
twenty locations, one in Region 1, one in Region 2, seventeen in Region 
5, and one in Region 6. The corn seed was planted and the RACs were 
harvested at the appropriate growth stages. The highest average residue 
level found in field corn forage was 0.064 ppm. The highest average 
residue level found in the field corn grain was less than the Limit of 
Quantitation, which was 0.05 ppm. The highest average residue level 
found in the field corn fodder was 0.150 ppm. The proposed tolerance 
for field corn forage is 0.10 ppm. The proposed tolerance for the field 
corn fodder is 0.20 ppm. The proposed tolerance for the field corn 
grain is 0.05 ppm.
    Since there were no quantifiable residues in the field corn grain 
RAC samples analyzed in the processing study or in the RAC study, 
neither a section 409 food/feed additive tolerance or a section 701 
maximum residue level is required for the processed commodities.

C. Toxicological Profile of Imidacloprid

    1. Acute toxicity. The acute oral LD50 values for 
imidacloprid technical ranged from 424 - 475 mg/kg bwt in the rat. The 
acute dermal LD50 was greater than 5,000 mg/kg in rats. The 
4 hour inhalation LC50 was less than 69 mg/m3 air 
(aerosol). Imidacloprid was not irritating to rabbit skin or eyes. 
Imidacloprid did not cause skin sensitization in guinea pigs.
    2. Genotoxicity. Extensive mutagenicity studies conducted to 
investigate point and gene mutations, DNA damage and chromosomal 
aberration, both using in vitro and in vivo test systems show 
imidacloprid to be non-genotoxic.
    3. Reproductive and developmental toxicity. A 2-generation rat 
reproduction study gave a no-observed-effect level (NOEL) of 100 ppm (8 
mg/kg/bwt). Rat and rabbit developmental toxicity studies were negative 
at doses up to 30 mg/kg/bwt and 24 mg/kg/bwt, respectively.
    4. Subchronic toxicity. 90-day feeding studies were conducted in 
rats and dogs. The NOELs for these tests were 14 mg/kg/bwt/day (150 
ppm) and 5 mg/kg/bwt/day (200 ppm), for the rat and dog studies, 
respectively.
    5. Chronic toxicity/oncogenicity. A 2-year rat feeding/ 
carcinogenicity study was negative for carcinogenic effects under the 
conditions of the study and had a NOEL of 100 ppm (5.7 mg/kg/bwt in 
males and 7.6 mg/kg/bwt in females for noncarcinogenic effects that 
included decreased body weight gain in females at 300 ppm and increased 
thyroid lesions in males at 300 ppm and females at 900 ppm. A 1-year 
dog feeding study indicated a NOEL of 1,250 ppm (41 mg/kg/bwt). A 2-
year mouse carcinogenicity study was negative for carcinogenic effects 
under conditions of the study and had a NOEL of 1,000 ppm (208 mg/kg/
day).
    Imidacloprid has been classified under ``Group E'' (no evidence of 
carcinogenicity) by EPA's OPP/HED's Reference Dose (RfD) Committee. 
There is no cancer risk associated with exposure to this chemical. The 
reference dose (RfD) based on the 2-year rat feeding/carcinogenic study 
with a NOEL of 5.7 mg/kg/bwt and hundredfold uncertainty factor, is 
calculated to be 0.057 mg/kg/bwt. The theoretical maximum residue 
contribution (TMRC) from published uses is 0.008358 mg/kg/bwt/day 
utilizing 14.7 percent of the RfD.
    6. Endocrine effects. The toxicology database for imidacloprid is 
current and complete. Studies in this database include evaluation of 
the potential effects on reproduction and development, and an 
evaluation of the pathology of the endocrine organs following short or 
long term exposure. These studies revealed no primary endocrine effects 
due to imidacloprid.
    7. Mode of action. Imidacloprid exhibits a mode of action different 
from traditional organophosphate, carbamate, or pyrethroid 
insecticides. Imidacloprid acts by binding to the nicotinergic receptor 
sites at the postsynaptic membrane of the insect nerve. Due to this 
novel mode of action, imidacloprid has not shown any cross resistance 
to registered alternative insecticides and is a valuable tool for use 
in IPM or resistance management programs.

D. Aggregate Exposure

    Imidacloprid is a broad-spectrum insecticide with excellent 
systemic and contact toxicity characteristics with both food and non-
food uses. Imidacloprid is currently registered for use on various food 
crops including seed treatments, tobacco, turf, ornamentals, buildings 
for termite control, and cats and dogs for flea control. Those 
potential exposures are addressed below:

[[Page 34270]]

    1. Dietary. The EPA has determined that the reference dose (RfD) 
based on the 2-year rat feeding/carcinogenicity study with a NOEL of 
5.7 mg/kg/bwt and hundredfold uncertainty factor, is calculated to be 
0.057 mg/kg/bwt. As published in the Federal Register June 12, 1996 (61 
FR 29674) (petition to establish tolerances on leafy green vegetables 
(PP 5F4522/R2237), the theoretical maximum residue contribution (TMRC) 
from published uses is 0.008358 mg/kg/bwt utilizing 14.7 percent of the 
RfD for the general population. For the most highly exposed subgroup in 
the population, non-nursing infants (less than 1 year old), the TMRC 
for the published tolerances is 0.01547 mg/kg/day. This is equal to 
27.1 percent of the RfD.
    The TMRC for corn is calculated to be 0.000055 mg/kg/bwt/day for 
the general population, which represents 0.1 percent of the RfD. The 
TMRC for the most highly exposed subgroup in the population, non-
nursing infants is 0.000131 mg/kg/bwt/day, which represents 0.2 percent 
of the RfD. The TMRC for children ages 1 to 6 years is 0.000130 mg/kg/
bwt/day, which represents 0.2 percent of the RfD, and for nursing 
infants is 0.000032 mg/kg/bwt/day, which represents 0.1 percent of the 
RfD. For children 7 to 12 years of age, the TMRC is 0.000098 mg/kg/bwt/
day, which represents 0.2 percent of the RfD. Therefore, dietary 
exposure from field corn will not exceed the reference dose for any 
subpopulation (including infants and children).
    2. Water. Although the various imidacloprid labels contain a 
statement that this chemical demonstrates the properties associated 
with chemicals detected in groundwater, the Registrant is not aware of 
imidacloprid being detected in any wells, ponds, lakes, streams, etc. 
from its use in the United States. Imidacloprid is hydrolytically 
stable at pH 5 and 7 with photolytic degradation in water having a 
half-life of 4.2 hours. Under aerobic soil conditions in laboratory 
studies, imidacloprid has a half-life of 188 to >366 days. Under 
laboratory anaerobic aquatic conditions, the half-life was 27 days. 
Adsorption/desorption studies indicate that aged imidacloprid residues 
do not leach into the soil. Imidacloprid dissipates under actual field 
conditions with a half-life of 7 to 196 days. Imidacloprid remained in 
the top six inches of the soil in U.S. tests for the duration of nine 
of ten field dissipation studies. The presence of growing vegetation 
significantly increased the rate of degradation of imidacloprid. In 
studies conducted in 1995, imidacloprid was not detected in seventeen 
wells on potato farms in Quebec, Canada. In addition, groundwater 
monitoring studies are currently underway in California and Michigan. 
Therefore, contributions to the dietary burden from residues of 
imidacloprid in water would be inconsequential.
    3. Non-occupational-- i. Residential turf. Bayer Corporation has 
conducted an exposure study to address the potential exposures of 
adults and children from contact with imidacloprid treated turf. The 
population considered to have the greatest potential exposure from 
contact with pesticide treated turf soon after pesticides are applied 
are young children.
    Margins of safety (MOS) of 7,587 - 41,546 for 10 year old children 
and 6,859 - 45,249 for 5 year old children were estimated by comparing 
dermal exposure doses to the imidacloprid no-observable effect level of 
1,000 mg/kg/day established in a 15 day dermal toxicity study in 
rabbits. The estimated safe residue levels of imidacloprid on treated 
turf for 10 year old children ranged from 5.6 - 38.2 g/cm2 
and for 5 year old children from 5.1 - 33.3 g/cm2. This 
compares with the average imidacloprid transferable residue level of 
0.080 g/cm2 present immediately after the sprays have dried. 
These data indicate that children can safely contact imidacloprid-
treated turf as soon after application as the spray has dried.
    ii. Termiticide. Imidacloprid is registered as a termiticide. Due 
to the nature of the treatment for termites, exposure would be limited 
to that from inhalation and was evaluated by EPA's Occupational and 
Residential Exposure Branch (OREB) and Bayer Corporation. Data indicate 
that the Margins of Safety for the worst case exposures for adults and 
infants occupying a treated building who are exposed continuously (24 
hours/day) are 8.0 x 107 and 2.4 x 108, 
respectively, and exposure can thus be considered negligible.
    iii. Tobacco smoke. Studies have been conducted to determine 
residues in tobacco and the resulting smoke following treatment. 
Residues of imidacloprid in cured tobacco following treatment were a 
maximum of 31 ppm (7 ppm in fresh leaves). When this tobacco was burned 
in a pyrolysis study only two percent of the initial residue was 
recovered in the resulting smoke (main stream plus side stream). This 
would result in an inhalation exposure to imidacloprid from smoking of 
approximately 0.0005 mg per cigarette. Using the measured subacute rat 
inhalation NOEL of 5.5 mg/m3, it is apparent that exposure 
to imidacloprid from smoking (direct and/or indirect exposure) would 
not be significant.
    iv. Pet treatment. Human exposure from the use of imidacloprid to 
treat dogs and cats for fleas has been addressed by EPA's Occupational 
and Residential Exposure Branch (OREB) who have concluded that due to 
the fact that imidacloprid is not an inhalation or dermal toxicant and 
that while dermal absorption data are not available, imidacloprid is 
not considered to present a hazard via the dermal route.
    4. Cumulative effects. No other chemicals having the same mechanism 
of toxicity are currently registered, therefore, there is no risk from 
cumulative effects from other substances with a common mechanism of 
toxicity.

E. Safety Determinations

    1. U.S. Population in general. Using the conservative exposure 
assumptions described above and based on the completeness and 
reliability of the toxicity data, it can be concluded that total 
aggregate exposure to imidacloprid from all current uses including 
those currently proposed will utilize little more than 15 percent of 
the RfD for the U.S. population. EPA generally has no concerns for 
exposures below 100 percent of the RfD, because the RfD represents the 
level at or below which daily aggregate exposure over a lifetime will 
not pose appreciable risks to human health. The TMRC from exposure to 
field corn for the general population, is 0.000055 mg/kg/bwt/day, which 
represents 0.1 percent of the RfD. Thus, it can be concluded that there 
is a reasonable certainty that no harm will result from aggregate 
exposure to imidacloprid residues.
    2. Infants and children. In assessing the potential for additional 
sensitivity of infants and children to residues of imidacloprid, the 
data from developmental studies in both rat and rabbit and a 2-
generation reproduction study in the rat have been considered. The 
developmental toxicity studies evaluate potential adverse effects on 
the developing animal resulting from pesticide exposure of the mother 
during prenatal development. The reproduction study evaluates effects 
from exposure to the pesticide on the reproductive capability of mating 
animals through 2 generations, as well as any observed systemic 
toxicity.
    FFDCA section 408 provides that the EPA may apply an additional 
safety factor for infants and children in the case of threshold effects 
to account for pre- and post-natal effects and the completeness of the 
toxicity database. Based on current toxicological data requirements, 
the toxicology database for imidacloprid relative to pre- and

[[Page 34271]]

post-natal effects is complete. Further for imidacloprid, the NOEL of 
5.7 mg/kg/bwt from the 2-year rat feeding/ carcinogenic study, which 
was used to calculate the RfD (discussed above), is already lower than 
the NOELs from the developmental studies in rats and rabbits by a 
factor of 4.2 to 17.5 times. Since a hundredfold uncertainty factor is 
already used to calculate the RfD, it is surmised that an additional 
uncertainty factor is not warranted and that the RfD at 0.057 mg/kg/
bwt/day is appropriate for assessing aggregate risk to infants and 
children. Using the conservative exposure assumptions described above, 
EPA has concluded that the TMRC from use of imidacloprid from published 
uses is 0.008358 mg/kg/bwt/day utilizing 14.7 percent of the RfD for 
the general population. For the most highly exposed subgroup in the 
population, non-nursing infants (less than 1 year old), the TMRC for 
the published tolerances is 0.01547 mg/kg/day. This is equal to 27.1 
percent of the RfD. The TMRC from exposure to field corn to non-nursing 
infants is 0.000131 mg/kg/bwt/day, which represents 0.2 percent of the 
RfD. The TMRC for children ages 1 to 6 years is 0.000130 mg/kg/bwt/day, 
which represents 0.2 percent of the RfD. For nursing infants, the TMRC 
is 0.000032 mg/kg/bwt/day, which is 0.1 percent of the RfD. For 
children ages 7 to 12 years, the TMRC is 0.000098 mg/kg/bwt/day, which 
is 0.2 percent of the RfD. Thus, it can be concluded that there is a 
reasonable certainty that no harm will result from additional exposure 
of infants and children.

F. Other Considerations

    The nature of the imidacloprid residue in plants and livestock is 
adequately understood. The residues of concern are combined residues of 
imidacloprid and its metabolites containing the 6-chloropyridinyl 
moiety, all calculated as imidacloprid. The analytical method is a 
common moiety method for imidacloprid and its metabolites containing 
the 6-chloropyridinyl moiety using a permanganate oxidation, silyl 
derivatization, and capillary GC-MS selective ion monitoring. There is 
an additional confirmatory method available. Imidacloprid and its 
metabolites have been shown to be stable for at least 24 months in 
frozen storage.

G. International Tolerances

    No CODEX Maximum Residue Levels (MRLs) have been established for 
residues of imidacloprid on any crops at this time.

[FR Doc. 97-16655 Filed 6-24-97; 8:45 am]
BILLING CODE 6560-50-F