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 DowAgroSciences Comments on EPA's 1, 3- Dichloropropene Registration Review Docket, EPA-HQ-OPP-2013-0154 (11-22-2013), DP# 4i6853 

### 4f6g5g FROM:

THRU: Carl Chen, Plant Pathologist Biological Analysis Branch Cynthia Doucoure, Environmental Protection Specialist (3_

## ~ Science Information and Analysis Branch (SlAB) Derek Berwald, Economist

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# ~~ 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 Timothy Kiely, Chief

# (\_\).A_**~** Economic Analysis Branch '--'

# J Biological and Economic Analysis Division 7503P) TO: Margaret Hathaway, RMIBII Pesticide Re-evaluation Division (7508P)
Product Review Panel Date: January 28, 2014 Throughthis 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 ofthe comments appears below followed
.by BEAD'sresponses. Page 1 of 8BEADCHEMICALPROFILE FORREGISTRATION REVIEW: 1,3-DICHLOROPROPENE (1,3-D) (0l9001) DATED MARCH25, 2013 DAS Comment- 

### 1. Reference: Inthe 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 ofthe Phase II labels would also be considered a limiting factor to the use ofproducts containing1,3-D in combinationwith chloropicrin where buffer zones may limit productutility.
EPA Response to DAS Comment- 

### 1. Reference: EPA acknowledges thatthe implementation ofPhase II labels (buffer zones) may limit the utility ofproducts containing 1,3-D in combination with chloropicrin.
DAS Comment- 2. Reference: In the Introduction: Page 2. Paragraph2. Document states: As a nematicide, the chemical penetrates into nematodes viamouth and cuticle.

• Comment: Nematodes live inthe thin film ofwater 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 oftime to result inpest control. Injected into the soil as a liquid, 1,3-D quickly converts to a gas and permeatesthe soil mass. As gas, itreaches nematodes and fungi bymoving through air spaces in the soil mass and dissolving into the thin film ofwaterthat surrounds soil particles were the target pestresides. The mode ofaction of 1,3-D is notclearly understood. It attacks a variety ofenzyme andmembrane systems. 1,3-D essentially inactivates metabolic functions inthe body ofthe targeted pest. EPAResponse to DAS Comment- 2. Reference: Some literature sources provide general characterization ofhowfumigants affect nematodes, e.g., "Fumigantnematicides such as Telone or Vapam volatilize quickly andmove through the soil as a gas. These gasespenetrate the nematode cuticle andinterfere with vitalprocesses, causingdeath. " (http://extension.psu
.edu/plants/tree-fruit/tfpg/part3/AGRS045-03
.pdf) and "[1,3-D}penetrates the nematodes through the cuticle andorifices (inparticular the mouth) andacts by destroying the ability of cells to transport anduse oxygen. " (http://www.efsa.europa
.eu/en/efsajournal/doc/1341
.pdf) BEAD thanks DAS for the additional informationprovided.
DAS Comment- 3. Reference: Common Formulations and Application Methods: Page 3. Paragraph 1. Document states: 1,3-D is commonly formulated as pressurized gas, liquidready to use, and emulsifiable and flowable concentrate applied as a soil fumigant via soil injection, drip Page 2 of 8irrigation, tarped and untarped broadcast applications using shank, plowsole orchisel equipment, as well as bedded applications using chisel equipment.
• Comment: 1,3-D is formulated as a liquid and applied inliquid 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 reviewthe information and use the appropriate formulations and methods inrisk 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 andturf, golfcourseturf, 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(sodproduction), golfcourse turf, ornamental and/or shadetrees, 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 golfcourseturfand 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 stockproduction under CDFSNIPM#7 Schedules B, C, and D guidelines for dual application methods. The California Department ofFood and Agriculture specifies soil treatment andhandling procedures, when verified and documented, are approved to ensure nematode cleanliness ofbothfield and container grownnursery 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 reviewthe classifications and use the appropriate one inrisk assessments. 

### DAS Comment- 7. Reference: Conclusion: Page 10. Paragraph 1: Document states: 1 ,3-D is applied to a wide variety ofcrops as a fumigant to control soil-borne plantpests. Many ofthese 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 thatpotential risk mitigation measures that restrict its use might be costly.
Page 3 of 8

t> 0 

### t• Comment: The overall BEAD assessments account for the increased use of 1,3-D that can be contributed to the phase out ofmethyl bromide. DAS agrees that 1,3-D is an important alternative for methyl bromide for nematode control. Weknowthe 1,3-D possesses unique and valuable utility as a very effective true soil fumigant. We concur withthe BEAD conclusion that the use of 1,3-D is critical to·crop production and that measures that restrict utility ofthe fumigant could be costlyto U.S. agriculture. EPA Response to DAS Comment- 7. Reference: BEAD thanks DAS for feedback on BEAD's conclusion ofthe 1,3-D BEAD Chemical Profile.

TELONE (0290001) PRD LABEL DATAREPORT DATED SEPTEMBER,2013 DAS Comment -1. Reference: PRD Label DataReport. In response to a careful review ofthe information contained in the PRD Label DataReport incomparisonto currentproduct labeling, DAS offers the following comment:
• Comment: In addition to these comments, DAS is also submitting a spreadsheet with a comprehensive listing ofthe maximum annual applicationrates 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 ofthe EFED Memo which lists use sites and application information for 1,3-D. The spreadsheet that DAS is submitting with the comprehensive listing ofapplication rates by crop should bethe Agency's most reliable reference withregard to currentuses and use rates. EPA Response to DAS Comment- 1. Reference: The PRD Label Data Report is designed to provide the highest maximum applicationrate found for each crop and formulation type across several products; it does notprovidethe maximum application rate for each product. BEAD has other label datareports thatprovide maximum applicationrates 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 datareports may bemore useful for future public docket reviews. Meanwhile, however, we will review the revised PRD Label Data Report youprovided 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"
. Ifthis is inreference to Food/Feed (F 

### ?) and Non-Food/Non-Feed 

### (N?) then it is important to understand thatthe only postplant crop use for 1,3-D is with the product labeled as CordonTM for use inestablished grapes for which a tolerance has been set. All other uses are preplant uses to soil and do notrequire tolerances. EPA Response to DAS Comment- 2. Reference: The DAS interpretation ofF (food/feed) and N (non-food/non-feed) in column one ofthe PRD Label Data Report is correct. BEAD Page 4 of 8appreciates the clarification ofthe food/feed and non-food/non-feed uses for 1,3-D. We will clarify language for these uses 

### inour risk assessments. 

### DAS Comment- 3. Reference: Spreadsheet Column "D"
• Comment: Incorrectrates are in red-colored font with a strikethrough. Corrected rates appear inblue font. For a majority ofthe crops listed, rate options for all labeled Dow AgroSciences' 1,3-D products were listed atthe maximumA.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 DataReport youprovided 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 productby label name and crop category referred to withinthe stated label when making corrections to column "D". Forhigh 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 reviewthe 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 whatthe difference is between these two columns. Column "F" is labeled as "Max#Apps/CC" and column "H" labeled as Max# Apps/Year". Itdoes appear that column "F" is inreference to applications madepostplant and that column "H"is for preplant applications. DowAgroSciences 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 # ofapplications that labels specify should be applied per season orcrop cycle on a particular use site, whereas the "Max # ofApps/Year" is designedto capture the maximum # ofapplications that labels specify shouldbe applied per year on a particular use site. In this case, however, itjustso happens thatthe postplant application (to grapes) is the only use for which the label specifies a maximum# ofapplications per season/crop cycle.


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

### "I"
Page 5 of 8• Comment: Itis not stated what the difference is betweenthese two columns. Column "G" is labeled as "A.I. Max App Rate/CC" and column "I" labeled as A.I. Max App Rate/Year". Itdoes appearthat column "G" is inreference 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 onlabels, whereas column H (not I) is designed to capture yearly maximum applicationrates as provided onlabels. Inthis case, however, itjust so happens that the postplant 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 ofthe 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 givenproduct shall not be applied to soil more frequently than once per year. EPA Response to DAS Comment- 7. Reference: The "MinimumRetreatment Intervals" listed onthe PRD Label Data Report field are coming from various company labels, which is why there are several different entries inthis field, including "NS" (not specified onlabel) and "365 d." To verify whether the 365 day minimum retreatment interval was captured correctly for the above-mentioned products, we checked ourproduct-by productreports and found that it is correctly entered as once peryear. 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 ourPRD Label DataReport and other reports for 1,3-D have captured maximum applicationrates and other use information for potatoes from three 24© products, including FLOI0008, FL990003, and FL990005. Our label datareports, by design, do notprovide pest specific information; however, this information is useful ifwe conduct a benefits assessment ofthis use.
DAS Comment- 9. Reference: Spreadsheet Line 18, 86, and 102
• Comment: These three line item entries should be deleted inthat no crop is listed.
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### EPAResponse to DAS Comment- 9. Reference: BEAD thanks DAS for calling attention to this issue
.



## -

--------------------------------------------------------------------------------------------------------------------- DAS Comment- 10. Reference: SpreadsheetLine 19 and Column "M"
• Comment: Deleted the word "Washington" under colmnn "M" in thatthere are no state restrictions for the use of 1 ,3-D as a preplant fumigant priorto establishment ofAlfalfa EPAResponse 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 ofuse.



### --------------------------------------------------------------------------------------------------------------------- DAS Comment- 11. Reference: SpreadsheetLine 45 and Column "F"
• Comment: Two applications are allowed postplant in grapes with each application not to exceed 18.5 lbs a.i. per acre. EPAResponse to DAS Comment

- 11. Reference: Thank you for clarifying the max number ofapplications per crop cycle for postplant grapes. We will review and use the appropriate values for risk assessment.
DAS Comment- 12. Reference: SpreadsheetLine 48 and 49
• Comment: These two line items should be deleted in that there is no labeled use for the treatment ofirrigation systems with 1,3-D. EPAResponse 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: SpreadsheetLine 58 and Column 

### "J"
• Comment: The 14-dayinterval is for California only. Referto Telone II product bulletin for details and CADept ofFood and Ag guidelines. EPA Response to DAS Comment

- 

### 13. Reference: The PRD Label DataReport 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: SpreadsheetLine 74 & 

### 84 and Column 

### "J"
Page 7 of 8• Comment: The minimum retreatment interval of 14 days is not allowed onpreplant 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 onpreplant shank applied 1,3-D labels. Our label datareports do not showpreplant shank applications for the 14-dayminimumretreatment intervals.


### DAS Comment -15. Reference: Spreadsheet Lines 97, 106,116 and Column "M"
• Comment: Theuse of 1,3-D postplantin established turfis by only by Sec. 24(c) SLN labeling for certain SoutheastU.S. States. 

### EPA Response to DAS Comment - 15. Reference: BEAD has included information on use of 1,3-D postplantinestablishedturffor 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 GolfCourse 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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