October 12, VIA UPS (Co. No ) Ms. Melinda Bowman Valent U.S.A. Corporation 1600 Riviera Avenue Walnut Creek, CA

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1 New York State Department of Environmental Conservation Division of Materials Management Bureau of Pest Management, 11 th Floor Product Registration & Pest Management Alternatives Section 625 Broadway, Albany, New York Phone: (518) Fax: (518) Website: Alexander B. Grannis Commissioner October 12, 2010 VIA UPS (Co. No ) Ms. Melinda Bowman Valent U.S.A. Corporation 1600 Riviera Avenue Walnut Creek, CA Dear Ms. Bowman: Re: Registration of the New Active Ingredient Fluopicolide (Chemical Code ) Contained in Presidio Fungicide (EPA Reg. No ) and Stellar Fungicide (EPA Reg. No ) The New York State Department of Environmental Conservation (Department) has evaluated your application (received September 5, 2008) and supplemental materials received to date in support of the registration of the above-referenced pesticide products. Presidio Fungicide (EPA Reg. No ) contains 39.5% fluopicolide and is formulated as a suspendable concentrate. Presidio Fungicide is labeled for control and/or suppression of various fungal diseases on brassica vegetables, bulb vegetables, cucurbit vegetables, fruiting vegetables, grapes, leafy vegetables, root vegetables (except carrot, potato, and sugar beet), and sweet potatoes. The proposed final product label states that application in greenhouses is prohibited. In addition, applications are to be made on a 7 to 14 day interval with a maximum of 4 applications per season. The proposed use rates are the same for all labeled crops. The maximum use rates are 4 fluid ounces of Presidio Fungicide (0.125 lbs fluopicolide) per acre per application and 12 fluid ounces of Presidio Fungicide (0.375 lbs fluopicolide) per acre per season. Stellar Fungicide (EPA Reg. No ) contains 5.54% fluopicolide and 55.40% propamocarb hydrochloride and is formulated as a suspendable concentrate. Stellar Fungicide was initially labeled for use on commercial turf, golf course turf, residential turf, and sod farms for the control of pythium disease. However, Valent U.S.A. Corporation has opted not to pursue registration on commercial or residential turf at this time. Therefore, the proposed use sites contain only golf course turf and sod farms. A maximum of 2 applications of Stellar Fungicide may be performed per year with a 14 day interval required between applications. The proposed use rates are the same for all turf sites. The maximum use rates are 52 fluid ounces of Stellar Fungicide (0.19 lbs fluopicolide) per acre per application and 104 fluid ounces of Stellar Fungicide (0.38 lbs fluopicolide) per acre per year. The application package was deemed complete for purposes of technical review on October 2, On February 22, 2010, a technical issues letter was sent to you indicating that unresolved technical issues

2 Ms. Melinda Bowman 2 regarding environmental fate and human health prevented the Department from accepting registration. On May 3, 2010, Valent U.S.A. Corporation (Valent) submitted a response to the Department s concerns. Valent s response was sufficient to mitigate the Department s concerns regarding human health. However, concerns regarding environmental fate remained. On August 4, 2010, a Notice of the Intent to Deny letter was sent. This letter indicated that the Department proposed to deny registration unless additional information was received regarding the environmental fate of the major degradate of fluopicolide. Valent s response to this letter was received on September 8, Based on the information contained in Valent s response, the Department has determined that registration of the Presidio and Stellar products will be accepted in New York State. The Department and the New York State Department of Health evaluated the risk of the proposed uses of fluopicolide on human health, non-target organisms, and the water resources in New York State. The evaluations are shown below. HUMAN HEALTH EVALUATION The New York State Department of Health (DOH) stated that neither the new active ingredient fluopicolide nor the formulated products Stellar Fungicide and Presidio Fungicide were very toxic in acute oral, dermal and inhalation toxicity studies. The formulated products were slight eye and skin irritants, whereas fluopicolide was neither a skin nor eye irritant (tested on rabbits). In addition, neither the active ingredient nor the formulated products, was a skin sensitizer (tested on guinea pigs). Fluopicolide caused some toxicity in chronic animal feeding studies. In a one-year dog feeding study, fluopicolide caused decreased body weight gain at 1,000 milligrams per kilogram body weight per day (mg/kg/day) in males; the no-observed-effect-level (NOEL) was 300 mg/kg/day in males. No toxicity was observed in females up to a dose level of 1,000 mg/kg/day. In a chronic feeding/oncogenicity study in mice, decreased body weight and weight gain as well as liver lesions were observed at 551 mg/kg/day in males and mg/kg/day in females; the respective NOELs were 64.5 mg/kg/day and 91.9 mg/kg/day. In a chronic feeding/oncogenicity study in rats, reduced body weight gain in both sexes and increased thyroid weights and lesions in males was observed at mg/kg/day and mg/kg/day in males and females, respectively. The NOELs were 31.5 mg/kg/day in males and 41 mg/kg/day in females. Fluopicolide caused some developmental toxicity in the offspring of pregnant rabbits and rats exposed to this chemical during organogenesis at doses that also caused maternal toxicity. In the rabbit study, decreased fetal body weight and crown-rump length were reported at a maternal dose of 60 mg/kg/day; the NOEL was 20 mg/kg/day. Maternal toxicity consisted of increased mortality and abortion/premature delivery as well as decreased food consumption and weight gain at a dose of 60 mg/kg/day; the NOEL was 20 mg/kg/day. In the rat study, fluopicolide caused delayed fetal growth and skeletal defects of the thoracic vertebrae and ribs in pups and decreased body weight gain in mothers at 700 mg/kg/day; the NOEL was 60 mg/kg/day. In a multi-generation reproduction study in rats, fluopicolide did not cause any reproductive toxicity at doses up to mg/kg/day in males and mg/kg/day in females. Parental toxicity was characterized by kidney effects in both sexes and decreased weight gain in females at mg/kg/day in males and mg/kg/day in females; the respective NOELs were 36.4 mg/kg/day and 41 mg/kg/day. The U.S. Environmental Protection Agency (U.S. EPA), Office of Pesticide Programs (OPP)

3 Ms. Melinda Bowman 3 established a reference dose (RfD) for the general population of 0.2 mg/kg/day based on the NOEL of 20 mg/kg/day from the developmental toxicity study in rabbits and an uncertainty factor of 100. This RfD has not yet been adopted by the U.S. EPA s Integrated Risk Information System (IRIS). Fluopicolide was mostly negative in a number of genotoxicity studies. This compound did not cause oncogenic effects in the rat chronic feeding study, but did cause an increase in the incidence of hepatocellular adenomas at the highest dose levels (551.0 mg/kg/day in males and mg/kg/day in females) in the mouse chronic feeding study. The registrant conducted a number of in vivo and in vitro liver studies to support a non-genotoxic, mitogenic mode of action for the development of these tumors. Based on an evaluation of these data, the U.S. EPA determined that the carcinogenic effects were not likely at doses that do not cause perturbations of the liver and classified fluopicolide as not likely to be carcinogenic to humans. The U.S. EPA established tolerances for fluopicolide residues in or on a number of crops (Federal Register 73 (No. 20): 5,450 5,455; January 30, 2008). The chronic population adjusted dose (cpad) for fluopicolide for the general public is 0.2 mg/kg/day and has the same basis as the RfD. The U.S. EPA estimated that the chronic dietary exposure from food and drinking water to fluopicolide residues from all registered uses would be 6 percent of the cpad for the general population, 4 percent for all infants, and 9 percent for children 1-2 years old (the most highly exposed subgroup). This chronic exposure analysis is based on the conservative assumptions that 100 percent of the crops are treated and that these treated crops contain tolerance level residues. The U.S. EPA conducted an occupational risk assessment for combined dermal and inhalation exposures to fluopicolide from use on agricultural crops and turf. For determining margins of exposure (MOEs), the U.S. EPA compared estimated combined short-term and intermediate-term dermal and inhalation exposures to a NOEL of 20 mg/kg/day from the developmental toxicity study in rabbits. These occupational exposure estimates assumed an experimentally derived dermal absorption of 37 percent and 100 percent inhalation absorption. For commercial mixer/loaders, applicators and flaggers (supporting aerial applications) of Presidio Herbicide to agricultural crops, MOEs were estimated to be between 110 and 19,000. These MOEs assume that gloves were not used (chemical-resistant gloves are required on the label), except for the mixer/loader in support of aerial application scenario for which the MOE is 2,700. MOEs for commerical mixer/loaders, applicators and mixer/loader/applicators of Stellar Herbicide to turf (golf courses and sod farms) were estimated to be between 5,700 and 10,000, when glove use was assumed. Post-application dermal MOEs for exposure to fluopicolide were estimated for several scenarios; inhalation exposure was expected to be minimal. Post-application MOEs for Presidio use on labeled agricultural crops were estimated to range between 190 and 3,200 on Day 0 depending on the crop and the post-application activity involved, with the exception of grapes. The estimated post-application MOE for girdling and cane turning of grapes was estimated to be 96 on day 0 (assumed in the assessment as being after the residues had dried- about 12 hours after the application) and 110 one day after application. Short/intermediate-term MOEs for post-application exposure to turf were estimated to be 390 for sod harvesting and transplanting and 790 for mowing and other maintenance activities. These occupational exposure estimates assumed a dermal absorption of 37 percent and that workers wore chemical-resistant gloves, long-sleeved shirt and pants and shoes plus socks as per label requirements. The post-application MOEs from Stellar application to turf were estimated to be 740 for adults (for activities such as playing golf)

4 Ms. Melinda Bowman 4 and 450 for children (includes direct dermal exposure and ingestion exposure from hand-to-mouth, object-tomouth and soil consumption pathways). The U.S. EPA considers MOEs of 100-fold or greater to provide adequate protection for worker and residential exposures to fluopicolide. There are no chemical specific federal or New York State drinking water/groundwater standards for fluopicolide. Based on its chemical structure, fluopicolide and its metabolites fall under the 50 microgram per liter (µg/l) New York State drinking water standard for unspecified organic contaminants (10 NYCRR Part 5, Public Water Systems). The available information on fluopicolide and Stellar Fungicide/Presidio Fungicide indicates that neither the active ingredient nor the formulated products were very acutely toxic, irritating nor sensitizing in laboratory animal studies. Furthermore, fluopicolide was classified by the U.S. EPA as not likely to be carcinogenic to humans. Although data from chronic, developmental and reproductive toxicity studies showed that this chemical has the potential to cause some toxicity, the estimated risks to workers from use of Stellar Fungicide/Presidio Fungicide (with one exception as discussed below) and from dietary exposure to fluopicolide residues in foods and drinking water are within the range that is generally considered acceptable. Direct exposure of the general public to the Stellar and Presidio products should be minimal given that these products would only be used on agricultural crops, golf courses and sod farms. Given the above, the Department of Health did not object to the registration of Stellar Fungicide in New York State. However, the DOH did not support the registration of Presidio Fungicide at that time due to a label discrepancy. The U.S. EPA estimated that the post-application occupational risks for grape cultivation do not reach the target level of 100 or above until one day after application; the estimated MOE was less than this target level at about 12 hours following the Presidio treatment. However, in the Agricultural Use Requirements section of the Presidio label, a 12-hour restricted entry interval (REI) is listed instead of the estimated 24-hour REI necessary to adequately mitigate post-application risks to workers handling grape vines. The DOH was willing to support registration of Presidio Fungicide in the State if the label was changed to have a 24 hour REI or if the registrant provided an adequate explanation as to why a 24 hour REI is not necessary for use on grapes. In response to these concerns, the registrant submitted additional data and supporting arguments as to why a 12-hour REI for use on grapes was adequate to mitigate potential risks to workers handling grape vines. The registrant asserted that the toxicity database for fluopicolide was complete and has few or no toxicology red flags. The U.S. EPA similarly states that fluopicolide has few or no biologically significant toxic effects at relatively low-dose levels in animal studies and only mild or no toxic effects at high doses. In addition, the registrant argued that the dermal risks estimated by the U.S. EPA in its occupational risk assessments for fluopicolide are overly conservative. The U.S. EPA estimated post-application dermal risks to workers using a toxicology endpoint of 20 milligrams of fluopicolide per kilogram body weight per day (mg/kg/day); the no-observed-effect-level (NOEL) from a developmental toxicity study in rabbits. However, a 21-day dermal toxicity study in rabbits did not show any dermal or systemic effects up to the limit dose of 1,000 mg/kg/day. Rabbits are considered the most sensitive species to fluopicolide and the use of the developmental toxicity NOEL would be conservatively protective of all populations. Data supplied by the registrant also indicates that although a dermal absorption factor of 37 percent was used in the U.S. EPA

5 Ms. Melinda Bowman 5 dermal risk assessments, human skin is up to ten times less permeable to fluopicolide than rat skin, the implication being that rabbit skin would also be more permeable than human skin. The registrant feels that these data make the U.S. EPA's dermal risk estimates even more conservative. Finally, the registrant contends that the U.S. EPA should have used a dislodgeable foliar residue (DFR) value of 0.36 micrograms per square centimeter (μg/cm 2 ) instead of 0.42 μg/cm 2 when estimating post-application dermal risks for workers handling grape vines. The difference in DFR values arises from the average field fortification value used by the U.S. EPA (80.5 percent) and the registrant (98.8 percent). The registrant supplied data would seem to support a DFR value of 98.8 percent be used to estimate post-application dermal risks to workers. Therefore, the combined short/intermediate-term post-application MOE for dermal exposure to fluopicolide via girdling and cane turning of grapes would be 113 on day 0. The registrant also provided some information about the standard practices for grape cultivation. According to Dr. Wayne Wilcox, Cornell University, fresh market/table grapes receive the most hand labor (such as girdling and cane turning), whereas grapes grown for processing (wine, juice, jellies) receive the least. Dr. Wilcox states that New York's grapes are destined almost entirely (>99%) for the wine and processing markets. Therefore, the intensive post-application hand labor practices of girdling and cane turning would not be practiced in the State. The information supplied by the registrant indicates that a 12-hour REI would be adequately protective of post-application dermal risks from fluopicolide to workers handling grape vines in New York State. Given the above, the New York State Department of Health does not object to the registration of Presidio Fungicide. ECOLOGICAL EFFECTS EVALUATION The following technical review was performed by the Bureau of Habitat within the Department s Division of Fish, Wildlife & Marine Resources. Chemical Description & Mode of Action: Fluopicolide, 2,6-dichloro-N-[[3-chloro-5-(trifluoromethyl)-2-pyridinyl]methyl]benzamide, is a new fungicide active ingredient of the benzamide and/or pyridine chemical class. A description of the mode of action on the Presidio label states that ABiochemical studies have shown that fluopicolide has an effect on spectrin-like proteins, believed to play a role in maintaining the membrane stability in ascomycete fungi or oomycetes, especially during hyphal tip extension. Microscopy studies demonstrate that fluopicolide induces a quick redistribution of these proteins from the membrane to the cytoplasm in both hyphae and zoospores.@ Yet, later the label states that as with other Group 43 fungicides fluopicolide has a specific target site of action but the detailed biochemical mode of action is not known. EPA review documents give a description of fluopicolide effects and it=s mesosystemic nature (translocates toward stem tips but not toward the roots) but do not describe a specific mode of action i.e. they describe post-application effects or symptoms but not how or why they occur. Fluopicolide has a water solubility of 2.8 mg/l (ppm). Its octanol/water partition coefficient, K OW, is

6 Ms. Melinda Bowman suggesting a low potential for bioaccumulation. A fish bioaccumulation study yielded average results (2 exposures bioconcentration factors, BCFs, for edible, non-edible, and whole fish of 50X, 104X, and 135X respectively). Fluopicolide vapor pressure is 6x10-10 mmhg, volatilization will not contribute significantly to its dissipation. Its soil organic carbon partitioning coefficient, K OC, ranged from in 7 different soils, with a mean of 235. A K OC in this range suggests the potential for moderate post-application mobility. Toxicity & Environmental Fate: Fluopicolide is practically non-toxic to birds or mammals on an acute basis but, as with almost any substance, can cause toxicity with extended high level exposures. As is often the case with fungicides, aquatic organisms are more sensitive. Fluopicolide is moderately to highly toxic to most test species for which test results were submitted. It is very highly toxic to marine/estuarine diatoms. A total of 24 acceptable genotoxicity or mutagenicity studies were submitted. All showed negative results except 2. In one test fluopicolide was mutagenic at very high, precipitating, concentrations. In another it was described as clastogenic (induces disruption or breakages, as in chromosomes) at high concentrations. In a honey bee acute contact study the fluopicolide LC 50 was determined to be greater than 100 µg/bee, the NOEC was equal to 100 µg/bee. Fluopicolide is therefore classified as being practically nontoxic to the honey bee. Fluopicolide is moderately persistent post application. It is stable to hydrolysis and only slowly subject to soil and photolysis with half-lives, T 1/2 s, of 182 and 170 days respectively. Laboratory aerobic soil degradation studies yielded T 1/2 s days, observed 50% dissipation times, DT 50, ranged from days. It is stable to anaerobic microbial degradation. Terrestrial field dissipation trials were conducted in California, Florida, Washington, and Wisconsin. Fluopicolide proved to be slightly less persistent and less mobile in the field than laboratory work would predict. In the CA and WI studies dissipation was bi-phasic. The initial T 1/2 s were 31 and 48 days respectively, secondary T 1/2 s were 118 and 347 days. The remaining 2 studies did not report a bi-phasic pattern, T 1/2 s were 148 days in FL and 315 days in WA. The field trials ranged in length from days with a mean of 544 days. At study termination the amount of parent compound remaining ranged from 3.1% in CA to 18.9% in WI, the mean was 10.3%. Parent fluopicolide remained in the top 15 cm of soil in the WA plots, reached the cm deep layer in CA and WI, and was mostly above the 45 cm depth in FL (parent was identified in 2 replicates slightly deeper). EPA reviewers state that the lower than expected mobility observed in the field is due to fluopicolide=s Atime dependent increase in K oc.@ Further description of this phenomenon is not provided. No major degradates were identified in any of the field dissipation trials.

7 Ms. Melinda Bowman 7 Exposure Modeling & Risk Assessment: Standard Bureau of Habitat non-target screening exposure modeling was conducted for fluopicolide as used in the Presidio and Stellar products. The exposure modeling for fluopicolide in Presidio was conducted using the highest single and degradation-adjusted seasonal maximum application rates. Vegetation residues used in Avtox and Mamtox modeling are the upper bound or highest likely to result from the seasonal rate. At these upper bound exposures, the only toxicity thresholds exceeded are for the marine diatom in both direct surface water application and runoff scenarios. Upper bound vegetation residues resulting from an application exceed avian chronic feeding NOELs on the highest 3 food groups. They also exceed a mammalian LOEL at the highest residue level as well as the NOEL for the highest 4 food groups. At the lower (more likely) residue levels, the mammalian LOEL is not exceeded. Presidio and Stellar are not likely to adversely impact non-target resources in any significant way when used as labeled. The marine diatom thresholds exceeded by fluopicolide are all NOEC thresholds, an LC 50 is not exceeded. The included runoff scenarios are based on post-application mobility predicted by it=s K OW. Observed field mobility is less than predicted and decreases over time. The threat to the diatoms will be less than the low levels depicted in the runoff modeling results. The intersection of what little aerial application that occurs in NY and crop use near marine/estuarine habitat is likely to be minimal to nonexistent. Given the above, Bureau of Habitat staff do not object to the registration of Presidio Fungicide and Stellar Fungicide in New York State. ENVIRONMENTAL FATE EVALUATION Major Transformation Product: BAM = AE C = 2,6-dichlorobenzamide Solubility: The solubility of fluopicolide is 3.02 mg/l. Solubility of BAM: According to the July 2, 2007 EPA Drinking Water Assessment, the solubility of BAM is 2700 mg/l. Hydrolysis: (MRID ) In a study that EPA found acceptable, fluopicolide hydrolyzed very slowly to BAM at phs 5 through 9. Half-lives were not calculated because the data would be extrapolated well beyond the duration of the study. Hydrolysis of BAM: (MRID ) In a study that EPA found supplemental, BAM was stable to hydrolysis; half-lives could not be calculated.

8 Ms. Melinda Bowman 8 Aqueous Photolysis: (MRID ) In a study that EPA found acceptable, fluopicolide was stable to hydrolysis at ph 7. Soil Photolysis: (MRID ) In a study that EPA found acceptable, fluopicolide had an environmental phototransformation half-life of 80 days in a sandy loam soil (ph 7.3, % OC 2.4). (MRID ) In a study that EPA found acceptable, fluopicolide had an environmental phototransformation half-life of about 182 days in a sandy loam soil (ph 7.4, % OC 2.1). Aerobic Soil Metabolism: (MRID data from EFED October 30, 2007 memo) The observed half-life had values of greater than 120 days. Major transformation product BAM was found at 14.4% of applied at 56 days. (MRID ) In a study that EPA found acceptable, fluopicolide had an observed half-life of days in a sandy clay loam soil (ph 5.9, % OC 3.5). Major transformation product BAM was found at 40.2% of applied. In a loamy sand soil, the observed half-life was 369 days (ph 6.3, % OC 1.6). Major transformation product BAM was found at 20.5% of applied. Aerobic Soil Metabolism of BAM: According to the July 2, 2007 EPA Drinking Water Assessment, the half-life of BAM was assumed to be 365 days. Adsorption/Desorption: (MRID ) EPA found this study acceptable. Soil ph %OC Adsorption K oc Desorption K oc Loam Sand Sandy loam EFS EFS EFS EFS Adsorption/Desorption of BAM: According to the July 2, 2007 EPA Drinking Water Assessment, the K oc of BAM is 30. Anaerobic Soil/Water Metabolism: (MRID ) In a study that EPA found acceptable, in a pond water (ph 6.55)-sandy loam sediment (ph 5.7, % OC 7.6) fluopicolide had an observed half-life in water of 7-30 days, in sediment of greater than 365 days, and in the total system of greater than 365 days. No major transformation products were found. Field Dissipation: (Taken from the October 30, 2007 EFED Risk Assessment) In a Florida test plot, fluopicolide was detected in the cm soil depth at a maximum concentration of mg/kg at 182 days (two replicates) and cm depth at a maximum of mg/kg (single replicate). No major transformation products were detected in the soil at greater than 10% of applied. Fluopicolide had a half-life of 148 days, although EPA felt this number was questionable due to variability in the data set.

9 Ms. Melinda Bowman 9 In a Wisconsin test plot, fluopicolide was detected in the cm soil depth at a maximum concentration of mg/kg at 547 days (two replicates). No major transformation products were detected in the soil at greater than 10% of applied. Fluopicolide had a half-life of 347 days. In a California test plot, fluopicolide was detected in the cm soil depth at a maximum concentration of mg/kg at 59 days (single replicate). No major transformation products were detected in the soil at greater than 10% of applied. Fluopicolide had a half-life of 118 days. In a Washington test plot, fluopicolide was detected in the cm soil depth at mg/kg at 542 days, and was not detected below this depth in the soil. No major transformation products were detected in the soil at greater than 10% of applied. Fluopicolide had a half-life of 315 days. EPA Comments: EPA indicated that fluopicolide is unlikely to leach in soil but its moderate water solubility suggests the potential for runoff in storm or irrigation water. Guideline fate studies were not available for BAM; therefore literature studies were used to assess the fate properties. Two environmental fate uncertainties related to BAM are mobility and persistence. For mobility, a K oc of 30 was referenced in a Danish report which indicates a mobile class. However, based on the chemical structure of BAM, PCKOCWIN of the EPI Suite predicts a K oc of 141, which indicates a moderately mobile class. The lower value of 30 was used in this risk assessment to provide more conservative estimates. According to the EFED memo, BAM is persistent on nonpesticide-contaminated soils with nonadapted microorganisms. With its relatively low K oc of 30, BAM is expected to leach into groundwater through soil, and this has been confirmed in samples from water supply wells analyzed for BAM. Computer Modeling: Modeling was performed on fluopicolide using a K oc of 341, a half-life of 273, and an application rate of lb ai/a/yr. The model projected leaching between 1.5 and 3 ppb. Initial modeling of BAM was performed using a K oc of 30, a half-life of 365 days and an application rate of 0.15 lb ai/a/yr (40.2% of lb ai/a/yr), the model projected cyclic peaks between 10 and 35 ppb. Modeling the higher, less conservative K oc of 141, the model predicted cyclic peaks between 5 and 9 ppb. Environmental Fate Determination and Valent Response: On January 14, 2010, staff objected to the registration of fluopicolide as labeled due to the potential negative impact to groundwater from the major transformation product BAM. Valent was notified of the Department s concerns and in responses dated April 14, 2010 and September 8, 2010, they presented information to address the Department s concerns. Valent submitted a response entitled Fluopicolide: Response to New York State Department of Environmental Conservation for BAM Leaching. Staff reviewed this response and agree with Valent that the modeling should be conducted with the field dissipation half-lives in the day range rather than the one year value used by the U.S. EPA. In the EFED Drinking Water Exposure Assessment for Fluopicolide Uses on Grapes, Vegetables, Potatoes, Sugar Beets, Onions and Turf Exposure of 2,6- Dichlorobenzamide (BAM), dated May 3, 2007, the U.S. EPA indicated that for modeling purposes the soil half-life they used was one year. EFED indicated that this assumption is conservative since BAM is persistent in nonpesticide-contaminated soils with non-adapted microorganisms. The Department believes that there would be very few agricultural fields or turf areas in NYS that have not been

10 Ms. Melinda Bowman 10 previously treated with some type of pesticide, thus the microorganisms would be adapted to pesticide degradation. Valent previously provided data for the half-life of BAM from the field dissipation summaries provided in the EFED memo dated October 30, These half-lives were 37 days in a Florida sand, 32 days in a Wisconsin sand/loamy sand, 11 days in a California sand and 39 days in a Washington loamy sand. BAM was not found at >10%. Revised Computer Modeling of BAM: Application K oc T ½ Concentration ppb 40.2% of lb % of lb Environmental Fate Summary: Fluopicolide is moderately persistent. Modeling on the parent using the shorter half-life and the higher Koc (sandy loam) projects leaching at ppb. Modeling of the major degradate BAM using a half-life of one year projected leaching at cyclic peaks between 10 and 35 ppb. Based on the initial modeling, staff objected to the registration of this product in New York State. Valent s response to this objection contended that the actual field derived half-life data for BAM that was included in the Terrestrial Soil Dissipation Study was more appropriate for modeling purposes. Upon review, staff agreed with this position. Using the field dissipation half-lives, modeling projects peaks up to 5.5 ppb in the groundwater. However, this assumes that 100% of available degradate leaches to the groundwater. In reality, interception and uptake by the plants decreases the amount available to leach. Hence, the amount anticipated to reach groundwater would be less than that projected. Therefore, staff do not object to the registration of this product in NYS, but do recommend that it be registered as restricted use. This will ensure that the products are used by trained applicators. REGISTRATION DECISION Valent U.S.A. Corporation has sufficiently mitigated the concerns expressed during the technical review of the new active ingredient fluopicolide. Therefore, the Department has registered Presidio Fungicide (EPA Reg. No ) and Stellar Fungicide (EPA Reg. No ) for use in New York State. Enclosed for your record are copies of the Certificate of Pesticide Registration and stamped Accepted for Registration labels. Please note the yes under the restriction column on the enclosed Certificate of Pesticide Registration and the Classified for Restricted Use in New York State stamp on the enclosed product labels. As such, each product is restricted in its purchase, distribution, sale, use and possession in New York State. Furthermore, each product may only be purchased and used by a certified applicator in New York State. The New York State Department of Environmental Conservation Regulations 6 NYCRR 326.3(a) state: It shall be unlawful for any person to distribute, sell, offer for sale, purchase for the purpose of resale, or possess for the purpose of resale, any restricted pesticide unless said person shall have applied for, and been issued a commercial permit.

11 Ms. Melinda Bowman 11 Should you require information to obtain a commercial permit, please contact the Pesticide Reporting and Certification Section, at (518) The Pesticide Reporting Law within Environmental Conservation Law Article 33 Title 12 requires all certified commercial pesticide applicators to report information annually to the Department regarding each pesticide application they make. Commercial pesticide retailers are required to report all sales of restricted pesticide products and sales of general use pesticide products to private applicators for use in agricultural crop production. If no sales are made within New York State, a report must be filed with the Department indicating this is the case. If you need information relating to the Pesticide Reporting Law, or annual report forms, please visit the Department s website at or call (518) Please note that a proposal by Valent U.S.A. Corporation or any other registrant to register a product that contains fluopicolide, and whose labeled uses are likely to increase the potential for significant impact on humans, nontarget organisms, or the environment, would constitute a major change in labeling. Such an application must be accompanied by a new application fee and meet the requirements listed in Appendix 1.B. of New York State Pesticide Product Registration Procedures (April 2009). Such information, as well as forms, can be accessed at our website as listed in our letterhead. Please contact Shaun Peterson, at , if you have any questions regarding this letter. Enclosures Sincerely, Jeanine M. Broughel Jeanine M. Broughel Environmental Chemist 2 Bureau of Pest Management Ecc w/enc: W. Smith, Cornell University, PSUR