97-16655. Notice of Filing of Pesticide Petitions  

  • [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:
    
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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  
                                     th@epamail.epa.gov.                    
    Indira Gairola (Reg. Leader)..  4th floor, CS #1, 703-  2800 Crystal    
                                     308-8371, e-mail:       Drive,         
                                     [email protected]   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:
        opp-docket@epamail.epa.gov
    
    
        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,
    
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    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="">50 > 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.
    
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        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,
    
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    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
    
    
    

Document Information

Published:
06/25/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-16655
Dates:
Comments, identified by the docket control number PF-736, must be received on or before July 25, 1997.
Pages:
34261-34271 (11 pages)
Docket Numbers:
PF-736, FRL-5719-6
PDF File:
97-16655.pdf