December 11, Ms. Beth Anderson Arysta LifeScience North America, LLC Weston Parkway, Suite 150 Cary, NC Dear Ms.

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1 New York State Department of Environmental Conservation Division of Materials Management Bureau of Pest Management Pesticide Product Registration Section 625 Broadway, Albany, New York Phone: (518) Fax: (518) Website: Joe Martens Commissioner December 11, 2014 Ms. Beth Anderson Arysta LifeScience North America, LLC Weston Parkway, Suite 150 Cary, NC Dear Ms. Anderson: Re: Registration of Evito 480 SC Fungicide and Disarm 480 SC Fungicide Containing the New Active Ingredient Fluoxastrobin (Chemical Code ) The New York State Department of Environmental Conservation (Department) has evaluated your application (received November 27, 2013) and supplemental materials received to date in support of the registration of the above-referenced pesticide products. This application is a resubmission of an application that was withdrawn by Arysta LifeScience North America (Arysta) on September 17, Disarm 480 SC Fungicide (EPA Reg. No ) contains 40.3% fluoxastrobin formulated as a suspension concentrate. It is labeled for control of various fungal diseases in turf and ornamentals. The maximum application rates are 16 fluid ounces of product (0.50 pounds of fluoxastrobin) per acre per application and 68.4 fluid ounces of product (2.13 pounds of fluoxastrobin) per acre per year. Evito 480 SC Fungicide (EPA Reg. No ) contains 40.3% fluoxastrobin formulated as a suspension concentrate. It is labeled for control of various fungal diseases in agricultural crops. Application methods include ground foliar, in-furrow and banded soil treatment, aerial, and chemigation. The maximum application rates are 5.7 fluid ounces of product (0.18 pounds of fluoxastrobin) per acre per application and 22.8 fluid ounces of product (0.72 pounds of fluoxastrobin) per acre per year. The application package was deemed complete for purposes of technical review on April 11, Pursuant to the review time frame specified in Environmental Conservation Law , a registration decision date of September 8, 2014 was established. Technical reviews of the proposed uses included on the Disarm and Evito labels have been performed by the Department and the New York State Department of Health. These reviews encompassed the expected impacts of labeled use of the subject products with respect to human health, ecological effects and environmental fate. The technical reviews are presented in the Appendix of this letter.

2 Ms. Beth Anderson 2. The human health review did not result in an objection to registration of the subject products. Both the environmental fate and the ecological effects reviews resulted in objections to registration due to the persistence of fluoxastrobin and its degradates in the environment. Specifically, the Department was concerned about the risk to groundwater resources and chronic exposures to marine invertebrates. On August 13, 2014, the Department sent a technical issues letter describing these concerns. On September 5, 2014, Arysta agreed to add the following mitigative language: 1) The Evito 480 SC Fungicide product label will state Aerial application of this product is prohibited in New York State under the aerial application heading. Note: The Disarm product does not contain aerial application instructions. The prohibition will be required if such instructions are added in the future. 2) Both product labels will state Sale, use, and distribution of this product in Nassau and Suffolk Counties of New York State is prohibited. 3) Both product labels will state In New York State, this product may not be applied within 100 feet of a coastal marsh or stream that drains directly into a coastal marsh. Additionally, the Department informed Arysta that both products will be classified as restricted use pesticides in New York State, as per 6 NYCRR (e). Updated product labels were received by the Department on December 5, This labeling mitigates all of the Department s concerns regarding the potential impacts of the use of fluoxastrobin to the resources of New York State. As a result, Evito 480 SC Fungicide and Disarm 480 SC Fungicide have been registered 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 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. Should you require information to obtain a commercial permit, please contact the Pesticide Reporting and Certification Section, at 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

3 Ms. Beth Anderson 3. 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 Please note that a proposal by Arysta or any other registrant to register a product that contains fluoxastrobin, 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, of our Pesticide Product Registration Section, at , if you have any questions regarding this letter. Enclosures Sincerely, Scott Menrath Scott Menrath, P.E. Director Bureau of Pest Management

4 Ms. Beth Anderson 4. Appendix Human Health Assessment The following assessment was produced by staff within the Bureau of Toxic Substance Assessment at the New York State Department of Health (DOH): In the previous review of the Disarm and Evito products DOH staff indicated generic concerns for registering food use pesticides that have carcinogenic potential unless the needs for the product are significant or it replaces products that pose greater risks. Fluoxastrobin caused some oncogenic effects (a statistically significant increased trend for uterine adenocarcinomas and an increased trend for thyroid follicular cell adenomas) in female rats, but not in mice of either sex or in male rats. The U.S. Environmental Protection Agency (U.S. EPA) classified fluoxastrobin as not likely to be carcinogenic to humans based on the fact that the observed increase in uterine adenocarcinomas and thyroid follicular cell adenomas did not exceed the historical control values for these two tumor types. Although the evidence for the carcinogenic potential of fluoxastrobin is limited, the DOH noted a lack of detailed information to more accurately characterize this potential. More specifically, the U.S. EPA Cancer Assessment Review Committee (CARC) has not conducted a full evaluation of this active ingredient and the Data Evaluation Record report (DER) for the rat chronic feeding/carcinogenicity study did not provide adequate enough details to help define tumorigenesis in the female rats (e.g., dose-related reductions in time-to-tumor formation, accompanying pathology associated with the progression of tumor development, altered hormone levels). Consequently, DOH objected to the registration of Evito 480 SC Fungicide 1 in the State and recommended that the registrant provide either a detailed evaluation of the carcinogenicity of fluoxastrobin or a comparison of application rates, toxicological characteristics (including carcinogenicity) as well as dietary and occupational risks for this active ingredient compared to currently-registered alternative fungicide active ingredients labeled for use on the same or similar crops in the State. Registrant Response In response to concerns communicated by DOH, the registrant provided in their latest submission a comparison of the carcinogenicity, use rates, and dietary/occupational risks of fluoxastrobin to other strobilurin fungicide active ingredients (azoxystrobin, pyraclostrobin, trifloxystrobin) currently registered for similar crop use in the state. Although DOH requested a comparison to alternative active ingredients, the registrant asserted that a comparison of fluoxastrobin to alternative, non-strobilurin fungicide active ingredients would not be useful because strobilurin fungicides are used as partners to other fungicides and not as replacements. The DOH independently verified this assertion with Cornell University s Plant Pathology website 2, which gives the following recommendations: Apply strobilurins in alternation with other systemic fungicides that have a different mode of action when these are registered for the 1 DOH did not object to the registration of Disarm 480 SC Fungicide since it is labeled for use on turf and ornamentals, but not food crops. 2 Cornell University, Department of Plant Pathology, Vegetable MD Online Accessed 7/1/14.

5 Ms. Beth Anderson 5. target disease. Do not alternate among strobilurins because they all have the same mode of action. According to the information provided by the registrant, these structurally similar strobilurin fungicides have limited carcinogenic potential and are classified by the U.S. EPA as not likely to be carcinogenic to humans. The maximum food use application rate per acre per season for fluoxastrobin and pyraclostrobin were similar and three-fold lower than the application rate for trifloxystrobin. Estimated dietary risks (expressed as a percentage of the chronic population adjusted dose) were lower for fluoxastrobin compared to pyraclostrobin and trifloxystrobin. In addition, occupational risks from the use of fluoxastrobin on food crops and turf were less than pyraclostrobin and trifloxystrobin; an occupational risk assessment was not performed for azoxystrobin because no toxicity endpoints of concern were identified. Overall, fluoxastrobin may pose lesser dietary and occupational risk than alternative strobilurin fungicides currently registered for use in the state. Drinking Water/Groundwater Standards There are no chemical specific federal or New York State drinking water/groundwater standards for fluoxastrobin or its degradates. Based on its chemical structure, this chemical falls under the 50 micrograms per liter (µg/l) New York State drinking water standard for unspecified organic contaminants (10 NYCRR Part 5, Public Water Systems). In addition, the U.S. EPA has established a chronic, non-cancer Human Health Benchmark concentration (i.e., level in drinking water at or below which adverse health effects are not anticipated from lifetime exposure) for fluoxastrobin of 105 µg/l. These Benchmark guideline values have been developed for pesticide active ingredients that may be found in surface or ground water sources of drinking water to enable stakeholders to better determine whether the detection of a pesticide in drinking water or source waters for drinking water may indicate a potential health risk. DOH Summary/Recommendation DOH generally has concerns for registering food use pesticides in the State that have carcinogenic potential unless the needs for the product are significant or it replaces products that pose greater risks. Although fluoxastrobin was classified as not likely to be carcinogenic to humans by the U.S. EPA, it caused some, albeit limited, oncogenic effects in female rats. However, DOH acknowledges that the evidence for the carcinogenicity of fluoxastrobin is weak and the toxicity database would not fit the definition of an oncogen according to the Water Quality Standards Program (6 NYCRR Part 700.1). The comparison submitted by the registrant adequately addresses our concerns for the use of fluoxastrobin in the state and indicates that it could potentially lessen the overall use of and/or replace alternative strobilurin fungicides with more problematic risk profiles. Given the above, DOH does not object to the registration of Disarm 480 SC Fungicide and Evito 480 SC Fungicide in the State. Environmental Fate Assessment: The following assessment was produced by the Department s Engineering Geology staff within the Bureau of Pest Management:

6 Ms. Beth Anderson 6. Based on the groundwater environmental fate technical review and as summarized below, there is a potential for both the active ingredient fluoxastrobin and the major degradate, E-deschlorophenyl, to leach from the soil column when applied at the maximum seasonal application rate of 2.13 pounds of active ingredient per acre. The LEACHP modeling predicts that fluoxastrobin and E-des-chlorophenyl will leach from a Riverhead soil type at concentrations up to 20.1 ppb and 12 ppb respectively. These concentrations are approaching 50% and 25% of the NYSDOH drinking water criteria of 50 ppb for unspecified organic contaminants (UOCs). The details of the environmental fate study findings along with the LEACHP modeling results are summarized in the following sections. As part of this environmental fate technical review, emphasis has been placed on study results that allow for a comparison to soil conditions that occur in Nassau and Suffolk Counties. Specifically, this includes study results derived from soil types containing a higher percentage of sand (preferably greater than 85%), a ph of approximately 5.5, and a percent organic matter of approximately one percent or less. 1) Summary of Environmental Fate Studies Based on the environmental fate studies provided by the registrant, Table 1 below summarizes the major transformation products/degradates of the parent fluoxastrobin. The active ingredient fluoxastrobin contains a nominal concentration of 93.73% and 1.12 % of the E-isomer and Z- isomer respectively. E-des-chlorophenyl was the only major degradate that formed during the aerobic soil metabolism study. Although oxazepine and carboxylic acid formed during the aqueous photolysis and anaerobic aquatic metabolism studies respectively, these two degradates do not represent a significant concern relative to groundwater. As such, oxazepine and carboxylic acid will not be evaluated further as part of this technical review. Table 1 Summary of Major Fluoxastrobin Transformation Products Environmental Fate Study Aqueous Photolysis Aerobic Soil Metabolism Aerobic Aquatic Metabolism Water-Sediment system Anaerobic Aquatic Metabolism Water-Sediment system Major Transformation Product Formed Oxazepine E-des-chlorophenyl E-des-chlorophenyl Carboxylic acid Aqueous Solubility MRID: and EPA Study Acceptability: Acceptable As summarized in Table 2, the aqueous solubility for the parent compound fluoxastrobin was determined to be mg/l (ppm) based on a product chemistry study and the solubility for E- des-chlorophenyl, was determined to be 3,400 mg/l based on an adsorption/desorption study. These solubility values will be used as LEACHP model input parameters to evaluate groundwater leaching potential.

7 Ms. Beth Anderson 7. Table 2 Aqueous Solubility Values Compound Aqueous Solubility (mg/l) fluoxastrobin E-des-chlorophenyl (major degradate) 3,400 Aqueous Hydrolysis EPA Study Acceptability: Supplemental MRID: and ( ) and Unacceptable ( ) In two separate studies, fluoxastrobin was found to be stable to hydrolysis at ph values of 4, 7, and 9. Both studies suggest that there are no major and no minor transformation products that form under hydrolysis. Aqueous Photolysis MRID: , , and EPA Study Acceptability: Acceptable ( and ) and Supplemental ( ) Two of the aqueous photolysis studies (MRID Nos and ) indicate that fluoxastrobin completely degrades to HEC 5725-oxazepine, phenoxy-amino-pyrimidine, and several polar metabolites. HEC 5725-oxazepine was the only major transformation product (greater than 10%) and was present at 23.6% of the amount applied during the aqueous photolysis study. The phototransformation half-life of fluoxastrobin was estimated at 4.1 days. The study author calculated that the HEC 5725-oxazepine half-life was estimated at 111 days. In a third aqueous photolysis study (MRID No ), the half-life of total fluoxastrobin (E and Z isomers) was estimated at 5.8 hours and the half-life of E-fluoxastrobin was 5.3 hours. Transformation products were not quantified during this aqueous photolysis study. Soil Photolysis MRID: EPA Study Acceptability: Acceptable In a study using a Georgia loamy sand soil with a ph value of 6.1 and a percent organic carbon (%OC) of 0.79, the total fluoxastrobin (E + Z isomers) half-life was calculated to be 45.9 days and the fluoxastrobin E-isomer half-life was calculated at 22.6 days. No major or minor transformation products were identified during the study. Aqueous Photolysis MRID: EPA Study Acceptability: Supplemental During this study, the total fluoxastrobin (E + Z isomers) half-life was calculated to be 5.45 days and the fluoxastrobin E-isomer half-life was calculated at 5 days. No major or minor transformation products were identified during the study. The study was completed using a water/loam sediment and water/loamy sand sediment. Anaerobic Aquatic Metabolism MRID: EPA Study Acceptability: Unacceptable This study was completed using a pond water-sandy clay sediment from Georgia under anaerobic conditions. During the study, the fluoxastrobin half-life was calculated to be 147 days in water, 211 days in the sediment, and 187 days in the total pond water system. Carboxylic acid

8 Ms. Beth Anderson 8. (HEC7180) was the only major transformation product identified during the study. Carboxylic acid increased in the total aquatic system to 22.8% of the total amount of parent applied at 360 days. Aerobic Aquatic Metabolism MRID: EPA Study Acceptability: Unacceptable This study included the aerobic aquatic metabolism of fluoxastrobin in a pond water-loam sediment system and a lake water-loamy sand sediment system. During the study in the pond water-loam sediment system, the fluoxastrobin half-life was calculated to be 29.1 days in water, 363 days in sediment, and 190 days in the total pond-sediment water system. No major transformation products were identified during the pond water-sediment study. During the study in the lake water-loam sediment system, the fluoxastrobin half-life was calculated to be 50.7 days in water, 271 days in sediment, and 150 days in the total lake watersediment system. One major transformation product (E-des-chlorophenyl) was identified during the study. E-des-chlorophenyl in the total lake-sediment system was detected at 20.4% of the maximum applied following 122 days. Aerobic Soil Metabolism of Fluoxastrobin MRID: and EPA Study Acceptability: Acceptable Two studies were completed to evaluate aerobic degradation and metabolism of fluoxastrobin in three soil types from Germany and one soil type from Georgia. Based on a review of the aerobic soil metabolism studies, the Georgia loamy sand had characteristics that are comparable to the Riverhead soil series. The aerobic soil metabolism results from the Georgia sandy loam are summarized in Table 3 below. Fluoxastrobin half-lives derived from finer grained soil types with neutral to basic ph values were much lower and ranged from 26.2 to 46.6 days. Each of the aerobic soil metabolism studies identified E-des-chlorophenyl as a major transformation product. E-des-chlorophenyl was detected at 19.1% of the maximum applied following 270 days in the Georgia loamy sand. No specific aerobic metabolism studies were performed on the major degradate E-deschlorophenyl. Both studies did however reference a first-order nonlinear analysis of the results from the aerobic soil metabolism studies for fluoxastrobin and indicated that the half-lives for the major degradate E-des-chlorophenyl in sandy loam, silt, and silt loam soil types are estimated at 34, 47, and 100 days respectively. The bolded half-life value of 393 days was used during the LEACHP modeling of the parent fluoxastrobin and the bolded maximum percentage of applied value of 19.1% was used in determining the application rate for the LEACHP modeling of the major degradate E-deschlorophenyl. These parameters were selected from studies that included a loamy sand with a composition most similar to the Riverhead soil series.

9 Ms. Beth Anderson 9. Table 3 Summary of Fluoxastrobin Aerobic Soil Metabolism Studies Performed on Georgia Loamy Sand Soil Type MRID ph Georgia, loamy sand Percent Organic Carbon Half-Life (Days) E-des-chlorophenyl Maximum Percent of Applied days Aerobic Soil Metabolism of Degradate Carboxylic Acid (HEC7180) MRID: EPA Study Acceptability: Unacceptable This study evaluated the biotransformation of carboxylic acid, a major degradate formed during the anaerobic aquatic metabolism studies, using three soil types from Germany. Half-lives for carboxylic acid ranged from 9.2 to 24.9 days in silt and a sandy loam soil type respectively. The study showed that carboxylic acid readily degraded in each of the three soil types. The study did not include the analysis of soil extracts for carboxylic acid degradation products. Since carboxylic acid was not a major degradate from the soil metabolism studies it does not represent a significant concern relative to groundwater and will not be evaluated further as part of this technical review Anaerobic Soil Metabolism of Parent Fluoxastrobin No anaerobic soil metabolism studies were provided. Adsorption/Desorption Studies MRID: , , and EPA Study Acceptability: Supplemental In three separate studies, the adsorption coefficients (KOC) were evaluated for fluoxastrobin and two of the fluoxastrobin major degradates (E-des-chlorophenyl and carboxylic acid) in four different soil types. Table 4 below summarizes the adsorption coefficients derived from a Georgia loamy sand since it was the soil type with Riverhead soil series characteristics. The remaining three soil types included a silty clay loam, silt loam, and a sandy loam. The fluoxastrobin and E-des-chlorophenyl adsorption coefficients in bold text in Table 4 below (424.3 and 23.4 respectively) were used during the LEACHP modeling. Since carboxylic acid was not a major degradate of the aerobic soil metabolism study and will not be modeled, the results of the adsorption/desorption studies for carboxylic acid are not included in Table 4. In general, the adsorption coefficients derived from the silty clay loam, silt loam, and a sandy loam soil types were higher that the adsorption coefficients derived from the Georgia loamy sand.

10 Ms. Beth Anderson 10. Table 4 Summary of Adsorption Coefficients for Fluoxastrobin and the Fluoxastrobin Major Degradate E- des-chlorophenyl Soil Type ph % OC Adsorption KOC Fluoxastrobin Loamy sand soil, Georgia E-des-chlorophenyl (metabolite of fluoxastrobin) Loamy sand soil, Georgia Terrestrial Field Dissipation Study MRID: , , EPA Study Acceptability: Supplemental , , , and A series of 12 field dissipation studies were completed to evaluate the dissipation and half-lives of fluoxastrobin and the fluoxastrobin degradates. The studies were completed at both bare ground plots and at various cropped plots. The first eight studies were completed with a single fluoxastrobin application and the subsequent four studies were completed with a sequence of six fluoxastrobin applications with a three week application interval. E-des-chlorophenol was the major degradate identified during the field dissipation studies. Each of the single application studies applied fluoxastrobin at the maximum label rate (0.18 pounds/acre) at locations with fine grained soil types and not at locations with a loamy sand comparable to the Riverhead soil series. During these single application studies, the fluoxastrobin half-lives ranged from 78.8 days to days at the bare ground soil locations and days to days at the cropped plot soil locations. In all but two of the single application dissipation studies, fluoxastrobin concentrations decreased to non-detect by the final sampling event (typically between 725 to 745 days). Fluoxastrobin and the major degradate E-des-chlorophenyl were not detected in soil samples collected at depths greater than 10 centimeters. E-des-chlorophenyl was detected in three of the studies, but not at a concentration greater than 10% of the applied fluoxastrobin. E-des-chlorophenyl was not detected in the remaining five dissipation studies. The major dissipation routes could not be determined in the eight single application field dissipation studies. Fluoxastrobin was applied six times (three week application intervals) at two bare plot sites and at two turf plot sites during the terrestrial field dissipation studies. The fluoxastrobin half-lives ranged from days and days for the bare plot and turf plot sites respectively. In each of the studies, the major degradate, E-des-chlorophenol leached to the same depth or to greater depths than fluoxastrobin. Specifically, in the bare ground plots, fluoxastrobin was detected at a concentration of 7.06 ppb at a maximum depth of centimeters (cm) and E-deschlorophenyl was detected at a concentration of 5.45 ppb at a maximum depth of cm. In the turf plots, fluoxastrobin was detected at a concentration of 6.57 ppb at a maximum depth of cm and E-des-chlorophenyl was detected at a concentration of ppb at a maximum depth greater than 90 cm. Based on the field dissipation studies involving repeat applications, the major route of dissipation of fluoxastrobin was transformation.

11 Ms. Beth Anderson 11. Table 5 below summarizes the terrestrial field dissipation study results specific to a New York loamy sand with a composition similar to the Riverhead soil series. In the turf plot, fluoxastrobin was detected at a concentration of ppb in soil from the 0-15 cm depth interval 557 days (1.5 years) after the last application. Fluoxastrobin was not detected at depths greater than 15 cm during this study. E-des-chlorophenyl, the major fluoxastrobin degradate, was detected at a concentration of 9.19 ppb in soil at a depth greater than 90 cm at the same time interval (557 days). E-des-chlorophenyl was first detected (7.55 ppb) in soil at the 90 cm depth 152 days after the last application. Results of the terrestrial field dissipation studies were not used directly in the LEACHP modeling, but instead were used to assess the overall environmental fate of fluoxastrobin in groundwater. Table 5 Summary of Field Dissipation Studies in New York Soil Type Soil Type Compound New York Turf Plot Loamy SAND %Sand: ph: ~5.5-6 %Tom: Half Life Maximum Depth Interval Detected (cm) Post Application Concentration in 0-15 cm Interval (ppb) Last Detected Concentration (ppb) Fluoxastrobin , NA Fluoxastrobin New York Bare Plot Loamy SAND %Sand: ph: ~5.5-6 E-deschlorophenyl %Toc: E-deschlorophenyl NA > Last Detected Sample Time (days) California Department of Pesticide Regulation Fluoxastrobin Evaluation Report The California Department of Pesticide Regulation (DPR) performed soil leaching modeling using the Leaching Estimation and Chemistry Model (LEACHM). The DPR then predicted groundwater concentrations based on the amount of the parent and the degradate that leached from the soil. The California DPR concluded that fluoxastrobin is relatively immobile and will not pose a threat to the State s groundwater resources, but that the major degradate, E-des-chlorophenyl, was highly mobile and represents a threat to groundwater. Based on the California DPR review, it was determined that fluoxastrobin would be added to a list of potential leaching products (6800(b) list) and would be included in future groundwater sampling to determine if E-des-chlorophenyl is impacting groundwater quality.

12 Ms. Beth Anderson 12. Predicted Environmental Concentration of HEC5725 and its Metabolite HEC7155 in Ground Water Recharge Based on PELMO Bayer AG Report MR-545/01 This study evaluated the leaching behavior in soil of fluoxastrobin (HEC5725) and the major degradate E-des-chlorophenyl (HEC7155) under European conditions using the FOCUS-PELMO one dimensional model. The model was run using a half-life of 39.1 days and an adsorption coefficient (Koc) value of ml/g for fluoxastrobin and half-life of 54.2 days and an adsorption coefficient (Koc) value of 60.3 ml/g for the major degradate E-des-chlorophenyl. The model was run for a 26 year period and was used to estimate leaching potential in nine European soil types and regions at a depth of one meter. The model results suggested that fluoxastrobin would not leach from soil at a depth of one meter at a concentration greater than ppb. The model also suggested that the major degradate (E-des-chlorophenyl) may leach from the soil at a depth of one meter at a maximum concentration of ppb. 2) LEACHP Modeling of Fluoxastrobin Table 6 below summarizes the input parameters and the results of the Leaching Estimation and Chemistry Model for Pesticides (LEACHP) modeling performed by the Department. As summarized above, the input parameters were derived from the environmental fate studies provided by the registrant. The modeling was completed for the active ingredient fluoxastrobin and the major degradate E-des-chlorophenyl. Table 6 LEACHP Model Input Parameters and Modeling Results Aqueous Solubility Adsorption Coefficient Half- Life Application Rate Maximum Predicted Leaching Compound (mg/l) (KFOC) (Days) (lbs/acre/season) Concentration (ppb) Fluoxastrobin E-des-chlorophenyl3, Figures 1 and 2 illustrate the predicted concentrations of fluoxastrobin and E-des-chlorophenyl that will leach from a Riverhead soil type during a ten year period with annual applications. As summarized in Table 6 and as shown on Figures 1 and 2, the LEACHP modeling predicts that fluoxastrobin will leach from the soil at a maximum concentration of 20.1 ppb and the major degradate, E-des-chlorophenyl will leach from the soil at a maximum concentration of 12 ppb. The modeling suggests that fluoxastrobin concentrations will gradually increase between the second and seventh years of use and will reach a maximum concentration following the seventh year. Following the seventh year, the predicted fluoxastrobin concentrations remain between approximately 15 and 20 ppb through the ten year modeling period. The modeling of E-deschlorophenyl suggests that this degradate will exceed 10 ppb following the second year of usage. LEACHP suggests a cyclic pattern for E-des-chlorophenyl with most peaks ranging from approximately 4 ppb to 12 ppb and occurring following the annual applications. In between applications, the LEACHP modeling suggests that E-des-chlorophenyl concentrations will decrease to below 1 ppb.

13 Ms. Beth Anderson 13. 3) Environmental Fate Technical Review Conclusions Fluoxastrobin contains a nominal concentration of 93.73% and 1.12 % of the E-isomer and Z-isomer respectively. Based on the composition analysis, various impurities comprise the remaining 5.15%. Although oxazepine and carboxylic acid were identified as major degradates during the aqueous photolysis and the anaerobic aquatic metabolism studies respectively, E-deschlorophenyl is the only major transformation product based on aerobic soil metabolism studies. Based on this, E-des-chlorophenyl was the only transformation product that underwent LEACHP modeling as part of this groundwater environmental fate review. E-des-chlorophenol was the major degradate identified during the field dissipation studies. Fluoxastrobin and E-des-chlorophenyl have aqueous solubilities of 2.56 mg/l and 3,400 mg/l respectively. The solubility for fluoxastrobin is considered low and the solubility for E-des-chlorophenyl is considered high. E-des-chlorophenyl was the major degradate with the highest percentage (19.1%) of initial applied following 270 days in a loamy sand with a composition most similar to the Riverhead soil series; Based on the adsorption coefficients listed in Table 4, fluoxastrobin is considered to have medium to low mobility and E-des-chlorophenyl is considered to be mobile to very mobile. In all but two of the single application field dissipation studies, fluoxastrobin concentrations decreased to non-detect by the final sampling event (typically between 725 to 745 days). Fluoxastrobin and the major degradate E-des-chlorophenyl were not detected in soil samples collected at depths greater than 10 centimeters during the single application studies. In each of the repeat application field dissipation studies, the major degradate, E-deschlorophenol leached to the same depth or to greater depths than fluoxastrobin. Specifically, in the bare ground plots, fluoxastrobin was detected at a concentration of 7.06 ppb at a maximum depth of centimeters (cm) and E-des-chlorophenyl was detected at a concentration of 5.45 ppb at a maximum depth of cm. In the turf plots, fluoxastrobin was detected at a concentration of 6.57 ppb at a maximum depth of centimeters (cm) and E-des-chlorophenyl was detected at a concentration of ppb at a maximum depth greater than 90 cm. The California DPR concluded that fluoxastrobin is relatively immobile and will not pose a threat to the State s groundwater resources, but that the major degradate, E-deschlorophenyl, was highly mobile and represents a threat to groundwater. Based on this, it was determined that fluoxastrobin would be included in future groundwater sampling to determine if E-des-chlorophenyl is impacting groundwater quality in California. The FOCUS PELMO simulations suggested that fluoxastrobin would not leach from soil at a depth of one meter at a concentration greater than ppb but that the major degradate (E-des-chlorophenyl) would leach from the soil at a depth of one meter at a maximum concentration of ppb.

14 Ms. Beth Anderson 14. The LEACHP modeling predicts that fluoxastrobin will leach from a Riverhead soil series at a maximum concentration of 20.1 ppb and the major degradate, E-des-chlorophenyl, will leach from the soil at a maximum concentration of 12 ppb. 4) Environmental Fate Technical Review Summary Results of the LEACHP modeling combined with terrestrial field dissipation studies, the results of the California Department of Pesticide Registration, and the European modeling results indicate that the major fluoxastrobin degradate, E-des-chlorophenyl, is a mobile compound and is likely to leach from the soil column. Specifically, LEACHP modeling predicted that E-des-chlorophenyl will leach from the soil column at maximum concentrations of 12 ppb. This concentration is similar to E-des-chlorophenyl soil concentrations detected in two of the terrestrial field dissipation studies with turf plots from the deeper soil cores. The LEACHP model also suggests that the active ingredient fluoxastrobin will leach from the soil column at concentrations up to approximately 20 ppb. Relative to E-des-chlorophenyl, fluoxastrobin has a higher adsorption coefficient, is more persistent, and has a lower solubility. The higher predicted leaching concentration of fluoxastrobin compared to E-des-chlorophenyl is likely attributed to the increased persistence and higher application rate for fluoxastrobin. The LEACHP modeling and the environmental fate studies suggest that there is a potential for both the active ingredient fluoxastrobin and the major degradate, E-des-chlorophenyl, to leach from the soil column when applied at the maximum seasonal application rate of 2.13 pounds of active ingredient per acre. The modeling predicts that fluoxastrobin and E-des-chlorophenyl will leach from a Riverhead soil type at concentrations up to 20.1 ppb and 12 ppb respectively. These concentrations are approaching 50% and 25% of the NYSDOH drinking water criteria of 50 ppb for unspecified organic contaminants (UOCs). Based on this high likelihood of leaching from Riverhead soil types, it is recommended that this product not be registered for general use in New York State. Additionally, use of this product in Nassau and Suffolk Counties should be prohibited because of the susceptibility of the Long Island sole source aquifer system to surface contamination.

15 FIGURE 1 Fluoxastrobin LEACHP Modeling Results Model Parameters K OC = ml/gm t ½ = 393 days Application Rate = 2.13 lbs/acre/yr Solubility = 2.56 mg/l Maximum Concentration = 20.1 ppb Concentration (PPB) Time (Years)

16 FIGURE 2 E-des-chlorophenyl (Fluoxastrobin Major Degradate) LEACHP Modeling Results Maximum Concentration = 12 ppb Model Parameters K OC = 23.4 ml/gm t ½ =34 days Application Rate = lbs/acre/yr Solubility = 3,400 mg/l 10 Concentration (PPB) Time (Years)

17 Ms. Beth Anderson 15. Ecological Effects Assessment The following assessment was produced by staff within the Department s Division of Fish, Wildlife & Marine Resources Bureau of Habitat (BOH): Fluoxastrobin is a persistent compound. Terrestrial field dissipation studies conducted in New York yielded half-lives of 533 days and 347 days in bare ground and turf plots, respectively. At study termination, after roughly 18 months, 35% and 17% of the applied material remained in the two study plot types as parent compound. Parent fluoxastrobin will likely exhibit low to moderate mobility post-application. Persistent metabolites produced are more mobile than the parent. Compounds this persistent are regularly detected in surface waters. Marine invertebrates are very sensitive to chronic fluoxastrobin exposure. Runoff following the first application to potatoes (the lowest labeled application rate) can exceed marine invertebrate chronic LOEC concentrations in shallow areas. Impacts will increase with repeated applications or higher rates. The aquatic fate of fluoxastrobin was poorly described in the materials submitted for the initial review in Additional information was subsequently reviewed by EPA updating the aerobic and anaerobic aquatic metabolism studies. They are now classified as Acceptable. Additional conditions of continued federal registration that have not yet been submitted to EPA are the following studies: Acute (10-day) Sediment Toxicity Test Chronic (28-day) Sediment Toxicity Test Given fluoxastrobin persistence in both terrestrial and aquatic compartments and probable occurrence in sediments these two studies are of high value. Arysta included in their cover letter dated November 25, 2013 the statement: The safety profile of fluoxastrobin is consistent with the currently registered active ingredients of azoxystrobin, pyraclostrobin, and trifloxystrobin. They did not provide any comparison or argument beyond the statement. Below is a table making that comparison. It shows fluoxastrobin is significantly more persistent than the previously registered active ingredients. Fluoxastrobin vs. Previously Registered Strobilurins Fate & Toxicity Azoxystrobin Pyraclostrobin Trifloxystrobin Fluoxastrobin Aerobic Soil ,29,30,47,323,393 metabolism (Days) Aerobic Aquatic Met. n/a hours Water Sediment Anaerobic Aquatic Met. Terr. Field Dissipation System n/a n/a n/a Water 147 Sediment 211 System rapid

18 Ms. Beth Anderson 16. FW Fish LC (ppm) FW Invertebrate LC50 Marine Fish LC n/a Marine Invertebrate LC Ecological Effects Summary: BOH staff object to registration of the Evito and Disarm products as currently labeled due to chronic exposure risks to marine invertebrates. BOH staff would not object to registration if the registrant agrees to prohibit aerial application in New York in addition to prohibiting application within 100 feet of a coastal marsh or stream that drains into a coastal marsh. Both of these conditions combined will sufficiently protect marine invertebrates from risks associated with aerial overspray or runoff.