UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON D.C., 20460 

FEB 07 2014 

MEMORANDUM 

OFFICE OF 

CHEMICAL SAFETY AND 

POLLUTION PREVENTION 

SUBJECT: BEAD's Response to Dow AgroSciences Comments on EPA's 1, 3-

Dichloropropene Registration Review Docket, EPA-HQ-OPP-2013-0154 

(11-22-2013), DP# 4i6853 4 f6g5g 

FROM: 

THRU: 

Carl Chen, Plant Pathologist 

Biological Analysis Branch 

Cynthia 

Science Information 

Doucoure, Environmental 

and Analysis Branch 

Protection 

(SlAB) 

Specialist (3_ ~ 

Derek Berwald, Economist ~ {;l \At\_ ~~ Economic Analysis Branch ~ ) 

Biological and Economic Analysis Division (7503P) 

Arnet "Skee" Jones, Chief 

Biological Analysis Branch 

Diann Sims, Chief /l ;h.for'-AJ;_ ~; Science Information & Analysis Branch 

Economic 

Timothy Kiely, 

Analysis 

Chief 

Branch (\_\).A_ '--' J ~ 

Biological and Economic Analysis Division 7503P) 

TO: Margaret Hathaway, RMIBII 

Pesticide Re-evaluation Division (7508P) 

Product Review Panel Date: January 28, 2014 

Through this memo, BEAD is providing responses to Dow AgroSciences (DAS) comments to 

EPA's 1, 3-Dichloropropene Registration Review Docket, EPA-HQ-OPP-2013-0154 dated 

November 22,2013. DAS comments were directed at the BEAD Chemical Profile and the PRD 

Label Data Report for 1,3-D found in the Docket. Each of the comments appears below 

followed.by BEAD's responses. 

Page 1 of 8 
BEAD CHEMICAL PROFILE FOR REGISTRATION REVIEW: 1,3-DICHLOROPROPENE (1,3-D) 

(0l9001) DATED MARCH 25, 2013 

DAS Comment- 1. Reference: In the Introduction: Page 2. Paragraph 2. Document states: 

However, there could be some limiting factors such as restrictions for.1,3-D use on karst soils 

and township caps for 1,3-D use in California. 

• Comment: Implementation of the Phase II labels would also be considered a limiting 

factor to the use of products containing1,3-D in combination with chloropicrin where 

buffer zones may limit product utility. 

EPA Response to DAS Comment- 1. Reference: EPA acknowledges that the implementation 

of Phase II labels (buffer zones) may limit the utility of products containing 1,3-D in 

combination with chloropicrin. 

DAS Comment- 2. Reference: In the Introduction: Page 2. Paragraph 2. Document states: As a 

nematicide, the chemical penetrates into nematodes via mouth and cuticle. 

• Comment: Nematodes live in the thin film of water that surrounds all soil particles. To 

control them, treatment must reach into their habitat and remain in contact with them at a 

strong enough concentration for an adequate length of time to result in pest control. 

Injected into the soil as a liquid, 1,3-D quickly converts to a gas and permeates the soil 

mass. As gas, it reaches nematodes and fungi by moving through air spaces in the soil 

mass and dissolving into the thin film of water that surrounds soil particles were the 

target pest resides. The mode of action of 1,3-D is not clearly understood. It attacks a 

variety of enzyme and membrane systems. 1 ,3-D essentially inactivates metabolic 

functions in the body of the targeted pest. 

EPA Response to DAS Comment- 2. Reference: Some literature sources provide general 

characterization of how fumigants affect nematodes, e.g., "Fumigant nematicides such as Telone 

or Vapam volatilize quickly and move through the soil as a gas. These gases penetrate the 

nematode cuticle and interfere with vital processes, causing death. " 

(http://extension.psu.edu/plants/tree-fruit/tfpg/part3/AGRS045-03.pdf) and "[1,3-D} penetrates 

the nematodes through the cuticle and orifices (in particular the mouth) and acts by destroying 

the ability of cells to transport and use oxygen. " 

(http://www.efsa.europa.eu/en/efsajournal/doc/1341 .pdf) BEAD thanks DAS for the additional 

information provided. 

DAS Comment- 3. Reference: Common Formulations and Application Methods: Page 3. 

Paragraph 1. Document states: 1 ,3-D is commonly formulated as pressurized gas, liquid ready to 

use, and emulsifiable and flowable concentrate applied as a soil fumigant via soil injection, drip 

Page 2 of 8 
irrigation, tarped and untarped broadcast applications using shank, plowsole or chisel equipment, 

as well as bedded applications using chisel equipment. 

• Comment: 1,3-D is formulated as a liquid and applied in liquid form to the soil where it 

converts to a gas. 1,3-D products are formulated as only liquid ready-to-use or 

emulsifiable concentrate formulations. 

EPA Response to DAS Comment- 3. Reference: BEAD thanks DAS for clarifying the 1,3-D 

common formulation types. We will review the information and use the appropriate 

formulations and methods in risk assessments. 

DAS Comment- 4-6. Reference: Use Sites (Non-Agricultural Use Sites): Page 3. Paragraph 2.; 

Non-Agricultural Use: Page 9. Paragraph 1.; and Biological Aspects Relevant to 1,3-D: Page 9. 

Paragraph 1. 

The references above concern all instances in the BCP where the term non-agricultural use sites 

was used to refer to the following: all nursery crops (ornamental, non-bearing fruit/nut trees and 

forestry crops), ornamental lawns and turf, golf course turf, ornamental and/or shade trees, 

ornamental herbaceous and nonflowering plants, and ornamental woody shrubs and vines. 

• Comment: The following are classified as agricultural uses: preplant uses on all nursery 

crops (ornamental, non-bearing fruit/nut trees and forestry crops), ornamental lawns and 

turf (sod production), golf course turf, ornamental and/or shade trees, ornamental 

herbaceous and non-flowering plants, and ornamental woody shrubs and vines. 

• Comment: The only registered nonagricultural use of 1,3-D is for nematode control in 

established golf course turf and athletic fields. In California, a FIFRA 24( c) Special Local 

Need (SLN) label is in place for the use ofTelone II soil fumigant for the control of 

nematodes in soils in nursery stock production under CDFSNIPM #7 Schedules B, C, and 

D guidelines for dual application methods. The California Department of Food and 

Agriculture specifies soil treatment and handling procedures, when verified and 

documented, are approved to ensure nematode cleanliness of both field and container 

grown nursery stock. 

EPA Response to DAS Comment- 4. Reference: BEAD thanks DAS for clarifying the 1,3-D 

agricultural and nonagricultural uses of 1,3-D. We will review the classifications and use the 

appropriate one in risk assessments. 

DAS Comment- 7. Reference: Conclusion: Page 10. Paragraph 1: Document states: 1 ,3-D is 

applied to a wide variety of crops as a fumigant to control soil-borne plant pests. Many of these 

crops are high in value to the grower, and there are few alternative fumigants available. For these 

reasons, it is likely that 1,3-D has high benefits and that potential risk mitigation measures that 

restrict its use might be costly. 

Page 3 of 8 

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• Comment: The overall BEAD assessments account for the increased use of 1,3-D that can 

be contributed to the phase out of methyl bromide. DAS agrees that 1,3-D is an important 

alternative for methyl bromide for nematode control. We know the 1,3-D possesses 

unique and valuable utility as a very effective true soil fumigant. We concur with the 

BEAD conclusion that the use of 1,3-D is critical to·crop production and that measures 

that restrict utility of the fumigant could be costly to U.S. agriculture. 

EPA Response to DAS Comment- 7. Reference: BEAD thanks DAS for feedback on 

BEAD's conclusion of the 1,3-D BEAD Chemical Profile. 

TELONE (0290001) PRD LABEL DATA REPORT DATED SEPTEMBER, 2013 

DAS Comment -1. Reference: PRD Label Data Report. In response to a careful review of the 

information contained in the PRD Label Data Report in comparison to current product labeling, 

DAS offers the following comment: 

• Comment: In addition to these comments, DAS is also submitting a spreadsheet with a 

comprehensive listing of the maximum annual application rates and the number of 

applications per year by crop use and by product. There are numerous errors in the PRD 

Label Data Report and in Section 3, Table 1, page 9 of the EFED Memo which lists use 

sites and application information for 1,3-D. The spreadsheet that DAS is submitting with 

the comprehensive listing of application rates by crop should be the Agency's most 

reliable reference with regard to current uses and use rates. 

EPA Response to DAS Comment- 1. Reference: The PRD Label Data Report is designed to 

provide the highest maximum application rate found for each crop and formulation type across 

several products; it does not provide the maximum application rate for each product. BEAD has 

other label data reports that provide maximum application rates all use crops/sites for all 

products or for representative product labels with unique a.i. percentages, formulation types, and 

sites. We've determined that these types oflabel data reports may be more useful for future 

public docket reviews. Meanwhile, however, we will review the revised PRD Label Data Report 

you provided and use the appropriate values for risk assessment. 

DAS Comment- 2. Reference: Spreadsheet Column "A" 

• Comment: The spreadsheet received did not include a definition for the letters "F" and 

"N". If this is in reference to Food/Feed (F ?) and Non-Food/Non-Feed (N?) then it is 

important to understand that the only post plant crop use for 1,3-D is with the product 

labeled as CordonTM for use in established grapes for which a tolerance has been set. All 

other uses are preplant uses to soil and do not require tolerances. 

EPA Response to DAS Comment- 2. Reference: The DAS interpretation ofF (food/feed) and 

N (non-food/non-feed) in column one of the PRD Label Data Report is correct. BEAD 

Page 4 of 8 
appreciates the clarification of the food/feed and non-food/non-feed uses for 1,3-D. We will 

clarify language for these uses in our risk assessments. 

DAS Comment- 3. Reference: Spreadsheet Column "D" 

• Comment: Incorrect rates are in red-colored font with a strikethrough. Corrected rates 

appear in blue font. For a majority of the crops listed, rate options for all labeled Dow 

AgroSciences' 1,3-D products were listed at the maximum A.I. application rate per acre. 

The rates shown for Telone C-35 and C-17 are for the 1,3-D component only. 

EPA Response to DAS Comment- 3. Reference: See EPA Response to DAS Comment- 1. 

Reference. We will review the revised PRD Label Data Report you provided and use the 

appropriate values for risk assessment. 

DAS Comment- 4. Reference: Spreadsheet Column "E" 

• Comment: A new column "E" was inserted. New column "E" references the product by 

label name and crop category referred to within the stated label when making corrections 

to column "D". For high value crops and certain crops that are subject to disease, labeled 

rates ofTelone C-35 and C-17 were added. 

EPA Response to DAS Comment- 4. Reference: See EPA Response to DAS Comment- 1. 

Reference. We will review the revised PRD Label Data Report you provided and use the 

appropriate values for risk assessment. 

DAS Comment- 5. Reference: Spreadsheet Columns "F" and "H" 

• Comment: It is not stated what the difference is between these two columns. Column "F" 

is labeled as "Max# Apps/CC" and column "H" labeled as Max# Apps/Year". It does 

appear that column "F" is in reference to applications made post plant and that column 

"H" is for preplant applications. Dow AgroSciences asks that the EPA validate this 

assumption. 

EPA Response to DAS Comment - 5. Reference: The "Max# Apps/CC" column is designed 

to capture the maximum # of applications that labels specify should be applied per season or crop 

cycle on a particular use site, whereas the "Max # of Apps/Y ear" is designed to capture the 

maximum # of applications that labels specify should be applied per year on a particular use site. 

In this case, however, it just so happens that the post plant application (to grapes) is the only use 

for which the label specifies a maximum# of applications per season/crop cycle. 

DAS Comment - 6. Reference: Spreadsheet Columns "G" and "I" 

Page 5 of 8 
• Comment: It is not stated what the difference is between these two columns. Column "G" 

is labeled as "A.I. Max App Rate/CC" and column "I" labeled as A.I. Max App 

Rate/Year". It does appear that column "G" is in reference to applications made post 

plant and that column "I" is for preplant applications. Dow AgroSciences asks that the 

EPA validate this assumption. 

EPA Response to DAS Comment- 5. Reference: The "A.I. Max App Rate/CC" column is 

designed to capture maximum application rates per season or crop cycle as provided on labels, 

whereas column H (not I) is designed to capture yearly maximum application rates as provided 

on labels. In this case, however, it just so happens that the post plant application (to grapes) is the 

only use for which the maximum seasonal/crop cycle application rate is provided on the label. 

DAS Comment- 7. Reference: Spreadsheet Column "J" Minimum Retreatment Interval 

• Comment: Many of the line items are list as NS or 365 d. The current Telone® II, 

Telone® C-17, Telone® C-35 and InLine® labels state that a given product shall not be 

applied to soil more frequently than once per year. 

EPA Response to DAS Comment- 7. Reference: The "Minimum Retreatment Intervals" 

listed on the PRD Label Data Report field are coming from various company labels, which is 

why there are several different entries in this field, including "NS" (not specified on label) and 

"365 d." To verify whether the 365 day minimum retreatment interval was captured correctly for 

the above-mentioned products, we checked our product-by product reports and found that it is 

correctly entered as once per year. The "NS" minimum retreatment interval is coming from other 

company product labels; we hope to resolve this issue prior to conducting risk assessments. 

DAS Comment- 8. Reference: Spreadsheet Line 17 

• Comment: Crop information was added to column "B" & "E" to clarify that this use is for 

a 24 (c) SLN label for Potatoes to eradicate Potato Cyst Nematode under the guidance of 

the USDA/ISDA. 

EPA Response to DAS Comment - 8. Reference: Thank you for clarifying the 24© use for 

potatoes. For future reference, however, please note our PRD Label Data Report and other 

reports for 1,3-D have captured maximum application rates and other use information for 

potatoes from three 24© products, including FLOI 0008, FL990003, and FL990005. Our label 

data reports, by design, do not provide pest specific information; however, this information is 

useful if we conduct a benefits assessment of this use. 

DAS Comment- 9. Reference: Spreadsheet Line 18, 86, and 102 

• Comment: These three line item entries should be deleted in that no crop is listed. 

Page 6 of 8 
EPA Response to DAS Comment- 9. Reference: BEAD thanks DAS for calling attention to 

this issue. - ---------------------------------------------------------------------------------------------------------------------

DAS Comment- 10. Reference: Spreadsheet Line 19 and Column "M" 

• Comment: Deleted the word "Washington" under colmnn "M" in that there are no state 

restrictions for the use of 1 ,3-D as a preplant fumigant prior to establishment of Alfalfa 

EPA Response to DAS Comment- 10. Reference: The above-mentioned column references 

the allowable geographic restrictions. BEAD added this geo restriction for alfalfa because the 

use information comes from a 24© label for Washington (WA990038). For 24©s, BEAD 

routinely adds the designated state as the geographic allowable area of use. 

---------------------------------------------------------------------------------------------------------------------

DAS Comment- 11. Reference: Spreadsheet Line 45 and Column "F" 

• Comment: Two applications are allowed post plant in grapes with each application not to 

exceed 18.5 lbs a.i. per acre. 

EPA Response to DAS Comment - 11. Reference: Thank you for clarifying the max number 

of applications per crop cycle for post plant grapes. We will review and use the appropriate 

values for risk assessment. 

DAS Comment- 12. Reference: Spreadsheet Line 48 and 49 

• Comment: These two line items should be deleted in that there is no labeled use for the 

treatment of irrigation systems with 1,3-D. 

EPA Response to DAS Comment- 12. Reference: Thank you for the feedback on the 

irrigation systems site. BEAD will review and use the appropriate sites in our risk assessments. 

DAS Comment- 13. Reference: Spreadsheet Line 58 and Column "J" 

• Comment: The 14-day interval is for California only. Refer to Telone II product bulletin 

for details and CA Dept of Food and Ag guidelines. 

EPA Response to DAS Comment - 13. Reference: The PRD Label Data Report does list the 

14-day interval as being for California only. See the "Allowable Geographic Restrictions" 

column for the 14-day minimum retreatment interval. 

DAS Comment -14. Reference: Spreadsheet Line 74 & 84 and Column "J" 

Page 7 of 8 
• Comment: The minimum retreatment interval of 14 days is not allowed on preplant shank 

applied 1 ,3-D labels. See number six (7) above. 

EPA Response to DAS Comment- 14. Reference: Thanks for clarifying that the 14-day 

minimum retreatment interval is not allowed on preplant shank applied 1,3-D labels. Our label 

data reports do not show preplant shank applications for the 14-day minimum retreatment 

intervals. 

DAS Comment -15. Reference: Spreadsheet Lines 97, 106,116 and Column "M" 

• Comment: The use of 1,3-D post plant in established turf is by only by Sec. 24(c) SLN 

labeling for certain Southeast U.S. States. 

EPA Response to DAS Comment - 15. Reference: BEAD has included information on use of 

1,3-D post plant in established turf for several24©s, including GA030005, MS050016, and 

TX060005. While the 24© numbers do not show in the PRD Label Data Report, it does show 

allowable use these states in Column L- "Allowable Geo Restrictions." 

DAS Comment- 16. Reference: Spreadsheet Lines 97, 106,116 and Column "M" 

• Comment: The term "Ornamental Lawns" is not stated on Sec. 24 (c) SLN labeling. This 

should be corrected to read "Athletic Fields and Golf Course Turf'. 

EPA Response to DAS Comment- 16. Reference: Thank you for clarifying the terms on the 

24 © labeling. BEAD will review and use the appropriate terms in our risk assessments. 

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