[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Rules and Regulations]
[Pages 8212-8218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2480]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0637; FRL-8345-1]


1,3-Dichloropropene and metabolites; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for combined residues 
of 1,3-dichloropropene and metabolites in or on grape. Dow 
AgroSciences, LLC requested this tolerance under the Federal Food, 
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective February 13, 2008. Objections and 
requests for hearings must be received on or before April 14, 2008, and 
must be filed in accordance with the instructions provided in 40 CFR 
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION ).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-0637. To access the 
electronic docket, go to http://www.regulations.gov, select ``Advanced 
Search,'' then ``Docket Search.'' Insert the docket ID number where 
indicated and select the ``Submit'' button. Follow the instructions on 
the regulations.gov website to view the docket index or access 
available documents. All documents in the docket are listed in the 
docket index available in regulations.gov. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov, or, 
if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-

[[Page 8213]]

4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Mary L. Waller, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9354; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to those 
engaged in the following activities:
     Crop production (NAICS code 111), e.g., agricultural 
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers 
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 32532), e.g., 
agricultural workers; commercial applicators; farmers; greenhouse, 
nursery, and floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather to 
provide a guide for readers regarding entities likely to be affected by 
this action. Other types of entities not listed in this unit could also 
be affected. The North American Industrial Classification System 
(NAICS) codes have been provided to assist you and others in 
determining whether this action might apply to certain entities. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal 
Register document through the electronic docket at http://www.regulations.gov, you may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr. You may also access a 
frequently updated electronic version of EPA's tolerance regulations at 
40 CFR part 180 through the Government Printing Office's pilot e-CFR 
site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, any person may file an objection to 
any aspect of this regulation and may also request a hearing on those 
objections. You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in 40 CFR part 
178. To ensure proper receipt by EPA, you must identify docket ID 
number EPA-HQ-OPP-2007-0637 in the subject line on the first page of 
your submission. All requests must be in writing, and must be mailed or 
delivered to the Hearing Clerk as required by 40 CFR part 178 on or 
before April 14, 2008.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit this copy, identified by docket ID number 
EPA-HQ-OPP-2007-0637, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.

II. Petition for Tolerance

    In the Federal Register of September 19, 2007 (72 FR 53575-53577) 
(FRL-8144-3), EPA issued a notice pursuant to section 408(d)(3) of 
FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide 
petition (PP 1F6253) by Dow AgroSciences, LLC, 9330 Zionsville Road, 
Indianapolis, IN 46268. The petition requested that 40 CFR part 180 be 
amended by establishing a tolerance for residues of the fungicide, 1,3-
dichloropropene, in or on grape at 0.009 parts per million (ppm). That 
notice referenced a summary of the petition prepared by Dow 
AgroScience, LLC, the registrant, which is available to the public in 
the docket, at http://www.regulations.gov. There were no comments 
received in response to the notice of filing. Based upon review of the 
data supporting the petition, EPA has revised and raised the tolerance 
level to include the combined residues of the parent chemical, cis- and 
trans-1,3 dichloropropene, and the metabolites, cis- and trans-3-
chloroacrylic acid and cis- and trans-3-chloroallyl alcohol which are 
considered to be of equal toxicity to the parent chemical.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical 
residue....'' These provisions were added to FFDCA by the Food Quality 
Protection Act (FQPA) of 1996.
     Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for the petitioned-for tolerance 
for the combined residues of cis- and trans-1,3-dichloropropene, cis- 
and trans-3-chloroacrylic acid, and cis- and trans-3-chloroallyl 
alcohol (1,3-dichloropropene and metabolites) on grape at 0.018 ppm. 
EPA's assessment of exposures and risks associated with establishing 
the tolerance follows.

[[Page 8214]]

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children.
    The toxicology database is considered to be adequate to support the 
proposed and existing uses of 1,3-dichloropropene. 1,3-Dichloropropene 
showed moderate acute toxicity by the oral and dermal exposure routes 
(Toxicity Category II), was moderately irritating to the eye and skin, 
and was a dermal sensitizer in guinea pigs. It is classified as 
Toxicity Category IV for acute inhalation toxicity and produced 
tremors, convulsions, salivation, lacrimation, diarrhea, lethargy and 
death at concentrations 647 ppm or higher.
    Consistent with the irritant properties of 1,3-dichloropropene, 
there was evidence of degenerative changes in the nasal olfactory 
epithelium and histopathological changes of the respiratory epithelium 
in rats and mice after subchronic inhalation exposure. Following 
chronic inhalation exposure, the olfactory region of the nasal cavity 
appeared to be the target organ in rats while lung adenomas were 
induced in mice. Similarly, following oral exposure, 1,3-
dichloropropene induced histopathological lesions in rats and/or mice 
including forestomach squamous cell papillomas and carcinomas, liver 
masses/neoplastic nodules, urinary bladder carcinomas, and alveolar/
brochiolaradenomas. Increases in hematopoietic activity and decreased 
body weights were also noted in dogs and mice, respectively. 
Accordingly, 1,3-dichloropropene has been classified as ``likely to be 
carcinogenic to humans'' via both the oral and inhalation routes. As a 
result, cancer potency factors (Q1*) have been calculated for both 
routes of exposure.
    Specific information on the studies received and the nature of the 
adverse effects caused by 1,3-dichloropropene and metabolites as well 
as the no-observed-adverse-effect-level (NOAEL) and the lowest 
observed-adverse-effect-level (LOAEL) from the toxicity studies can be 
found at http://www.regulations.gov. The risk assessment dated January 
24, 2008 is available in the docket established by this action, which 
is described under ADDRESSES, and is identified as EPA-HQ-OPP-2007-0637 
in that docket.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no 
appreciable risk, the toxicological level of concern (LOC) is derived 
from the highest dose at which no adverse effects are observed (the 
NOAEL) in the toxicology study identified as appropriate for use in 
risk assessment. However, if a NOAEL cannot be determined, the lowest 
dose at which adverse effects of concern are identified (the LOAEL) is 
sometimes used for risk assessment. Uncertainty/safety factors (UFs) 
are used in conjunction with the LOC to take into account uncertainties 
inherent in the extrapolation from laboratory animal data to humans and 
in the variations in sensitivity among members of the human population 
as well as other unknowns. Safety is assessed for acute and chronic 
risks by comparing aggregate exposure to the pesticide to the acute 
population adjusted dose (aPAD) and chronic population adjusted dose 
(cPAD). The aPAD and cPAD are calculated by dividing the LOC by all 
applicable UFs. Short-, intermediate-, and long-term risks are 
evaluated by comparing aggregate exposure to the LOC to ensure that the 
margin of exposure (MOE) called for by the product of all applicable 
UFs is not exceeded.
    For non-threshold risks, the Agency assumes that any amount of 
exposure will lead to some degree of risk and estimates risk in terms 
of the probability of occurrence of additional adverse cases. 
Generally, cancer risks are considered non-threshold. For more 
information on the general principles EPA uses in risk characterization 
and a complete description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm.
    A summary of the toxicological endpoints for 1,3-dichloropropene 
and metabolites used for human risk assessment can be found at http://www.regulations.gov in the document titled 1,3-Dichloropropene: 
Proposed New Use for Drip Irrigation in Vineyards: HED Human Health 
Risk Assessment at page 21 in docket ID number EPA-HQ-OPP-2007-0637.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to 1,3-dichloropropene and metabolites, EPA considered 
exposure under the petitioned-for tolerance. There are no other 
tolerances for 1,3-dichloropropene and metabolites. EPA assessed 
dietary exposures from 1,3-dichloropropene and metabolites in food as 
follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk 
assessments are performed for a food-use pesticide, if a toxicological 
study has indicated the possibility of an effect of concern occurring 
as a result of a 1-day or single exposure.
    No such effects were identified in the toxicological studies for 
1,3-dichloropropene and metabolites; therefore, a quantitative acute 
dietary exposure assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the USDA 1994-1996, 
or 1998 Continuing Survey of Food Intake by Individuals (CSFII). As to 
residue levels in food, EPA relied upon anticipated residues and 
assumed 100 percent crop treated (PCT). Residues of cis- and trans-1,3-
dichloropropene and three of the four metabolites were assumed to be at 
one-half the limit of detection (0.001 ppm) since residues were non-
detectable in all field trials at shorter pre-harvest intervals (PHI) 
than the proposed use pattern. Residues at the proposed PHI in one 
trial of one metabolite were at the limit of quantitation (0.003 ppm), 
so the LOQ was used. The metabolites were assumed to have equal 
toxicity to the parent compound, so the total anticipated residue used 
in the dietary assessment for the chronic analyses was 0.0055 ppm.
    iii. Cancer. The cancer dietary exposure assessment utilized the 
same data and assumptions used in the chronic dietary exposure 
assessment. For dietary exposure to 1,3-dichloropropene, an oral cancer 
potency factor (Q1* of 1.22 X 10-1 (mg/kg/day)-1) 
was used to assess cancer risk.
    iv. Anticipated residue and percent crop treated (PCT) information. 
Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and 
information on the anticipated residue levels of pesticide residues in 
food and the actual levels of pesticide residues that have been 
measured in food. If EPA relies on such information, EPA must pursuant 
to FFDCA section 408(f)(1) require that data be provided 5 years after 
the tolerance is established, modified, or left in effect, 
demonstrating that the levels in food are not above the levels 
anticipated. For the present action, EPA will issue such data call-ins 
as are required by FFDCA section 408(b)(2)(E) and authorized under 
FFDCA section 408(f)(1). Data will be required to be submitted no later 
than 5 years from the date of issuance of this tolerance.

[[Page 8215]]

    2. Dietary exposure from drinking water. The Agency lacks 
sufficient surface water monitoring data to complete a comprehensive 
dietary exposure analysis and risk assessment for 1,3-dichloropropene 
and metabolites in drinking water. Because the Agency does not have 
comprehensive surface water monitoring data, drinking water 
concentration estimates from surface water sources are made by reliance 
on simulation or modeling taking into account data on the environmental 
fate characteristics of 1,3-dichloropropene and metabolites. Further 
information regarding EPA drinking water models used in pesticide 
exposure assessment can be found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling 
System (PRZM/EXAMS), the estimated environmental concentrations (EECs) 
of 1,3-dichloropropene and metabolites for chronic exposures are 
estimated to be 16.2 parts per billion (ppb). The limited surface water 
monitoring data available from areas of high use did not show 
detectable residues of 1,3-dichloropropene in 123 samples.
    There is sufficient data for tap water from groundwater wells 
available for 1,3-dichloropropene and metabolites. A total of 518 wells 
were selected in the Central Columbia Plateau, Upper Snake River Basin, 
North Platte River, Albermarle-Pamlico Sound, and the George/Florida 
basins. The wells were intended to be among the most vulnerable wells 
available for sampling in each region because they were in high use 
areas, were among the shallowest in each region, and were located in 
close proximity to fields that had received 1,3-dichloropropene 
applications in the recent past. 1,3-Dichloropropene and metabolites 
were not found above 0.145 ppb in 5,800 samples.1,3-Dichloropropene or 
its degradates were detected in 12% of the wells. Only three wells had 
two detections over the course of the study; no wells had more than two 
detections. Of the approximately 5,800 samples, only 68 detections were 
observed for either the parent compound or the metabolites.
    Modeled surface water estimates of drinking water concentrations 
and the maximum ground water concentration from monitoring data were 
directly entered into the dietary exposure model. For chronic dietary 
risk assessment, the surface drinking water concentration value of 16.2 
ppb was used and the ground drinking water concentration value of 0.14 
ppb was used to assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    1,3-Dichloropropene is not registered for use on any sites that 
would result in residential exposure. However, due to the volatility of 
1,3-dichloropropene, residential bystander exposure may occur when 1,3-
dichloropropene is applied to agricultural fields near residential 
areas. Residential bystander exposure may occur because of emissions 
from treated fields. These emissions can travel to non-target areas and 
are referred to as bystander exposure. Bystander exposure can occur as 
a result of being in contact with residues that are emitted from a 
known single source (e.g., a single application to an agricultural 
field near a residential area) and from multiple sources (e.g., 
applications to numerous agricultural fields) within a localized 
agricultural region (ambient air exposure).
    i. Inhalation exposure from a single source. Acute exposures to 
bystanders from single post-plant agricultural field fumigation events 
and their associated risks were calculated using the distributional/
probabilistic modeling method. Distributional modeling was done with 
the Probabilistic Exposure and Risk Model for Fumigants (PERFUM). 
Exposures were also analyzed using the actual field study data (i.e, 
the monitoring method). Additional information on the methods used to 
assess bystander risks are given in Section 6.1.1 from the Phase 5 
Registration Eligibility Decision.: Methods Used to Calculate Bystander 
Exposures and Risks From Known Sources located at http://www.regulations.gov in docket ID number EPA-HQ-OPP-2005-0124-0052, page 
27.
    a. Acute exposure was estimated by using the maximum 24-hour time-
weighted average (TWA) from each field volatility study.
    b. Short-term exposure was estimated by using the highest 7-day 
average for each direction from each field volatility study.
    c. Intermediate-term exposures (consecutive exposures lasting 30 
days to several months) is expected to be less likely since 1,3-
dichloropropene products are only used 1 to 2 times per field each 
year.
    d. Chronic exposure is not expected since it is unlikely that 
bystanders will be continually exposed to significant concentrations of 
1,3-dichloropropene for 6 consecutive months or longer. Chronic 
exposure from multiple (ambient air) sources is more likely and 
described in section 3 (ii)(c).
    e. Cancer risks to 1,3-dichloropropene were estimated for multiple 
(ambient air) sources as that exposure scenario is more representative 
of a lifetime of exposure and are described in the following section 
3(ii)(d).
    ii. Inhalation exposure from ambient air sources. Exposure to 1,3-
dichloropropene from ambient air was evaluated using monitoring data 
from California. These data reflect existing pre-plant fumigation uses 
that are applied at rates over 10 times the rate of the proposed post-
plant fumigation use on grapes. These data consist of two basic types 
that include targeted monitoring that occurred in a high use area 
during the season of use. The other type of data was collected as part 
of the routine Toxic Air Contaminant (TAC) program and focus on 
background levels in urban environments.
    a. Acute exposure was estimated by using the maximum 24-hour time-
weighted average (TWA) from the monitoring data.
    b. Short-term and intermediate-term exposures were estimated by 
comparing the mean of the weekly mean estimate from the monitoring 
data.
    c. Chronic exposures were calculated using the targeted regional 
source ambient data. These calculations should be considered as 
rangefinder estimates of exposure only because of a lack of monitoring 
studies specifically designed for this purpose. Short- and 
intermediate-term estimates were amortized to reflect a potential for 
exposure of 180 days out of each calendar year in order to calculate 
chronic estimates of exposure. This was based on the approximate use 
patterns for 1,3-dichloropropene over a year in high use areas. Results 
based on all of these calculations, as indicated above, do not 
represent a risk concern to the Agency and in most cases risks were far 
below the target level of concern (e.g., by orders of magnitude). There 
were no ambient monitoring studies targeting areas of high use that 
collected air samples over an entire year that would be considered 
representative of a chronic exposure pattern. In these studies the 
focus was more on the actual season of use so these data were typically 
collected for only 9 weeks or so which represents the duration of the 
typical application season. However, in order to be able to evaluate 
the possibility of chronic exposures in high use areas the Agency 
utilized the seasonal mean of means from the high use areas and 
supposed that exposures could be maintained at this rate for a

[[Page 8216]]

sustained period of 6 months which is twice as long as a normal 
application season. This approach does have some uncertainty associated 
with it but the Agency believes that this approach does not 
underestimate exposure because monitoring data were collected in the 
season of use in areas of high use. Additionally, risks calculated 
based on this method, as indicated above, are typically well below the 
Agency's level of concern. In addition to using the targeted monitoring 
data, the Agency also used the urban background monitoring data to 
calculate chronic risks. In this case, the data were intentionally 
designed to be used to evaluate longer-term exposure levels. Many of 
the samples collected in this network did not even contain measurable 
residues over the course of the monitoring years in question but 
chronic risks were still evaluated as a precautionary measure.
    d. For cancer risk assessment, the lifetime average daily exposure 
(LADE) was calculated using the mean of weekly means and assumed that 
exposure lasts the length of the longest monitoring period (9 weeks/63 
days).
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative 
risk approach based on a common mechanism of toxicity, EPA has not made 
a common mechanism of toxicity finding as to 1,3-dichloropropene and 
any other substances and 1,3-dichloropropene does not appear to produce 
a toxic metabolite produced by other substances. For the purposes of 
this tolerance action, therefore, EPA has not assumed that 1,3-
dichloropropene has a common mechanism of toxicity with other 
substances. For information regarding EPA's efforts to determine which 
chemicals have a common mechanism of toxicity and to evaluate the 
cumulative effects of such chemicals, see EPA's website at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply 
an additional (``10X'') tenfold margin of safety for infants and 
children in the case of threshold effects to account for prenatal and 
postnatal toxicity and the completeness of the database on toxicity and 
exposure unless EPA determines based on reliable data that a different 
margin of safety will be safe for infants and children. This additional 
margin of safety is commonly referred to as the FQPA safety factor. In 
applying this provision, EPA either retains the default value of 10X 
when reliable data do not support the choice of a different factor, or, 
if reliable data are available, EPA uses a different additional FQPA 
safety factor value based on the use of traditional UFs and/or special 
FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. There is no evidence 
(quantitative or qualitative) of susceptibility and no residual 
uncertainties with regard to pre- and/or post-natal toxicity following 
in utero exposure to rats or rabbits and pre- and/or post-natal 
exposures to rats.
    3. Conclusion. EPA has determined that reliable data show that it 
would be safe for infants and children to reduce the FQPA safety factor 
to 1X. That decision is based on the following findings:
    i. The toxicity database for 1,3-dichloropropene is complete.
    ii. There is no indication that 1,3-dichloropropene is a neurotoxic 
chemical and there is no need for a developmental neurotoxicity study 
or additional UFs to account for neurotoxicity.
    iii. There is no evidence that 1,3-dichloropropene results in 
increased susceptibility following in utero and/or post-natal exposure 
in rats or rabbits in the prenatal developmental studies or in young 
rats in the 2-generation reproduction study.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed based 
on 100% crop treated and average anticipated residues. Conservative 
surface water modeling estimates were used, and sufficient monitoring 
data were used to assess ground water concentrations. There are no 
residential uses of 1,3-dichloropropene and conservative modeling was 
used to estimate bystander exposure. These assessments will not 
underestimate the exposure and risks posed by 1,3-dichloropropene and 
metabolites.

E. Aggregate Risks and Determination of Safety

    Safety is assessed for acute and chronic risks by comparing 
aggregate exposure to the pesticide to the acute population adjusted 
dose (aPAD) and chronic population adjusted dose (cPAD). The aPAD and 
cPAD are calculated by dividing the LOC by all applicable UFs. For 
linear cancer risks, EPA calculates the probability of additional 
cancer cases given aggregate exposure. Short-, intermediate-, and long-
term risks are evaluated by comparing aggregate exposure to the LOC to 
ensure that the margin of expsure (MOE) called for by the product of 
all applicable UFs is not exceeded.
    For the acute, short-, intermediate-, and long-term assessments, 
the toxicity endpoints selected for inhalation and dietary exposures 
should not be aggregated since no common endpoints were identified at 
the LOAEL in studies conducted via the oral or inhalation routes. 1,3-
Dichloropropene has been classified as likely to be carcinogenic to 
humans via the oral and inhalation routes. However, the types of tumors 
observed in the inhalation and oral studies were different. Therefore, 
the oral and inhalation exposures were not aggregated.
    1. Acute risk. An endpoint was not selected for acute dietary risk 
assessment because there were no effects attributable to a single dose 
(exposure) via the oral route. Therefore, 1,3-dichloropropene is not 
expected to pose an acute dietary risk.
    For residential bystander acute inhalation risk resulting from 
exposure to a single source, the lowest acute MOE was 400 based on the 
application rate in the field volatility data and the lowest acute MOE 
was 160 based on the maximum label rate. The risk estimates did not 
exceed the level of concern using the PERFUM modeling method. For 
residential bystander acute inhalation risk resulting from exposure to 
ambient air sources, the lowest acute MOE was 2,700 based on California 
ambient air monitoring data. The MOEs do not exceed the Agency's level 
of concern of < 30.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that exposure to 1,3-
dichloropropene and metabolites from food and water (ground water 
sources) will utilize < 1% of the cPAD for the most highly exposed 
population group (children 1 to 2 years old) and from food and water 
(surface water sources) will utilize < 5% of the cPAD for the most 
highly exposed population group, infants < 1 year old.
    Residential bystander chronic inhalation exposure from a single 
source is not expected to occur and therefore, does not pose an 
inhalation risk. For residential bystander chronic inhalation risk 
resulting from exposure to ambient air sources, the lowest chronic MOE 
was 130 based on California ambient air monitoring data. The MOE does 
not

[[Page 8217]]

exceed the Agency's level of concern of < 30.
    3. Short-term risk. For residential bystander short-term inhalation 
risk resulting from exposure to a single source, the lowest short-term 
MOE was 60 based on the application rate in the field volatility data 
and based on the maximum label rate. For residential bystander short-
term inhalation risk resulting from exposure to ambient air sources, 
the lowest short-term MOE was 1,700 based on California ambient air 
monitoring data. The MOEs do not exceed the Agency's level of concern 
of < 30.
    4. Intermediate-term risk. Residential bystander intermediate-term 
inhalation exposure from a single source is unlikely to occur and 
therefore, does not pose an inhalation risk. For residential bystander 
intermediate-term inhalation risk resulting from exposure to ambient 
air sources, the lowest intermediate-term MOE was 70 based on 
California ambient air monitoring data. The MOE does not exceed the 
Agency's level of concern of < 30.
    5. Aggregate cancer risk for U.S. population. The aggregated food 
and water risk represent upper bound risks for a person living in 
agricultural areas where 1,3-dichloropropene is used extensively or 
where a person obtains drinking water from an aquifer that led directly 
from an area where 1,3-dichloropropene was used. The aggregate chronic 
dietary cancer risk estimates for the general U.S. population resulting 
from exposure to 1,3-dichloropropene and metabolites in food and water 
(ground water sources) is 7 X 10-7 and from exposure to 1,3-
dichloropropene and metabolites in food and water (surface water 
sources) is 4 X 10-5.
     Although risk for drinking water from surface water sources for 
1,3-dichloropropene exceeds the Agency's level of concern (risk 
estimates generally in the range of 1 in 1 million, interpreted as > 1 
to 3 X 10-6); it should be noted that concentrations of 1,3-
dichloropropene in tap water from ground water wells were approximately 
100 times lower than those found in the field ground water study and 
several orders of magnitude lower than modeled estimates of 1,3-
dichloropropene in groundwater. Therefore, it is highly likely that 
actual drinking water concentrations of 1,3-dichloropropene from 
surface water sources would also be much lower. 1,3-Dichloropropene and 
its metabolites are highly volatile compounds, and the models used to 
generate surface water and ground water estimates are not designed for 
volatile chemicals. The limited surface water monitoring data available 
in areas of high use do not show any detections of 1,3-dichloropropene 
and its degradates. Therefore, the Agency does not have a concern for 
the aggregate cancer risk from oral exposures to 1,3-dichloropropene 
and its metabolites.
    Cancer risk was estimated using 1,3-dichloropropene ambient air 
monitoring data collected from over 20 sites over multiple years to 
estimate exposure over a lifetime. These sites were in areas of high 
use and in urban environments. The cancer risk estimates for all but 
one monitoring site, in a high use area, ranged from 2 X 
10-6 to 9 X 10-8, which are below the Agency's 
level of concern. The monitoring data for the one site resulted in a 
risk estimate of 6 X 10-6, which does exceed the Agency's 
level of concern. However, risks calculated using data from the same 
site in the following year was almost two orders of magnitude lower. 
Therefore, over a lifetime of exposure, the risk estimates would likely 
be below the level of concern. It should be noted that in more 
populated urban environments, air concentrations were below the 
analytical limit of detection in 21 of 28 sites/year combinations 
considered. In the remaining seven site/year combinations, values were 
measured but did not result in cancer risks of concern. Therefore, the 
Agency does not have a concern for the cancer risk from 1,3-
dichloropropene.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to 1,3-dichloropropene and metabolites residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Dow AgroSciences, LLC submitted a gas chromatography/
massspectroscopy (GC/MS) method, Method GRM 99.09.R1, for 
thedetermination of residues of cis- and trans-1,3-dichloropropene. The 
method was adequately validated using fortified samples of grape. 
Recoveries of cis-1,3-dichloropropene ranged from 70% to 114% and 
recoveries of trans-1,3-dichloropropene ranged from 77% to 113% from 
samples fortified at 0.003, 0.010, 0.050, and 0.50 ppm. The 
fortification levels used in method validation are adequate to bracket 
expected residue levels. Adequate independent laboratory validation 
(ILV) datawere submitted for Method GRM 99.09.R1 using samples of 
grape.
    Dow AgroSciences, LLC submitted a GC/MS method, Method GRM99.18, 
for the determination of residues of 3-chloroallyl alcohol and 3-
chloroacrylic acid. The validated LOQ is 0.003 ppm for each analytein 
grape. The method was adequately validated using fortified samplesof 
grape. Recoveries of cis-3-chloroallyl alcohol ranged from 74% to 90%, 
recoveries of trans-3-chloroallyl alcohol ranged from 82% to 95%, 
recoveries of cis-chloroacrylic acid ranged from 93% to 98%, and 
recoveries of trans-chloroacrylic acid ranged from 91% to 96% from 
samples fortified at 0.003, 0.006, and 0.030 ppm. The fortification 
levels used in method validation are adequate to bracket expected 
residue levels. The Agency has tentatively concluded that the 
metabolite method is suitable for enforcement.
    Adequate enforcement methodology (GC/MS) is available to enforcethe 
tolerance expression. The method may be requested from: 
Chief,Analytical Chemistry Branch, Environmental Science Center, 
701Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-
2905; e-mail address: [email protected].

B. International Residue Limits

    There are no Canadian or Codex Maximum Residue limits for residues 
of 1,3-dichloropropene for any commodity.

C. Conditions

    1. An independent laboratory validation of Method GRM 99.18 
andmulti-residue method testing will be required as confirmatory data.
    2. In order to refine the exposure estimates from PRZM-EXAMS, the 
following data will be required: an aerobic soil metabolism study on 
additional soils (parent and metabolites); an aerobic aquatic 
metabolism study (parent and metabolites); an aqueous photolysis study 
(indirect and parent); a soil photolysis study (parent); and a 
photolysis/oxidation in air study (parent).

V. Conclusion

    Therefore, the tolerance is established for combined residues of 
cis- and trans-1,3-dichloropropene, cis- and trans-3-chloroacrylic 
acid, and cis- and trans-3-chloroallyl alcohol, in or on grape at 0.018 
ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of 
FFDCA in response to a petition submitted to the Agency. The Office of 
Management and

[[Page 8218]]

Budget (OMB) has exempted these types of actions from review under 
Executive Order 12866, entitled Regulatory Planning and Review (58 FR 
51735, October 4, 1993). Because this rule has been exempted from 
review under Executive Order 12866, this rule is not subject to 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001) or Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997). This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., nor does it require any special considerations 
under Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under section 408(d) of FFDCA, such as the tolerance in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply.
    This final rule directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of FFDCA. As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 6, 2000) do not apply to this rule. In addition, This 
rule does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of this final rule in the Federal 
Register. This final rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: February 1, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


0
2. Section 180.636 is added to subpart C to read as follows:


Sec.  180.636  1,3-dichloropropene; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the fungicide cis- and trans-1,3-dichloropropene and its metabolites 
cis- and trans-3-chloroacrylic acid, and cis- and trans-3-chloroallyl 
alcohol in or on the following commodities.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Grape......................................................        0.018
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

[FR Doc. E8-2480 Filed 2-12-08; 8:45 am]
BILLING CODE 6560-50-S