April 29, Via . Ms. Judy Fersch BASF Corporation PO Box Research Triangle Park, NC Dear Ms. Fersch:

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1 (518) April 29, 2016 Via Ms. Judy Fersch BASF Corporation PO Box Research Triangle Park, NC Dear Ms. Fersch: Re: Registration of the Pesticide Products Nealta Miticide and Sultan Miticide Containing the New Active Ingredient Cyflumetofen (Active Ingredient Code ) The New York State Department of Environmental Conservation (Department) has evaluated your application (received September 1, 2015) and supplemental materials received to date in support of the registration of the above-referenced pesticide products. Nealta Miticide (EPA Reg. No ) (Nealta) contains 18.7% cyflumetofen. It is labeled to control listed mites in citrus, grapes, pome fruits, strawberries, tomatoes and tree nuts. Applications are to be made via foliar spray. Application of Nealta by chemigation and aerial application are specifically prohibited by the product label. The maximum application rates are 13.7 fluid ounces of Nealta (0.18 pounds of cyflumetofen) per acre per application and 27.4 fluid ounces of Nealta (0.36 pounds of cyflumetofen) per acre per year. Sultan Miticide (EPA Reg. No ) (Sultan) contains 18.7% cyflumetofen. It is labeled to control listed mites on ornamental plants. Applications are to be made via foliar spray. The maximum application rates are 13.7 fluid ounces of Sultan (0.18 pounds of cyflumetofen) per acre per application and 27.4 fluid ounces of Sultan (0.36 pounds of cyflumetofen) per acre per year. The application package was deemed complete for purposes of technical review on December 28, Pursuant to the review time frame specified in Environmental Conservation Law , a registration decision date of May 26, 2016 was established.

2 Ms. Judy Fersch 2 REGISTRATION SUMMARY Technical reviews of the proposed uses included on the Nealta and Sultan product labels have been performed by the Department and the New York State Department of Health. The technical reviews are presented in the Appendix of this letter. The reviews encompassed the expected impacts of labeled use of the subject products with respect to human health, ecological effects, and environmental fate. None of the technical reviews resulted in objections to registration of the Nealta and Sultan products. Therefore, the Department has registered Nealta Miticide (EPA Reg. No ) and Sultan Miticide (EPA Reg. No ) for use in the State. Enclosed for your record are copies of the Certificate of Pesticide Registration and stamped Accepted for Registration labels. Please note that a proposal by BASF or any other registrant to register a product that contains cyflumetofen, and whose labeled uses are likely to increase the potential for significant impact to 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 (November 2014). Such information, as well as forms, can be accessed at our website as listed in our letterhead. Please contact Shaun Peterson, of the Pesticide Product Registration Section, at , if you have any questions regarding this letter. Sincerely, /S/ Enclosures Scott Menrath, P.E. Director Bureau of Pest Management

3 Ms. Judy Fersch 3 HUMAN HEALTH ASSESSMENT: APPENDIX The following technical review was produced by staff within the Bureau of Toxic Substance Assessment at the New York State Department of Health (NYS DOH). Acute Toxicity Neither cyflumetofen nor the formulated product (Nealta and Sultan Miticides are identical in formulation) were very toxic in acute oral, dermal or inhalation exposure studies in laboratory animals. In addition, neither the active ingredient nor the formulated product was irritating to skin and eyes (tested on rabbits), except for cyflumetofen which was minimally irritating to the eyes. Cyflumetofen, but not the formulated product, was considered a skin sensitizer (tested on guinea pigs). Neurotoxicity Both acute and subchronic oral neurotoxicity studies were conducted on cyflumetofen in rats. In the acute study, this chemical did not cause any adverse effects up to a dose level of 2,000 milligrams per kilogram body weight (mg/kg). Neurotoxic effects were not observed in the subchronic study, but cyflumetofen caused some systemic toxicity (increased adrenal weights in females and altered adrenal histopathology of both sexes) at 89 mg/kg/day and 99 mg/kg/day in males and females, respectively. The no-observed-effect-levels (NOELs) for this study were 30 mg/kg/day in males and 41 mg/kg/day in females. Chronic Toxicity Cyflumetofen caused some toxicity in chronic feeding studies in laboratory animals. In a chronic feeding study in dogs, cyflumetofen caused vacuolation and other histopathology findings in the adrenal glands of both sexes at 300 mg/kg/day; the NOEL was 30 mg/kg/day. In a chronic feeding/oncogenicity study in rats, cyflumetofen caused luminal dilatation of the gland in the uterine horn in females as well as increased adrenal weights, hyperplasia and hypertrophy of the adrenal cortex in both sexes at 49.5 mg/kg/day in males and 61.9 mg/kg/day in females; the respective NOELs were 16.5 mg/kg/day and 20.3 mg/kg/day. In a chronic feeding study in mice, increased incidence of diffuse adrenal cortical cell vacuolation in both sexes and increased adrenal weights in males were observed at 537 mg/kg/day and 483 mg/kg/day in males and females, respectively; the NOELs for this study were 156 mg/kg/day in males and 144 mg/kg/day in females. The U.S. Environmental Protection Agency (U.S. EPA) Office of Pesticide Programs (OPP) established a chronic oral reference dose (crfd) for cyflumetofen of 0.17 mg/kg/day based on the NOEL of 16.5 mg/kg/day from the chronic feeding/oncogenicity study in rats and an uncertainty factor of 100. This crfd value has not yet been adopted by the U.S. EPA Integrated Risk Information System (IRIS).

4 Ms. Judy Fersch 4 Developmental/Reproductive Toxicity Cyflumetofen caused some developmental toxicity in the offspring of pregnant rats and rabbits exposed to this chemical during gestation. In the rat study, cyflumetofen caused an increased incidence of skeletal variations and delayed ossification at 250 mg/kg/day; the NOEL was 50 mg/kg/day. Maternal toxicity was characterized by increased adrenal weights and organ to body weight ratios at 250 mg/kg/day; the NOEL was 50 mg/kg/day. In the rabbit study, cyflumetofen caused changes in ossification and paw flexion, as well as decreased fetal body weights at 1,000 mg/kg/day; the NOEL was 250 mg/kg/day. Maternal toxicity was not observed in this study up to 1,000 mg/kg/day, the highest dose tested. In a multi-generation reproduction study in rats, cyflumetofen was associated with hormone changes (significantly decreased FSH, progesterone, and 17 β-estradiol) in females at 46.6 mg/kg/day; the NOEL was 13.8 mg/kg/day. No reproductive effects were seen in males up to 89.4 mg/kg/day, the highest dose tested. Parental and offspring toxicity consisted of increased adrenal weights and associated histopathology at 30.6 mg/kg/day in males and 46.6 mg/kg/day in females; the NOELs were 9.2 mg/kg/day and 13.8 mg/kg/day in males and females, respectively. Carcinogenicity Cyflumetofen demonstrated some oncogenic potential in rats, but not mice in combined chronic feeding/oncogenicity studies. Dietary administration of this active ingredient caused a statistically significant increase in thyroid c-cell adenomas and/or adenocarcinomas in male rats at 49.5 mg/kg/day, the highest dose tested. Cyflumetofen did not demonstrate any oncogenicity in mice up to dose levels of 1,143 mg/kg/day in males and 1,132 mg/kg/day in females and was negative in a number of genotoxicity studies. The U.S. EPA classified cyflumetofen as having suggestive evidence of carcinogenic potential based on the increased incidence of treatment-related thyroid tumors in male rats. The quantification of risk using an RfD was determined by the U.S. EPA to be adequate to account for all chronic toxicity (including carcinogenicity) effects resulting from exposure to cyflumetofen. Dietary Risk Assessment The U.S. EPA established tolerances for cyflumetofen residues in or on a number of crops and commodities (Federal Register 79(98): 29,103 8; May 21, 2014). The chronic population adjusted dose (cpad) for cyflumetofen is 0.17 mg/kg/day and has the same basis as the crfd. The U.S. EPA estimated that chronic dietary exposures (food and drinking water) to this active ingredient would be less than one percent of the cpad for the general U.S. population, 1.5 percent for all infants less than one year-old and 2.3 percent for children one to two years-old, the highest exposed subgroup. These exposure analyses are based on the assumption that 100 percent of crops are treated and contain tolerance level residues. Actual residues and resulting exposure levels are expected to be less than these assessments estimate. Occupational Risk Assessment The U.S. EPA reported the results of an occupational risk assessment for inhalation exposures to cyflumetofen from the labeled use of Sultan and Nealta Miticides on various field crops and ornamental plants via several application methods

5 Ms. Judy Fersch 5 (aerial, airblast, groundboom, backpack sprayer, manually pressurized handwand, and manually pressurized handgun). Dermal risks were not assessed because a dermal toxicity endpoint for cyflumetofen was not identified in the toxicity database. For determining margins of exposure (MOEs), the U.S. EPA compared estimated short-term (1-30 days) inhalation exposures to a NOEL of 16.5 mg/kg/day from the chronic feeding/oncogenicity study in rats. The estimated inhalation MOEs for mixers/loaders supporting aerial, airblast and groundboom applications ranged from 8.6 x 10 4 to 1.5 x 10 6, depending on the commodity; the MOEs for applicators in these scenarios ranged from 3.5 x 10 4 to 4.9 x For backpack, manually pressurized handwand and manually pressurized handgun, inhalation MOEs for mixers/loaders/applicators ranged from 5.5 x 10 3 to 6.4 x These estimates assumed workers wore personal protective equipment (long sleeved shirt and long pants, chemical-resistant gloves and shoes plus socks) as per label requirements. The U.S. EPA considered MOEs of 100-fold or greater in these scenarios to provide adequate worker protection. Residential Risk Assessment The U.S. EPA reported the results of a residential risk assessment for short-term inhalation exposures to cyflumetofen for several application scenarios (hose-end sprayer, manually pressurized handwand, backpack sprayer and sprinkler can). Although these pesticide products do not appear to be marketed or intended for use by homeowners, the Sultan Miticide label allows for use in residential landscape maintenance areas, which may result in residential handler exposure. For determining MOEs, the U.S. EPA compared estimated short-term inhalation exposures to a NOEL of 16.5 mg/kg/day from the chronic feeding/oncogenicity study in rats. The inhalation MOEs for homeowner mixers/loaders/applicators making applications to ornamental plants ranged from 9.4 x 10 5 to 9.4 x 10 7, depending on the application method. The U.S. EPA considered MOEs of 100-fold or greater to provide adequate homeowner protection for these scenarios. Drinking Water/Groundwater Standards There are no chemical specific federal or New York State drinking water/groundwater standards for cyflumetofen. Based on its chemical structure, this chemical falls under the 50 micrograms per liter New York State drinking water standard for unspecified organic contaminants (10 NYCRR Part 5, Public Water Systems). Summary The available information on cyflumetofen and Sultan and Nealta Miticides indicates that they are not very acutely toxic in laboratory animal studies. Dietary administration of cyflumetofen to laboratory animals in chronic, sub-chronic and developmental toxicity studies indicates that the primary target organ for this chemical is the adrenal glands (characterized by increased organ weight and histopathology). Cyflumetofen caused some developmental toxicity in the rabbit at doses lower than maternally toxic doses, but there was no corresponding change in reproductive success. The U.S. EPA classified cyflumetofen as having Suggestive Evidence of Carcinogenic Potential based on the occurrence of a single tumor type (thyroid c-cell) in one sex (male) of one species (rats) and a lack of concern for mutagenicity. The

6 Ms. Judy Fersch 6 estimated dietary risks from exposure to cyflumetofen treated crops and drinking water were within the range considered acceptable by the U.S. EPA. In addition, the expected exposure from the labeled use of the formulated product should not pose significant risks to workers. NYS DOH Recommendation Generally, we have concerns about registering a pesticide product for use on food crops when it has oncogenic properties. However, the evidence for cyflumetofen s carcinogenicity is weak and the testing results indicate that cyflumetofen does not meet the definition of an oncogen in 6 NYCRR Part In addition, the labeled use of Nealta and Sultan Miticides does not appear to pose unreasonable risks to workers or the general public. Given the above, the Department of Health does not object to the registration of Nealta and Sultan Miticides in the state on the basis of direct health risks from worker use or dietary exposures. ECOLOGICAL EFFECTS ASSESSMENT: The Department s Bureau of Habitat (BOH) evaluated the proposed use of cyflumetofen as contained in the Nealta and Sultan products. Shown below is the assessment. I. CHEMICAL BACKGROUND Cyflumetofen is a new contact miticide active ingredient (ai) in the beta-ketonitrile chemical family labeled for control of all tetranychid mite life stages on numerous agricultural crops and ornamental plants. It is not active against non-tetranychid mites. Nealta and Sultan are alternate names for the same formulation. They are 18.7% cyflumetofen or 1.67 pounds ai per gallon. Use Profile Nealta is labeled for use on citrus, grapes, pome fruits, strawberries, tomatoes, and tree nuts. Applications of 13.7 fluid ounces of Nealta (0.179 pounds of cyflumetofen) per acre are made using water as the carrier. Cyflumetofen is not systemic or translaminar so full coverage of plant surfaces is required. For resistance management purposes only one Nealta application may be made before alternating to a miticide with a different mode of action. Nealta applications may not be repeated at intervals shorter than 14 days; no more than 2 applications may be made per year. Sultan is labeled for use on ornamental plants including those grown in outdoor nurseries, retail nurseries, residential and commercial landscapes, interiorscapes, greenhouses, shadehouses, lathhouses, containers, and on forest and conifer nurseries and plantations. Application rates, directions, and limits are the same as those for Nealta.

7 Ms. Judy Fersch 7 Both products can only be applied using ground equipment, aerial applications and chemigation are explicitly prohibited. Cyflumetofen is rainfast in one hour following application. Mode of action Cyflumetofen is a mitochondria complex II electron transport inhibitor and is classified as a Group 25 acaricide. Physical/chemical properties Cyflumetofen has a water solubility of mg/l. Its log octanol/water partitioning coefficient (KOW) is 4.3. It has low vapor pressure, 4.43 x 10-8 mm Hg; volatilization will not contribute significantly to its dissipation. The mean soil adsorption coefficient (KOC) is 131,826 L/Kg. Parent cyflumetofen will be immobile post application. II. TOXICITY Cyflumetofen exhibits low toxicity to most animal life. Test results for most toxicity tests submitted are expressed as being greater than the highest test doses. It is practically non-toxic to birds or mammals on an acute basis. It can be toxic with chronic exposures but not at field relevant exposure levels. Cyflumetofen is also practically nontoxic to most aquatic test organisms at concentrations below its solubility limit. Cyflumetofen degradation post application proceeds via a complex series of transformations that produce a large number of degradates of toxicological concern. Degradates of concern identified by EPA reviewers retain the cyano group present in the parent compound. Toxicity testing results were submitted for six degradates. The degradates taken as a group are not likely to occur in the field at concentrations that result in toxicity. III. EXPOSURE Cyflumetofen is expected to degrade rapidly post application and be immobile. Many of the degradates formed are much more persistent and more mobile than the parent compound. The single Terrestrial Field Dissipation study conducted is of limited value because the soil samples were stored well beyond the time period that the parent compound is stable in freezer storage. Cyflumetofen is labile to most degradation routes. Its hydrolysis half-life is ph dependent, it is roughly 5 hours at ph 7. Its aquatic photolysis half-life is roughly 1.5 hours. Aerobic and anaerobic aquatic metabolism half-lives are 2.5 and 12.4 days respectively. Cyflumetofen s mean soil surface photolysis half-life is 5.5 days. Its mean aerobic and anaerobic soil metabolism half-lives are 5.4 and 4.3 days, respectively.

8 Ms. Judy Fersch 8 Non-target exposures to cyflumetofen are expected to be limited given the rapid dissipation of parent compound and the limit of 2 applications per season. Standard BOH non-target screening modeling was conducted for both aquatic and terrestrial compartments. Modeling results and risk assessment Estimated terrestrial food item residues following the maximum seasonal application rate did not result in exposures that exceeded toxicity thresholds for either birds or mammals. The aquatic modules erroneously report toxicity thresholds being exceeded because they do not account for the solubility limit of cyflumetofen. Cyflumetofen when used as labeled should not result in significant adverse impacts to non-target resources. There is a large degree of uncertainty with respect to the formation, decline, and mobility of the multitude of degradates due to the lack of sound terrestrial field dissipation data. From the fate studies available it appears that the degradates of concern are not formed in quantities that will result in adverse impacts. Therefore, Bureau of Habitat staff do not object to registration of Nealta Miticide and Sultan Miticide on the basis of risks to non-target species. ENVIRONMENTAL FATE ASSESSMENT: Engineering geology staff within the Department s Bureau of Pest Management evaluated the proposed use of cyflumetofen as contained in the Nealta and Sultan products. Shown below is the assessment. The groundwater review indicates that the labeled use of Nealta and Sultan Miticides will not result in leaching of cyflumetofen at concentrations representing a concern to the quality of groundwater when applied at the maximum annual application rate. Specifically, the leaching estimation and chemistry model for pesticides (LEACHP) predicted that leaching of cyflumetofen from the Riverhead soil profile does not occur. Two major cyflumetofen degradates were estimated to leach from the Riverhead soil at maximum concentrations ranging from 0.17 to 1.69 parts per billion (ppb). These maximum concentrations are well below the NYSDOH drinking water criteria of 50 ppb for unspecified organic contaminants (UOCs). Based on this evaluation, and as summarized in the following sections, the results of this groundwater technical review support registration of cyflumetofen for use in New York in accordance with the submitted labels. Overview This groundwater technical review is based on a review of environmental fate studies, U.S. EPA registration assessment documents, and modeling results using LEACHP. Of particular importance for LEACHP modeling is the selection of representative environmental fate parameters. This includes values for half-life, solubility, adsorption coefficient, and application rates for both the parent and major degradates. As such, review of the environmental fates studies submitted by BASF focused on identifying these model

9 Ms. Judy Fersch 9 input parameters. This groundwater technical review provides a summary of the environmental fate studies and their relation to the selection of model input parameters along with a summary of the LEACHP modeling results. Since the proposed labels allow for use of Nealta and Sultan Miticides on Long Island, the products were modeled under the Long Island soil scenario using the Riverhead soil type. This includes the selection of environmental fate parameters derived from soil types containing a high percentage of sand (preferably greater than 85%), a ph of approximately 5.5, and a percent organic matter of approximately one percent or less. As discussed below, two major cyflumetofen degradates (metabolites identified at greater than 10% of the total applied radioactivity) were identified during the aerobic soil metabolism studies and were also included in the LEACHP modeling. Although three other cyflumetofen major degradates were identified, they were not included in the LEACHP modeling because their respective adsorption coefficients were extremely high thus making them immobile in soil. As previously mentioned, the modeling showed that cyflumetofen does not leach from the Riverhead soil profile and that two cyflumetofen degradates (B-1 and B-3) leach from the Riverhead soil at concentrations up to 0.17 ppb and 1.69 ppb respectively. Summary of Environmental Fate Studies To evaluate the degradation of cyflumetofen and cyflumetofen major metabolites, the registrant completed aerobic soil metabolism studies on 17 different soil types. The studies used a combination of domestic and foreign soil types ranging in composition from clay-rich soil to sandy soil (21.7% sand to 88% sand respectively). The aerobic soil metabolism studies identified five major degradates (Table 1 below). As summarized above however, only degradates B-1 and B-3 were modeled with LEACHP as part of this groundwater technical review. Table 1 Summary of Aerobic Soil Metabolism Studies Degradate Range in Percentage Applied Radioactivity (%AR) B-1 21% - 63% B-3 18% - 23% AB % AB1+AB1 dimer % % AB1+AB1 dimer % Each of the aerobic soil metabolism studies indicate that cyflumetofen is not persistent and degrades rapidly with half-lives ranging from 2.28 to 4 days. As discussed below, this range in aerobic soil metabolism half-life values is consistent with the half-life value (8 days) derived from a terrestrial field dissipation study performed in New York. As summarized in Table 2, a half-life value of 3.41 days derived from a Wisconsin loamy sand with characteristics similar to Long Island soil conditions was used to evaluate cyflumetofen behavior with the LEACHP model.

10 Ms. Judy Fersch 10 Aerobic soil metabolism studies were also completed on major cyflumetofen degradates B-1 and B-3 to evaluate persistence in three different soil types. Similar to the parent (cyflumetofen), the studies indicated that each of the degradates were also not overly persistent. Specifically, the B-1 and B-3 half-lives ranged from days and days respectively. The half-life values used in LEACHP modeling for these two cyflumetofen degradates are summarized in Table 2. In addition to studies evaluating the microbial breakdown of cyflumetofen, two soil photolysis studies were completed to evaluate photodegradation. The studies included both irradiated and non-irradiated samples. There was no significant difference in cyflumetofen degradation in the two types of samples suggesting that photodegradation is not a significant process in the dissipation of cyflumetofen in the natural environment. Similar to the aerobic soil metabolism studies, cyflumetofen metabolite B-1 was identified as a major degradate during one of the soil photolysis studies using a loam soil type. Based on seven separate studies to evaluate adsorption characteristics (Koc), cyflumetofen and three of the major degradates (AB1, AB1+AB1 dimer 1, and AB1+AB1 dimer 2) are considered immobile and two of the major degradates (B-1 and B-3) tend to be highly mobile. Specifically, cyflumetofen and degradates AB1, AB1+AB1 dimer 1, and AB1+AB1 dimer 2 have Koc values ranging from 131,826 to 8,315,788 ml/g. In contrast, major degradates B-1 and B-3 have Koc values ranging from 0.24 to ml/g. For reference, compounds with Koc values greater than 5,000 ml/g are considered immobile and Koc values less than 50 ml/g are considered to have a very high mobility according to a commonly used McCall soil mobility classification system. The Koc values used as LEACHP input parameters for cyflumetofen, B-1, and B-3 are summarized in Table 2. Terrestrial field dissipation studies were completed using soil types from Washington, New York, Florida, and California. Each study included two separate cyflumetofen applications for a total application rate of 0.36 lbs ai/acre to bare ground plots. This application rate is in accordance with the maximum annual application rate included on the Nealta and Sultan Miticide labels. One or more degradates were detected during each study suggesting that transformation is the major route of cyflumetofen dissipation. Consistent with the aerobic soil metabolism studies, B-1 was the major cyflumetofen degradate identified most frequently and at the highest percentage of the parent (13-59%). No other cyflumetofen degradates were identified as major (>10% of parent) during the terrestrial field dissipation studies. In the New York soil, with the exception of a single B-1 detection at a concentration of 9 ppb from the 3 6 inch depth interval collected 14 days after the first application, B-1 was only found in soil from the 0 3 inch depth interval. Cyflumetofen and cyflumetofen degradates were not detected in soil below the 0-12 inch depth interval. Based on the terrestrial field dissipation studies, the half-lives for cyflumetofen and B-1 were estimated at 8 days and days respectively. Cyflumetofen and the cyflumetofen degradates have a broad range in aqueous solubility values. As summarized in Table 2, cyflumetofen has a low solubility (0.028 parts per million (ppm)) and degradates B-1 and B-3 are highly soluble (363.3 and 13,000 ppm respectively).

11 Ms. Judy Fersch 11 LEACHP Modeling of Cyflumetofen The environmental fate parameters described above and as summarized in Table 2 were used as LEACHP model input values to assess the leaching potential of cyflumetofen and two major cyflumetofen degradates (B-1 and B-3) from the Riverhead soil profile. With a high sand percentage and low organic carbon content, the Riverhead soil profile is considered representative of conditions on Long Island. The LEACHP modeling suggests that no leaching of cyflumetofen from the Riverhead soil column occurs. In contrast, and as shown on Figure 1, cyflumetofen degradates B-1 and B-3 leached from the Riverhead soil column at maximum concentrations of 1.69 and 0.17 ppb respectively. Both B-1 and B-3 follow similar leaching patterns that include periodic, short-duration leaching events with no accumulation occurring. These leaching patterns are likely associated with the annual product applications combined with precipitation events used in the LEACHP model and the short half-lives for both degradates. Following the individual peaks, leaching concentrations rapidly decreased to below 0.1 ppb and 0.01 ppb for B-1 and B-3 respectively. Groundwater Technical Review Summary In summary, results of the groundwater technical review support registration of the new active ingredient cyflumetofen per the submitted labels. Based on review of the environmental fate studies, cyflumetofen is not mobile and not persistent in the natural environment. Not only did LEACHP modeling suggest that cyflumetofen will not leach from the Riverhead soil profile, but the four terrestrial field dissipation studies concluded that cyflumetofen, along with the cyflumetofen degradates, do not show patterns indicative of leaching. Although the cyflumetofen degradates are mobile, they have short half-lives and are not expected to persist in the natural environment. This is supported in the LEACHP modeling along with the terrestrial field dissipation studies. Specifically, the LEACHP modeling suggested maximum B-1 and B-3 leaching concentrations of 1.69 and 0.17 ppb respectively. As shown on Figure 1, leaching appeared to be short in duration with no evidence of continuous leaching for both of the degradates. Similarly, the field dissipation studies showed limited downward movement of the cyflumetofen degradates in the soil column and leaching concentrations that declined to non-detectable levels in all depth intervals toward the end of the studies. Additionally, it is understood that cyflumetofen is applied foliarly at a maximum annual application rate of 0.36 lbs ai/acre. While there is additional opportunity for parent and degradate uptake and breakdown to occur with foliar applications, this process is difficult to quantify and factor into the LEACHP modeling. As such, when operating LEACHP, the maximum annual application rate is used as the amount of product available for potential leaching through the soil column. It is however expected that breakdown and interception occurs following a foliar application and the actual amount available for leaching would be less than the maximum application rate. This indicates that foliar applications of cyflumetofen are likely to yield estimated leaching concentrations that are lower than the

12 Ms. Judy Fersch 12 current estimates of 1.69 and 0.17 ppb for degradates B-1 and B-3 respectively. Overall, the groundwater technical review for the new active ingredient cyflumetofen indicates that the use of Nealta Miticide and Sultan Miticide in accordance with the submitted labels does not represent a groundwater concern in New York State. This includes the use of cyflumetofen in areas like Nassau and Suffolk Counties where groundwater resources tend to have an increased susceptibility to surface contaminants. Therefore, engineering geology staff do not object to registration of the subject products on the basis of risks to the water resources of New York State. Attachments: Figure 1 Cyflumetofen LEACHP Modeling Results for Riverhead Soil Profile Table 2 Summary of LEACHP Model Input Parameters and Modeling Results

13 Figure 1 Leaching Concentration (PPB) Cyflumetofen Major Degradate LEACHP Modeling Results Cyflumetofen Degradate B-1 Maximum Leaching Concentration 1.69 ppb LEACHP Model Parameters B-1 K OC = 5.20 ml/g t ½ = 6.3 days Solubility = mg/l Application Rate = lbs/acre/yr B-3 K OC = ml/g t ½ = 15.1 days Solubility = 13,000 mg/l Application Rate = lbs/acre/yr Cyflumetofen Degradate B-3 Maximum Leaching Concentration 0.17 ppb Time (years) B-1 B-3

14 TABLE 2 Summary of LEACHP Model Input Parameters and Modeling Results Groundwater Technical Review for the New Active Ingredient Cyflumetofen Parameter Value Source Cyflumetofen (Parent) Aqueous Solubility mg/l EPA Environmental Fate Memorandum, Pg. 85, February 26, Koc 131,826 ml/g EPA MRID No T 1/ days Wisconsin loamy sand from EPA MRID No Application Rate 0.36 lbs ai/acre/yr Maximum application rate for Sultan and Nealta Miticide products Parameter Value Source No Cyflumetofen Leaching Occurred B-1 (Degradate) Aqueous Solubility mg/l EPA Environmental Fate Memorandum, Pg. 91, February 26, Koc 5.20 ml/g North Carolina sandy loam from EPA MRID No T 1/2 6.3 days Speyer 2.2 loamy sand from EPA MRID No Application Rate lbs ai/acre/yr 21% of formation from the applied parent during aerobic soil metabolism study using Wisconsin loamy sand from EPA MRID No Application rate adjusted for molecular weight of degradate. Maximum LEACHP Modeled Leaching Concentration = 1.69 ppb B-3 (Degradate) Parameter Value Source Aqueous Solubility 13,000 mg/l EPA Environmental Fate Memorandum, Pg. 91, February 26, Koc ml/g North Carolina sandy loam from EPA MRID No T 1/ days Speyer 2.2 loamy sand from EPA MRID No Application Rate lbs ai/acre/yr 23% of formation from the applied parent during aerobic soil metabolism study using Speyer 2.2 loamy sand from EPA MRID No Application rate adjusted for molecular weight of degradate. Maximum LEACHP Modeled Leaching Concentration = 0.17 ppb