Page 1 of 34

` UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 **OFFICE OF CHEMICA**  **L SA FETY**  **AND POLLUTION PREVENTION**  **MEMORANDUM** Date: May 25 , 201 2 SUBJECT: Bifenthrin . Section 3 Registration for Grass Grown for Seed and Imported Tea ; Section

18 Emergency

Exemption for Apples, Nectarines, and Peaches . Summary of Analy tical Chemistry

and Residue Data. **PC Code:** 128825 **DP Barcode:**  388604 **Decision No.:** NA **Registration No. :**  279 - 3313, 279 - 3108 **Petition No.:** 9E7652 **Regulatory Action:** New Use Registration **Risk Assessment Type:** NA **Case No.:** NA T **XR No.:** NA **CAS No.:** 82657 - 04 - 3 **MRID No.:** Summary Table Provided Below **40 CFR:** 180. 442 FROM: Peter Savoia, Chemist

Risk Assessment Branch V/VII Health Effects Division (7509P) THRU: Michael S. Metzger, Branch Chief

William H. Donovan, Ph.D., Chemist Risk Assessment Branch V/VII Health Effects Division (7509P) TO: Laura E. Nollen, Biologist

Risk Integration, Minor Use & Emergency Response Branch Registration Division (7505P) **MRID Summary Table MRID No.**  **Study Type Comments**  47920801 860.1500 (Grass, seed crop) 47920801.der.doc 47920802 860.1500 (Tea) 47920802.der.doc 47920803 860.1500 (Tea) 47920803.der.doc 47920804 - 07 and - 09 860.1500 (Tea) None 47920808 860.1500 (Tea) 47920808.der.doc 47920810 860.1500 (Tea) 47920810.der.doc The Memorandum was prepared by Versar and has been reviewed b y the Health Effects Division (HED) and revised as needed for correctness, language and to reflect current Office of Pes ticide Programs (OPP) policies.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 2 of 34 **Executive Summary** Bifenthrin, (2 - methyl[1,1’ - biphen yl ] - 3 - yl ) meth yl - 3 - (2 - chloro - 3,3,3, - trifluoro - 1 - propenyl) - 2,2 - dimethylcyclopropanecarboxylate, is a broad - spectrum non - sy stemic insecticide/miticide. Registered to FMC Corporation, this sy nthetic p yr ethroid carries uses f or foliar applications on a variety of field, fruit, and vegetable crops. Permanent tolerances are established for residues of bifenthrin in/on a number of food commodities listed under 40 CFR §180.442(a)(1). These tolerances range from 0.05 ppm on vario us crop and poultry commodities up to 70 ppm for grain, aspirated fractions . A tolerance of 0.05 ppm is also listed under §180.4 4 2(a)(2) for bifenthrin in food/feed handling establishments. Inaddition, time - limited tolerances for orchardgrass forage and hay were established under § 180.4 4 2(b) following Sec tion 18 emergency exemptions with a 12/31/ 12 expiration date. In the current petition, the Interregional Research Project No. 4 (IR - 4) requests Section 3 registration for the application of bifenthrin t o grass grown for seed on behalf of the Agricultural Experiment Station of Oregon. For this action ( PP#9E7652 ) , IR - 4 has also included data to support the establishment of a permanent tolerance in/on imported tea which is being requested on behalf of the tea industry . In a separate petition , Delaware, Maryland, New Jersey , North Carolina , Pennsylvania, Virginia, and West Virginia is requesting an emergency exemption for treating apples, nectarines, and peaches. The establishment of permanent tolerances is therefore requested in/on grass forage, grass hay , and tea along with time limited emergency exemptions to be set for apples, nectarines, and peaches at the following limits:

Apple ................................ ................................ ............. 0 .5 ppm Grass, forage ................................ ................................ . 2 .5 ppm Grass, hay ................................ ................................ ..... 4.5 ppm Nectarine ................................ ................................ ....... 0.5 ppm Peach ................................ ................................ ............. 0.5 ppm Tea, plucked leaves ................................ ........................ 25 ppm The nature of bifenthrin residues in plants and livestock is understood based on the previouslysubmitted apple, corn, cotton, potato, hen, and goat metabolism studies. Based up on these studies, the Metabolism Committee determined that only the parent compound would be the relevant residue of concern for tolerance enforcement and risk assessment (Metabolism Committee Meeting Minutes, M. T. Flood, 07/27/1993). Further , the nature of the residues in rotational crops is adequately understood. Based on a confined rotational crop study , HED has concluded that the residue of concern in rotational crops is the parent compound only . For annual crops evaluated at a maximum seasonal use rate of 0.5 lb ai/A, the confined study and the available field rotational crop study on wheat support the current rotational crop restrictions on the labels . Crops having bifenthrin tolerances may

be replanted at any

time, and all other crops may be repl anted 30 day s following the last application of bifenthrin. No rotational crop tolerances are required. Adequate G as C hromatography / E lectron - C apture D etection ( GC/ECD) methods are available for enforcing tolerances of bifenthrin in plant and livestock co mmodities. T he MRM methods are also adequate for the enforcement of bifenthrin tolerances and no additional data are required. Anal yt ical standards for bifenthrin furnished by FMC Agricultural Products are currently available in the EPA National Pesticide Standards Repository (personal communication with Theresa Cole, 04/26/2012) . Samples from the current grass field trials were analyzed for residues of bifenthrin using FMC method PC - 2132M, which is a m odification to one of the current enforcement methods (P - 2550 M) .Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 3 of 34 The method reports the Limit of Detection (LOD) to be 0.01 ppm for grass forage and 0.03 ppm for grass hay . It further notes the Li mit of Quantitation (LOQ) to be 0.03 ppm in grass forage and 0.08 ppm in grass hay . The method was adequatel y validated in conjunction with the anal ys is of samples from the field trials. Similarly , the s amples from the tea field trials in MRID No. 47920803 were anal yz ed for residues of bifenthrin using a GC /EC D method. The method was successfully validated prior to anal ys is of the field samples. The method L OD for bifenthrin in tea was reported to be 0.05 ppm and the LOQ was not provided. The submitted residue data for grass grown for seed are adequate, and the trials conducted reflect the proposed treatment pattern which will be established for use to crops grown only in ID, OR and WA . They were carried out following the EPA memo entitled “Ad ditional Guidance on the Crop

– ‘Grass Grown for Seed’” dated 9/30 /2000 which requires the collection of forage and hay data. In practice, the forage and hay

c ommodities of grass are used as a livestock feedstuff commonly fed to cattle. Based upon this assessment, HED concludes that the established bifenthrin livestock tolerances remain appropriate. In support of tea , the petitioner provided nine (9) data submissions depicting residue levels for this imported R aw Agricultural Commodity (RAC) . T he majority of the se studies are in complete failing to note e xperimental fi eld parameters (application rates, PHIs, sample handling procedures), storage duration and conditions, raw data , and concurrent recoveries . Due to the in completeness of these submissions, Data Evaluation Records (DERs) could only be completed for four of the nine studies. In all, only

MRID No. 47920803 is considered to be scientificall y acceptable though it was found to lack concurrent recovery

information. R esidue s in these fresh leaf and black tea samples w ere anal yz ed b y G as - L iquid C hromatograph y /E lec tron C apture D etect ion ( GLC/ECD ) . The method was successfull y validated as shown by recoveries of fortified samples but no data from concurrent recovery samples were provided. The application rate used in this study (0.0 60 kg ai/ha) is less than GAP appl ication rate of 0.08 0 kg ai/ha . To support the establishment of a time limited emergency exemption for apples, nectarines, and peaches, adequate pear data are available for translation to the requested crops . For pears , u se of WP (EPA Reg. No. 279 - 3108) and EC (EPA Reg. No. 279 - 3069) formulations have been established . The application pattern prescribes a seasonal rate of 0.5 lbs.ai/A (0.45 lbs ai/A post - bloom) made as multiple treatments at a 30 - day R e - T reatment Interval (RTI) prior to a 14 - day Pre - Harvest Interval ( PHI ) . T his use pattern resulted in a 0.5 ppm tolerance (DP. Nos. D274839 & D280288, S. Levy , 08/15/2002) . Thus, this level may be translated to apples, nectarines, and peaches . There are adequate storage st ability data to validate the storage conditions and durations of RACs collected from the grass field trials. These data indicate that residues decline by 35% in forage and 55% in hay , requiring the correction of residues from the grass field trial data. For imported tea, no s torage stability

data were provided , however, the longest storage interval was only 67 day s in the trials from India . In addition to the storage stability data on grass, p reviously submitted data indicate that bifenthrin residues are stable when stored frozen for 12 months in corn flour, 36 months in lettuce, pecans and potatoes along with durations up to 49 months in apple (DP Nos. D274839 & D280288, S. J. L ev y, 08/15/2002).Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 4 of 34 **Regulatory Recommendations a nd Residue Chemistry Deficiencies**  Pending revision of Sections B and F, there are no residue chemistry deficiencies that would preclude granting a regional registration of bifenthrin for use on grass grown for seed and the establishment of a tolerance on imported tea. T here are also adequate data to support a time limited emergency exemption for apples, nectarines, and peaches. Tolerances are established for residues of bifenthrin , i ncluding its metabolites and degradates, in or on the commodities listed below . Compliance with the tolerance levels specified below is to be determined by measuring only bifenthrin, (2 - methyl[1,1 ′ - biphenyl] - 3 - yl )meth yl(1 R ,3 R ) - rel- 3 - [(1 Z ) - 2 - chloro - 3,3,3 - trifluoro - 1 - propenyl] - 2,2 - dimethylcyclopropanecarboxylate in or on the commodity :

(a) General. Tea, dried ................................ ................................ ...... 30 ppm (b) Section 18 emergency exemptions . Apple ................................ ................................ ............. 0.5 ppm Nectarine ................................ ................................ ....... 0.5 ppm Peach ................................ ................................ ............. 0.5 ppm (c) Tolerances with regional registrations. Grass, forage ................................ ................................ . 4.0 ppm Grass, hay ................................ ................................ ....... 1 5 ppm A new human health risk assessment which includes these new crop uses and the amended tolerance levels for the pertinent livestock commodities is forthcoming in a separate document. 860.1200 Directions for Use An amended Section B is required for grass grown for seed by noting this use is restricted to ID, OR, and WA on product labels 279 - 3108 and 279 - 3313. The grass crop group should be removed from the proposed product labels since the data provided only support the use of bifenthrin on grass grown for seed in the Pacific Northwest. Sufficient information was provided on the Good Agricultural Practices (GAP) followed for the cultivation of tea in India. T he data are adequate to establish a tolerance for bifenthrin on imported tea. Application directions for tr eating apples, nectarines, and peaches as an emergency exemption in the states of Delaware, Maryland, New Jersey , North Carolina , Pennsylvania, Virginia, and West Virginia must be provided. Amen ded product label s for the 10% WP (EPA Reg. No. 279 - 3108) and 2 lb/gal EC (EPA Reg. No. 279 - 3069) formulations of bifenthrin are needed . 860.1550 Proposed Tolerances The registrant is required to submit a revised Section F to amend all the proposed tolerance s relevant to this petition and to reflect correct commodity definition as reflected in Table 10 .Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 5 of 34 International Harmonization There are no Maximum Residue L imits (MRL s) established by Codex, Canada, or Mexico for any of the proposed commodities in the current registration action (see Attachment 1). However, Codex has proposed a 30 ppm MRL for Tea, Green and Black (black, fermented and dried). In order to harmonize with the Codex MRL , a U.S. tolerance level of 30 ppm is recommended for tea, dried. **Background** Bifenthrin is a broad - spectrum, non - systemic insecticide/miticide classified as a s ynthetic p yrethroid. Like man y other insecticides, bifenthrin controls insects by paral yz ing the central nervous s ys tem upon contact and ingestion. Applications of bifenthrin are made at the labeled use rates when insect populations reach locally determined economic thresholds. Follow - up treatments should be made as needed to control insect populations for the purposes of forming a comprehensive integrated pest management p rogram. Registered to FMC Corporation, permanent tolerances are established for residues of bifenthrin in/on several food commodities listed under 40 CFR §180.442(a)(1). These tolerances range from 0.05 ppm on various crop and poultry commodities up to 7 0 ppm for grain, aspirated fractions . A tolerance of 0.05 ppm is also listed under §180.4 4 2(a)(2) for bifenthrin in food/feed handling establishments. Inaddition, time - limited tolerances for orchardgrass forage and hay were established under § 180.4 4 2(b) following Sec tion 18 emergency exemptions with a 12/31/ 12 expiration date. The nomenclature and phy siochemical properties of bifenthrin are presented below in Tables 1 and 2 for review. **Table 1. Bifenthrin**  **Nomenclature** . Chemical structure

Common name Bifenthrin Com pany experimental name FMC 54800 IUPAC name 2 - methylbiphenyl - 3 - ylmethyl (1 RS,3 RS ) - 3 - [(Z ) - 2 - chloro - 3,3,3 - trifluoroprop - 1 - enyl] - 2,2 - dimethylcyclopropanecarboxylate or 2 - methylbiphenyl - 3 - ylmethyl (1 RS ) - cis - 3 - [(Z

) - 2 - chloro - 3,3,3 - trifluoroprop - 1 - enyl] - 2,2 - dimethylcyclopropanecarboxylate CAS name (2 - methyl[1,1 ′ - biphenyl] - 3 - yl)methyl (1 R ,3 R ) - rel - 3 - [(1 Z ) - 2 - chloro - 3,3,3 - trifluoro - 1 - propenyl] - 2,2 - dimethylcyclopropanecarboxylate CAS registry number 82657 - 04 - 03 End - use product (EP) 2.0 lb ai/gal emulsifiable - concentrate formulation (Capture® 2EC; EPA Reg. No. 279 - 3069 and Brigade® 2EC; EPA Reg. No. 279 - 3313) 10% wettable - powder formulation (Brigade® WSB, EPA Reg. No. 279 - 3108) O O Cl F 3 C C H 3

C H 3 C H 3Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 6 of 34 **Table 2. Physicochemical**  **Properties of Bifenthrin.** Parameter Value Reference Melting range 68 - 70.6°C Product Chemistry Chapter of the Bifenthrin Tolerance Reassessment Eligibility Decision (TRED), ( DP No. 283808, 8/21/02, S. Levy) pH NA 1 Density 1.26 g/mL Water solubility < 0.1 μg/L Solvent solubility 8.9 in heptane and methanol 125 in acetone, chloroform, ether, methylene chloride, and toluene Vapor pressure 2.41 x 10 - 5 Dissociation constant, pKa Not applicable Octanol/water partition coefficient, Log(KOW) >1 x 10 6 UV/visible absorption spectrum NA 1 NA = information not available. **860.1200 Directions for Use** Grass (grown for seed) IR - 4 submitted proposed supplemental labels for Brigade WSB Insecticide/Miticide (EPA Reg. No.: 279 - 3108) and Brigade 2EC Insecticide/Miticide (EPA Reg. No.: 279 - 3313). The p etitioner also states that the label for Capture 2 EC Insecticide/Miticide (EPA R eg No.: 279 - 3069) supports this tolerance petition, but this label was not provided. The proposed grass use pattern is detailed below in Table 3 which allows two 0.1 lb ai/A treatments to be made for a maximum seasonal rate of 0.2 lb ai/A as appropriatel y demonstrated by the field trials support ing this petition. **Table 3. Summary of Directions for Use of Bifenthrin on Grass. Commodity**  **Trade Name (EPA**

**Reg. No.) Application** 

**Tim ing,**  **Type, and Equipment**  **Ma xim**  **um**

**Application Rate**  **(lb ai/A)**  **Ma xim**  **um**

**Number Applications**  **per Season Ma** **xim um**  **Total**

**Seasonal Application Rate**  **(lb ai/A) PHI** 

**(days) Use Directions** 

**and Limitations PP#**  **9F7602** Grass grown for seed Brigade WSB

Insecticide/Miticide (279 - 3108) Ground an d

aerial 0. 1 Two (2) 0. 2 30 days for forage and hay RTI: 14 days.

Min. spray volume: 10 GPA ground, 2 GP A aerial. Brigade 2EC Insecticide/Miticide (279 - 3313) Ground an d

aerial Not reported Not reported 0. 2 30 days for forage and hay RTI: 14 days.

Min. spray volume: 10 GPA ground, 2 GP A aerial. Tea GAP information was provided for the products Talstar 8SC and Brigade 8 SC for use on tea grown in India. Talstar 8SC is an 8 0 g ai/L SC formulation of bifenthrin. O ne foliar application is made to tea using a spray

volume of 400 L/ha and a 7 - day PHI . The application rate was not provided. For Brigade 8 SC, an 80 g ai/L SC formulation, one foliar application is made at 0.08 kg ai/ha (0.07 lb ai/A) using a spray

volume of 400 L/ha which specifies a PHI of 7 day s.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 7 of 34 Apples, nectarines, and peaches The bifenthrin product s relevant for carrying this use as a time limited emergency exemption are the 10% WP (EPA Reg. No. 279 - 3108) and the 2 lb/gal EC (EPA Reg. No. 279 - 3069) formulations . These end use products were examined through studies mad e in treating pears at the seasonal rate of 0.5 lbs.ai/A (0.45 lbs ai/A post - bloom) following a 14 day PHI. T h is envisioned pattern of use based upon the pear data obtained is delineated below in Table 4 for review. **Table 4**  **. Summary of Directions for Us e of Bifenthrin on Pears to be used for treating Apples, Nectarines, and Peaches.**  **Commodity Trade Name (EPA** 

**Reg. No.) Application** 

**Tim ing,**  **Type, and Equipment**  **Application**

**Rate (lb**  **ai/A) Ma** **xim um** 

**Number Applications**  **per Season Ma** **xim um** 

**Seasonal Application Ra**  **te (lb ai/A)**  **PHI**

**(days) Use Directions and** 

**Lim itations**  **Section 18 Emergency Exemption** Apples, Nectarines & Peaches Brigade WSB

Insecticide/Miticide (279 - 3108) Ground an d

aerial 0.04 - 0.2 Not Reported 0.5 14 days RTI: 30 days. Min. spray vol . : 200 GP A . Apply no more than 0.45 lbs ai/A after petal fall Capture 2EC Insecticide/Miticide (279 - 3069) Ground an d

aerial 0.04

– 0.2 Not Reported 0.5 14 days RTI: 30 days. Min. spray vol . : 200 GP A . Apply no more than 0.45 lbs ai/A after petal fall Con clusions : A revised Section B is needed specifying all applicable directions for the proposed new uses of bifenthrin. For grass, label 279 - 3108 is adequate to allow evaluation of the residue data relative to th is intended new use . The field trial data p rovided appropriatel y reflect the proposed use pattern in supporting two (2) applications made at 0.1 lb ai/A with an RTIof 14 - day s for a seasonal total of 0.2 lb ai/A . However, product l abel 279 - 3313 is inadequate due to the fact that the application rate is not specified . Additionally , both labels are to include that this proposed use carries a regional restriction for only the Pacific Northwest States of Oregon, Washington, and Idaho. The data provided for this petition only support treating grass grown for seed in the Pacific Northwest. The proposed labels inappropriatel y indicate that the products can be used on “Grass Forage, Fodder, and Hay Group and Grass Grown for Seed, Pasture and Rangeland.” This listing should be replaced with “Grass Grown for Seed.” For imported tea, GAP information on its cultivation in India was appropriatel y provided so that the data furnished could be evaluated for establishing a tolerance on this commodity . For treating apples, nectarines, and peaches carried as an emergency exemption in the states of Delaware, Maryland, New Jersey , North Carolina , Penns yl vania, Virginia, and West Virginia application directions must be provided. Amended product labels for the 10% WP (EPA Reg. No. 279 - 3108) and 2 lb/gal EC (EPA Reg. No. 279 - 3069) formulations of bifenthrin are needed . **860.1300 Nature of the Residue**
**– Plants**  **and Livestock** Bifenthrin TRED ; D P No. 283808 , 8/21/02, S. Levy Adequate studies are available depicting the relevant residues of concern for bifenthrin toleran ce enforcement and risk assessment. As such, a dequate metabolism studies made on apples , corn , and cotton were previously reviewed in conjunction with earlier bifenthrin petition s ( PP#5G3201, PP#6F3453 & PP#7F3546) . Based upon these studies, the Metabolism Committee determined that only the parent compound would be the relevant residue of concern to be established for the toleranceBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 8 of 34 enforcement and risk assessment of crops (Metabolism Committee Meeting Minutes, M. T. Flood, 07/27/1993). Adequate ruminant and poultry metabolism studies were likewise reviewed in conjunction with earlier bifenthrin petition s ( PP#5G3201 & PP#6F3453 ). Based upon these studies, the Metabolism Committee subsequently

determined that bifenthrin per se would be the relevant residue of concern established for the tolerance enforcement and risk assessment of livestock (Metabolism Committee Meeting Minutes, M. T. Flood, 07/27/1993). Conclusions . For the purposes of this action, the available m etabolism data will also support the end use product labeling request for grass and tea , as well as apple, nectarine, and peach. **860.1340 Residue Analytical Methods** Bifenthrin TRED ; D P No. 283808 , S. Levy, 08/21/2002 DER for MRID 47920801 , S. Tadayon, 03/22/2010 DER for MRID 47920803 , P. Savoia, 09/XX/2010 ACB Tolerance Enforcement Method Revie w; DP No. D384283, C. J. Stafford, 12/22/2010 Enforcement Methods The registrant has develop ed adequate tolerance enforcement method s which rel y on GC/ECD anal ys es for determining bifenthrin residues in both plant and livestock commodities. The available method for plant commodities works by performing the extraction of the sample with acetone, partitioning with hexane, purification using a Florisil column, and analy sis of residues by GC/ECD. A modified version of the protocol for tree nuts has been provided which enable s it to determine bifenthrin residues in walnut nutmeat . It was initially concluded that the supporting validation data provided wi th the revised GC/ECD tree nut procedure are adequate but a rewritten version of the method should be provided by the registrant. Final review by ACB notes that the revised tree nut enforcement method meets OPPTS 860.1340 test guidelines and rewriting the protocol is no longer considered necessary

(DP No. D384283, C. J. Stafford, 12/22/2010). For ruminant commodities , an established method is available to perform these anal ys es. FMC method P - 1031 is another GC/ECD procedure which has been developed by th e registrant and proven to be adequate for enforcing bifenthrin tolerances in milk and ruminant tissues. The reported LOQ for these methods is 0.05 ppm and in some cases sample extracts may be analyzed by

GC/MSD instead of GC/ECD for the purpose of quanti tation. Data Collection Method s For this petition, field trials acquiring samples of grass forage and hay were anal yz ed for residues of bifenthrin using FMC method P - 2132M. In using this method, residues are extracted with hexane using an accelerat ed solvent extraction sy stem and concentrated. The resulting sample extracts are cleaned up using a Florisil column and subsequently quantitated b y GC/ECD anal ys is. For grass forage, the calculated LOD of the method is 0.01 ppm and the LOQ is 0.03 ppm. The method similarly reports an LOD of 0.03 ppm a long with an LOQ of 0.08 ppm for grass hay . The method was adequatel y validated in conjunction with analysis of samples from the field trials.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 9 of 34 In regard to the residue chemistry data provided to establish a tolerance on imported tea, many of the submissions provided by

the petitioner to support this action were found to be incomplete. However, the data provided in MRID No. 47920803 for determining the magnitude of residue in tea cultivated in India was ad equate. For this study , data were acquired using a Gas - Liquid Chromatograph/Electron Capture Detection (GLC/ECD) instrumental technique. Although no reference number was given for the protocol, it was successfully validated prior to the anal ys is of field samples. T his method works by

macerating a 15 - g aliquot of tea sample at moderate speed with acetone, followed b y evaporat ion and re - constituting it back to a final volume of 250 mLwith acetone. An aliquot of the extract was then purified b y “silica gel” adsorption column clean up using an 18 mm x 450 mm column packed with anhydrous sodium sulphate and silica gel in tandem using 100 mL of hexane. The column in then washed using a 10 0 mLsolvent m ixture of hexane:diethyl ether (97:3 v/v) followed b y 50 mL of hexane with all of the washings being discarded. The sample residue i s then dissolved in 10 mL of hexane and loaded onto a “silica gel” column using another 10 mL of hexane and then w ashed with a 100 mLsolvent mixture of hexane:diethyl ether (97.5:2.5 v/v) . Afterwards, the resulting eluate is then concentrated to near dry ness in a rotary

evaporator. The residue that is acquired is then dissolved in a suitable volume of hexane and quantitated using GL C /ECD analy sis. An LOD of 0.05 ppm for bifenthrin in tea was reported for the method but no LOQ was given. Conclusions . The existing GC/ECD enforcement method s are adequate for collecting data on residues of bifenthrin in both crop and livestoc k commodities. This includes the revised tree nut test procedure submitted by

the registrant. The se method s will be adequate for enforcing tolerance s established as a result of this petition request. The data collection methods used were likewise shown to be adequate for determining the magnitude of bifenthrin in grass forage and hay , as well as in imported tea acquired to support this action. **860.1 360 Multiresidue Methods**  Bifenthrin TRED ; D P No. 283808 , S. Levy, 08/21/2002 The F ood and Drug Administration’s PESTDATA database dated 10/99 (P esticide Analy tical M anual (PAM) Vol. I, Appendix II) indicates that bifenthrin is completely recovered using MRM Section 303 (Mills, Onley , and Gaither Method; Protocol E, non - fatty food) and that recoveries using Section 302 (Luke Method; Protocol D) are variable. No information pertaining to the recovery of bifenthrin using Section 304 (Mills Method; Protocol E, fatty food) is available. Additional MRM data for bifenthrin are not required. The MRM methods are adequate for enforcement of bifenthrin tolerances. **860.1380 Storage Stability** DER for MRID 46960801: DP No. 335688, W. Wassell , 07/25/2007 DP Nos. D274839 & D280288, S. J. Levy, 08/15/2002 The maximum storage duration from harvest to analy sis was 250 day s for grass forage and 244 days for grass hay . For tea, only one of the submitted field studies (MRID No. 47920803) provided sample storage information. The storage durations and conditions of samples from the crop field trials submitted to support this petition are presented below in Table 5.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 10 of 34 **Table 5**  **. Summary of Storage Conditions and Durations of Sam** **ples from Crop Field Trial**  **Studies.** Matrix Storage Temperature (° C) Actual Storage Duration (day s) Interval of Verified Storage Stability (days) Grass (Forage) - 29 to - 15 250 229 Grass (Hay) - 29 to - 15 244 221 Tea (MRID 47920803) < - 18 67 No data available for tea Tea (other studies) Not reported Not reported No data available for tea Apple, Nectarines & Peaches Not reported Not Reported 1470 Storage stability

studies conducted concurrently with grass crop field trial studies indicate bifenthrin is not stable in forge and hay grass when stored frozen for durations greater than 244 to 250 day s . Following correction for laboratory recovery (79% for forage and 77% for hay), average storage stability recov ery was 65% for forage and 44% for hay . Nonetheless, previously submitted data indicate that bifenthrin residues are stable when stored frozen for 12 months in corn flour, 36 months in lettuce, pecans and potatoes along with durations up to 49 months in a pple (DP Nos. D274839 & D280288, S. J. L ev y, 08/15/2002). Conclusions . The storage conditions and durations of samples from the grass field trials are supported by

adequate storage stability data. The data indicate that residues decline by approximately 35% in forage and 55% in hay , requiring the correction of residues from the grass field trial data. For tea, stability data wer e not provided which reflect the storage conditions that were incurred in the crop field trials that were submitted . However, there are stability studies available or existing data for other similar crops which can be translated to substantiate the storag e durations that were incurred for tea samples in this submission. Similarly , the available apple storage stability data are adequate to support the Section 18 request. **860.1400 Water, Fish, and Irrigated Crops** For the purpose of this summary , this guideline require ment is not relevant to this evaluation since bifenthrin has no registered or proposed uses on water or aquatic food and feed crops. **860.1460 Food Handling** For the purpose of th is summary , this guideline require ment is not relevant to this evaluation since bifenthrin has no food - handling uses which are being proposed. **860.1480 Meat, Milk, Poultry, and Eggs** Residue Chemistry Memo randums DP Nos. D335693, D33 5688, D335696 & D335695, W. Wassell (PP#s 6E7125, 6E7126, 6E7127, 6E7128), 07/2 5 /2007 ; DP No. D 355743 , P.Savoia , 12 / 08 /200 8 ; and DP No. 373487, I. Negrón Encarnación , 04/30/2010 . For this petition, the registration of bifenthrin in treating grass grown for seed will be established for use to crops grown onl y i n ID, OR , and WA. T he forage and hay c ommodities of grass are used as a livestock feedstuff commonly fed to cattle. Although this will be a limited use, there also exists an emergency

exemption on orchard grass, which when considered together, necessitates that the secondary transfer of residues to livestock be assessed. Following current guidelines, dietary burden was subsequentl y re - calculated for bifenthrin using the max imum reasonabl y balanced diet to livestock (Table 6) . Because both grass forage and hay are roughage, only

grass forage was used in this re - calculation since the percent dry matter of this feed will result in greater levels for a moreBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 11 of 34 conservative evaluation. For this re - assessment, the estimated dietary burden was found to be 1.58 ppm for beef cattle and 3.63 ppm for dairy cattle. These values are found to be consistent when compared to the prior determination of livestock dietary b urden made for bifenthrin pursuant to PP#s 6E7125 - 6E7128 (DP Nos. D335688, D335693, D335695 & D335696, W. Wassell, 07/25/2007). Based upon this assessment, HED concludes that the established bifenthrin livestock tolerances remain appropriate and do not ne ed to be changed . **Table 6.**  **Maximum Re a**  **sonabl y Livestock**  **Dietary Burdens (MRDB)**  **for Bifenthrin**  **.** Feedstuff Ty pe 1 % Dry Matter2 % Diet2 Tolerance or

STMR/HR3 (PPM) Dietary Contribution (ppm) 4 **Beef Cattle : 15% R, 80% CC, 5% PC**  Grass, forage HR5 R 25 15 1.97 5 1.18 Grain, aspirated fractions MR6 CC 85 5 70.0 (11.2) 7 4.12 (0.33) Corn, field, grain MR CC 88 75 0.05 0.043 Cottonseed, meal MR PC 92 5 0.5 0.028 **TOTAL BURDEN --**  **-- 100**  **-- 1.58**  **Dairy Cattle : 45% R, 45% CC, 10% PC**  Grass, forage HR 5 R 25 45 1.97 5 3.55 Corn, field, grain MR CC 88 45 0.05 0.026 Cotton, undelinted seed MR PC 88 10 0.5 0.057 **TOTAL BURDEN --**  **-- 100**  **-- 3.63**  **Poultry : 75% CC, 25% PC**  Corn, field, grain MR CC 88 65 0.05 0.0325 Cow pea/ field pea/lupin seed MR CC 88 10 0.15 0.015 Cottonseed, meal MR PC 85 20 0.5 0.1 Soy bean, meal MR PC 92 5 0.2 0.01 **TOTAL BURDEN --**  **-- 100**  **-- 0.16**  **Swine : 85% CC, 15% PC**  Cor, field, grain MR CC 88 85 0.05 0.0425 Cottonseed, meal MR PC 85 15 0.5 0.075 **TOTAL BURDEN --**  **-- 100**  **-- 0.12**  1 R: roughage; CC: carbohydrate concentrate; PC: protein concentrate. 2 OPPTS 860.1000 Table 1 Feedstuffs (June 2008). 3 Supervised Trial Median Residue/Highest Residue (STMR/HR). 4 Contribution = ([tolerance /% DM] x % diet) for beef and dairy cattle; contribution = (tol erance x % diet) for poultry and swine. 5 Highest Residue (HR). 6 Median Residue (MR). 7 The value in parenthesis represents 16% of the tolerance level for Aspirated Grain Fractions ( AGFs ) . AGFs are normally a composite of more than one grain (corn (46%), wheat (36%), sorghum (6%), and soybeans (16%)). Bifenthrin is not registered for use on wheat and sorghum. Bifenthrin is registered for use on field corn; however, the requirement for data concerning AGFs from corn has been waived as grain samples resulting from the registered use pattern exhibited non - detectable residues of bifenthrin (<0.01 ppm). Apple wet pomace is a recognized livestock feedstuff for dairy cattle . This processed commodity is generall y produced onl y within the prominent apple processing states (e.g., MI , NY, OR, PA, VA, WA). It is a seasonal feed item that i s used within a 100 mile radius of the processing plant . It is not fed to finishing feedlot beef because it would cause digestive problems when fed to an animal that is on high - level grain diet and is therefore only fed to local dairy

cattle on occasion. For this reason, a re - calculation of dietary

burden is not being made at this time because the apple use is only being established for a time limited emergency exemption. However, if a request is made to establish permanent apple tolerances, dietary burden should be re - calculated to consider apple wet pomace .Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 12 of 34 Conclusions . Establishing tolerances for the commodities of grass grown for seed have been concluded to not contribute to the secondary transfer of bifenthrin residues to cattle through feeding. Re - calculation of dietary

burden has shown that the tolerances established for bifenthrin on livestock commodities remain appropriate . In regard to the emergency exemptions which are sought, this a t ime limited use which may have an effect on an alternative feed that is only consumed in small quantities. A re - calculation of dietary burden considering apple wet pomace should be made if a permanent apple tolerance is requested . **860.1500 Crop Field Trials** For PP#9E7652, IR - 4 is requesting registration for the use of bifenthrin on grass grown for seed and the est ablishment of a tolerance on imported tea. To satisfy data requirements, IR - 4 has submitted a study for determining the magnitude of bifenthrin residue found i n grass forage and hay . In addition, nine (9) studies/reports were included from India, China, Japan, and Indonesia to characteriz e the magnitude of bifenthrin residue found in/on imported tea. N o raw data were included in the se submissions and all results presented herein are subsequently summarized from the original studies /rep orts on imported tea provided b y IR - 4. Many of the se submissions are inadequate due to the lack of information, such as application rate, PHI, storage length and conditions, and analy tical methodology . Nevertheless, MRID No. 47920803 is considered to be scientifically acceptable though it was found to lack concurrent recovery information. For review, a summary of the residue data acquired from these field trial studies which were undertaken are presented below in Table 7 . **Table 7**  **. Summary of Residue D**  **ata from** **Grass and Tea Data Acquired for Bifenthrin.** Commodity Analytes Total App. Rate (lb ai/ acre ) PHI

(days) n Residue (ppm) 1

Min. Max. HAFT 2 Median Mean Std. Dev. **Grass, Grown for Seed** Grass Forage Bifenthrin 0.199 - 0.207 29 - 36 10 0.11 2.18 1.97 0.48 0.73 0.72 Grass Hay 29 - 43 10 0.20 6.66 6.66 0.32 1.62 2.65 **Im ported Tea**  3 Tea ( F resh leaf) Bifenthrin 0.053 7 9 0.88 8.80 8.04 6.40 5.20 3.22 Tea (Processed black tea) 9 0.52 7.78 7.60 6.45 4.86 3.29 1 For the determination of the HAF T, median, mean, and standard deviation, the LOQ (0.03 ppm) for forage the LOQ of (0.08 ppm) for hay and were assumed for residues reported as <LOQ. 2 HAFT = highest - average field trial. 3 Imported tea results are summarized from MRID No. 47920803. These r esidue values have been corrected by a factor of 1.33x to provide proportionality between the actual rate of application made at 60g ai/ha not being comparable to the reported GAP maximum of 80 g ai/ha. Grass grown for seed DER for MRID No. 47920801 , S. Tadayon, 03/22/2010 . IR - 4 submitted residue data for five grass (seed crop) field trials conducted in NAFTA growing regions Zone 11 (n=2; ID and WA) and Zone 12 (n=3; OR). Each trial consisted of one untreated control plot and one treated te st plot. The treated plots received two broadcast foliar applications of Capture® 2EC (emulsifiable concentrate; 2 lb ai/gallon). The application rates were made at 0.099 - 0.104 lb ai/A per application for a total rate of 0.199 - 0.207 lb ai/A per season wi th a R e - treatment Interval (RTI) of 13 - 14 day s. All applications were made using spray equipment in 24 - 26 gal/A spray volumes without the use of an adjuvant.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 13 of 34 Duplicate samples were harvested. Forage samples were harvested 29 - 36 day s after the last application and hay

samples were harvested 29 - 43 day s after the last application. The samples were anal yz ed for bifenthrin using a working method very similar to the reference method, “Anal yt ical Method for the Determination of Bifenthrin in/on Various Crops and Soils.” P - 2132M, FMC Corporation, 1989. The method is adequate based on acceptable concurrent and method validation recovery data. The storage data in MRID No. 4 7920801 show significant degradation can occur over time (35% decline in forage and 55% decli ne in hay , following approximately 230 day s in frozen storage ). Therefore, residues were corrected for potential declines during frozen storage. Following two applications of the 2 lb ai/gal EC formulation at a total rate of 0.199 - 0.207 lb ai/A per season , total residues of bifenthrin in grass forage were in the range 0.11 - 2.18 ppm in samples taken at 29 - 36 days PHI . The total residues of bifenthrin in grass hay were in the range 0.20 - 6.66 ppm in samples taken at 29 - 43 day s PHI. Conclusions . The s ubmitted residue data made for the grass forage and hay commodities are adequate in fulfilling these data requirements . The number and location of field trials were sufficient in scope having been undertaken in the Pacific Northwest States of Oregon, Wash ington, and Idaho because this use will be limited to this growing area. They were made appropriatel y in line with the additional guidance requirement on this crop, “Grasses Grown for Seed”, an Agency memorandum dated 09/30/2000. This memorandum requires the collection of forage and hay data for this commodity

since it is considered to be a subgroup of grass pasture and rangeland. Use of the Organization for Economic Cooperation and Development (OECD) calculation procedures was made to determine appropri ate tolerance levels (Attachment 2 ). Thus , tolerance s of 3.0 ppm for grass forage and 6.0 ppm for grass hay are recommended when utilizing the uncorrected values from the field trial studies. After correction for storage stability decline, tolerance leve ls of 4.0 ppm for grass forage and 1 5 ppm for grass hay result . Accordingl y , HED recommends a tolerance of 4.0 ppm in/on grass forage and 1 5 ppm in/on grass hay for residues of bifenthrin based on the residue data f rom grass grown for seed. These levels are higher than those proposed b y the petitioner and require a revised Section F for this action. Tea DER References: MRID Nos. 47920802 - 47920810 To support the establishment of a bifenthrin tolerance on imported tea, nine (9) studie s/reports from India, China, Japan, and Indonesia were provided for characteriz ing the magnitude of residue in/on this commodity . Man y of the se submissions were found to lack detailed information concerning application rate s , PHI, storage length and condi tions, and anal yt ical methodology . For these submissions , DERs could not be prepared but the key information they is summarized below. MRID No. 47920803 IR - 4 has submitted a report summarizing the results of two studies for bifenthrin made on tea conducted in India. No raw data were included in the submission and all results noted in the report are presented herein.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 14 of 34 The FMC Corporation Agricultural Products Group sponsored this study to determine the magnitude of bifenthrin residue in black tea and its fresh leaf . The United Planters Association of Southern India (UPASI) conducted two field trials in Tamil Nadu, India (municipalities of Valparai and Nilgris ) and one in Assam, India (municipality of Tocklai). This study

was held in an area which is represent ative of the major tea - growing regions in southern and northern In dia , respectively . One treated test plot and one untreated control field w as established at each trial site. Each treated plot received one application of Talstar 2EC , an emulsifiable concentrate formulation containing 2.0 lb bifenthrin/gal (240 g ai/liter) . Treatment was made using a hand operated knapsack spraye r applied at the targeted rate of 0.053 lb bifenthrin/A (60 g ai/ha). All applications were made with a spray volume of 53.5 gallons per acre (500 L/ha). Following the industry practice in India of a 7 - day PHI when treating the crop , tea shoots (three leaves and a bud) were collected from the treated plots for testing. From the harvested tea shoots, a p ortion was processed into black tea with the remaining sample submitted for testing as fresh leaf. The samples of black tea and fresh leaf were subsequently anal yz ed for residues of bifenthrin. For this study , the fresh leaf and black tea samples were anal yz ed using a GLC/ECD method . Quantitation of the tea samples was carried out following extraction with acetone by maceration and cleanup with adsorption column chromatograph y. Th is method was successfully validated beforehand demonstrated through the anal ys is of fortified samples . The mean recovery of bifenthrin ranged from 86.58 to 99.27% using control samples of black tea and fresh leaf fortifi ed at concentrations of 0.0593 to 10.0664 ppm for testing. The reported LOD of the method for bifenthrin in tea was determined to be 0.05 ppm. The data submission did note that the maximum storage interval from sampling to completion of anal ys is was 67 day s (2.2 months). However, the specific times from sample collection to extraction as well as the interval between preparation and final anal ys is were not reported. No concurrent storage stability

data were submitted in part with this study . To ensure the integrity of the samples were maintained, it was reported that they were kept frozen (< - 18 oC) after sh ipment to the analy tical laboratory until anal ys is . Inall, the b ifenthrin residues obtained from the three field trial locations comprising this study ranged from 0.39 to 5.85 ppm in black tea and between 0.66 to 6.62 ppm in the fresh leaf samples. It i s important to note that the actual application of product made at 60 g ai/ha to the tea crop cultivated in this study was approximately

25% less than the reported maximum GAP rate of 80 g ai/ha . In order to assume proportionality between the actual rate of application and the GAP maximum, a correction factor of 1.33x was applied to this data (Table 7 summary of tea results) for interpreting the magnitude of bifenthrin residue in/on tea. Although there were a number of minor data deficiencies in both the in - life and anal yt ical phases of th e study, it was for the most part compliant with the OPPTS 860.1500 Residue Chemistry Test Guidelines . T his study aptly shows the variation in residue levels which can occur when cultivating tea at different regions foll owing common industry

practices. The following studies provided to support this action were considered but not used for tolerance setting purposes due to the various deficiencies identified in this assessment. MRID No. 47920802 IR - 4 has submitted a repo rt summarizing the results of two studies for bifenthrin made on tea conducted in India. No raw data were included in the submission and all results noted in the report are presented herein.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 15 of 34 The United Planters Association of Southern India (UPASI) Tea Research Foundation conducted two trials at separate locations in Tamil Nadu, India (municipalities of Valparai and Gudalur) investigating the magnitude of bifenthrin residue in black tea . Each trial site included two treated fields and the use of control plots was not discussed. The first treated plot received one foliar broadcast spray application of Talstar 8 SC, a soluble concentrate formulation containing 0.668 lb bifenthrin per gallon (80 g ai/L) at a target application rate of 0.018 lb ai/A (0.02 kg ai/ha). The second treated plot received one foliar broadcast spray application of Talstar 8 SC at a target application rate of 0.036 lb ai/A (0.04 kg ai/ha). All applications were made with a spray volume of 42.8 gallons per acre (400 L/ha). Followin g the industry practice in India of a 7 - day PHI when treating the crop, the green tea leaf samples were collected in line with this protocol. The collection of additional samples also occurred on 0, 10 , and 14 day s after application . This was done to ena ble a residue decline study

to be made since other harvesting intervals can occur depending on the season and growth rate of the tea crop. The harvested green tea leaves were dried and fermented into black tea following standard manufacturing processes fo r final anal ys is to determine the extent of bifenthrin residue in this end - product. In a separate study, the Tea Research Association (TRA) conducted a single trial in Assam, India (municipality

of Tocklai) to likewise investigat e the magnitude of bifenthrin residue in black tea . The treated plot received a single foliar broadcast spray application of Brigade 8 SC, a soluble concentrate formulation containing 0.668 lb bifenthrin per gallon (80 g ai/L) at a target application rate of 0.071 lb ai/A (0.08 kg ai/ha). The application was made with a spray volume of 42.8 gallons per acre (400 L/ha) and the use of control plots was not discussed. The green tea leaf samples were harvested at a PHIof 7 day s following industry protocol with additional samples als o being collected on 0, 3, 5, and 14 day s after application . The green tea leaves were then dried and fermented into black tea for final anal ys is to determine the extent of bifenthrin residue in this end - product. The dried tea samples from the Tamil Nadu trials were anal yz ed for residues of bifenthrin using a validated GLC/ECD method . The method LOD of bifenthrin in/on tea was determined to be 0.01 ppm and no LOQ was reported. The dried tea samples from the Assam trial were anal yz ed for residues of bifenthrin using a validated G as - L iquid C hromatograph y /Nitrogen Phosphorous D etection/E lectron - C apture D etection (GLC / NPD/ECD) procedure . The determined LOD for this method i s reported to be 0.02 ppm. These anal yt ical proced ures are considered to be adequate for data collection based on the acceptable method recovery results that were provided . Sample storage conditions and durations were not delineated in the submission but the stability of the anal yt ical standards was checked at periodic intervals throughout the study. F or the Tamil Nadu trial, the submission notes that for an y field sample held more than 24 hours, residue stability is demonstrated b y the recovery studies made to monitor the anal yt ical standards. As f or the Assam trial , the submission states that all samples were extracted immediately upon receipt in the laboratory and did not involve extensive storage prior to analy sis. Although specific storage durations from harvest to extraction could not be deter mined, storage stability

data are not required if the samples were stored for less than 30 day s. Residues of bifenthrin ranged from 0.64 to 4.76 ppm in tea harvested 7 day s following a single broadcast foliar application of Talstar 8 SC for a total foliar rate of 0.018 lb ai/A (0.02 kg ai/ha) . R esidue levels of 2.92 to 7.62 ppm were found in tea harvested 7 day s following a single broadcast foliar application of Talstar 8 SC for a total foliar rate of 0.036 lb ai/A (0.04 kg ai/ha). B ifenthrin concentrati ons were likewise observed at 0.83 ppm in tea harvested 7 day s following a single broadcast foliar application of Brigade 8 SC for a total foliar rate of 0.071 lb ai/A (0.08 kg ai/ha).Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 16 of 34 Results from the residue decline study performed at the Tamil Nadu field sites with application rates at 0.018 lb ai/A (0.02 kg ai/ha) and 0.036 lb ai/A (0.04 kg ai/ha) were carried out. For this determination four sampling intervals corresponding to PHIs of 0, 7, 10 , and 14 day s i ndicated that residues of bifenthrin de clined when the timeframe to collection increased. These results showed that residue levels declined rapidly for the first 7 day s after application and then continued to diminish at a slower rate to Day

14. For this determination, all residues were found to remain above the LOD (0.01 ppm) out to Day

14. Results from the residue decline study performed at the Assam field site with an application rate of 0.071 lb ai/A (0.08 kg ai/ha) were likewise acquired. For this determination, five sampling intervals corresponding to PHIs of 0, 3 , 5 , 7, and 14 day s i ndicated that residues of bifenthrin declined when the timeframe to collection increased. Residues were observed to decline quickly for the first 3 days after treatment and then continued to lessen at a s lower rate to Day 14. Similarly , residue levels were all observed to remain above the LOD of 0.02 ppm out to Day 14. The decline rate for the tea crops treated at the two lower application levels was more rapid than those which received treatments at the higher rate. In addition to the field trial data, this submission also included residue data from the Tetley Group, Shan s han Tea, and Finlay Tea. Data received from The Tetley Group lists the results from bifenthrin residue analy ses of tea in commercial shipments from various countries. The highest residue indicated is 0.25 ppm. A summary of bifenthrin residue results from tea grown and anal yz ed in China, obtained from Shan s han Tea, indicates that the highest residues were in the range 1 - 5 ppm. A list of the results of bifenthrin residue anal ys es of tea originating in India and Japan, from Finlay Tea, shows that the highest residue was 0.16 ppm. Under the conditions and parameters used in this study , the magnitude of bifenthrin residue was demonstrated in the samples of green tea that were acquired. However, in following the OPPTS 860.1500 Residue Chemistry Test Guidelines, a number of deviations were evident in this data submission. Most notably, that onl y one sample was collected for each field trial and no sample storage conditions along with the durations that were incurred are reported . Inaddition, there are also a number of minor data deficiencies pertaining to both the in - life and analytical phases of the studies which can be attributed to a lack of detailed information . MRID No. 47920804 IR - 4 submitted residue decline data for seven tea trials conducted in India during 1984 and 1985. Tea was treated with one application of FMC54800 (10EC) at a dilution rate of 2000X, 3000X, 4000X, or 6000 X. Corresponding application rates were not provided, though the recommended dose was reported as 4000X to 6000X. Treated tea samples were collected 30 minutes after application and at approximately

1, 3, 7, 10, 14, 17, and 20 day s after application. Samples were extracted using toluene and x yl ene, concentrated, cleaned up using a Florisil column, and dried using anhydrous sodium sulfate. Quantitation was made using a GC/ECD protocol with average recoveries ranging from 87.5 to 98.7% for control samples fortified at 0.1, 1, and 5 ppm. The LOQ of the method was reported to be 0.001 ppm with no information on storage duration and conditions being provided. Residues in both fresh tea and dry tea trials declined with increasing pre - harvest intervals with a halflife report e d for the study to be 3.2 day s. At a PHI of 7 day s, residues of bifenthrin ranged from 1.52 ppm to 4.31 ppm. Specifically , residues of bifenthrin in fresh tea were 3.71 ppm and 1.52 ppm at theBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 17 of 34 2000X dilution rate and 2.96 ppm and 3.17 ppm at the 4000X dilution rate. In dried tea, the residues were 4.31 and 1.22 ppm at the 2000X dilution rate, 1.76 ppm at the 3000X dilution rate, 2.39 ppm and 3.09 ppm at the 4000X dilution rate, and 2.07 ppm at the 6000X dilution rate. For this study , concentrations were such that no re sidues reach ed the L OQ by day 20. In this study residues of bifenthrin in tea soup were also analyzed. Tea was treated with bifenthrin and processed on the same day . The tea was soaked in boiling water three times. Average residues of bifenthrin were 7.9 ppm in the tea and 0.345 ppm in the tea soup (extraction rate of 4.4%). No other information was provided, such as application rate and storage information. In following the OPPTS 860.1500 Residue Chemistry Test Gui delines, a number of deviations were evident in this data submission. As such , a DER was not completed for this submission because it lacked sufficient i nformation concerning the cultivation of the tea samples used to carry out this study . MRID No. 47920805 A paper published in Pesticide Science, Volume 23, 1988 , pages 109 - 118 , describes the degradation of pesticides applied to tea. The paper does not include bifenthrin, but other py rethroid insecticides are discussed in this journal article . Cons equentl y, a DER was not prepared for this data submission because it lacked sufficient information. MRID No. 47920806 IR - 4 submitted residue decline data for tea trials conducted in two locations in China (Xinchang and Yuhang, Zhejiang Province) in 2002 . The product used in the field trials was 2.5% Talstar EC. Four trials were conducted at each location, which consisted of one, two, or three applications at 450 ml/ha (0.01 kg ai/ha or 0.009 lb ai/A), or one application made at 1200 ml/ha (0.03 kg ai/ha or 0.02 lb ai/A) . Tea samples were harvested 7 day s after the final application. In Xinchang, samples consisted of yo ung buds with one leaf, which were stir - fried to Da - fo Longjing tea and stored until analy sis. In Yuhang, young buds were collected an d stir - fried. T wo samples were collected from each treat ed test plot for anal ys is . Samples from the Xinchang test area treated one time at the low rate had a maximum residue of 0.3 2 ppm. Those which were treated twice at the low rate had a maximum res idue of 0.42 ppm. The other s amples treated three times at the low rate had a mean residue of 0.73 ppm along with those being treated once at the high rate had a maximum residue of 0.5 2 ppm. For the Yuhang test area , samples treated one time at the low rate had a maximum residue of 1. 7 0 ppm . Alternatel y, s amples treated twice at the low rate had a maximum residue of 0.8 2 ppm . For the s amples treated three times at the low rate , a maximum residue of 1.96 ppm was found. In regard to the samples treated o nce at the high rate , maximum residues were observed at a concentration of 2. 10 ppm . For this submission, n o information was provided on the anal yt ical method used or storage duration and conditions that were incurred. As a result, a DER was not prepared for this study because it lacked man y of the data requirements of the OPPTS 860.1500 Residue Chemistry Test Guidelines .Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 18 of 34 MRID No. 47920807 IR - 4 has submitted results of a field trial that was conducted in Indonesia in which Talstar 2 5 grams/liter EC was applied to fresh, green, and black tea at rates of 0.060 kg a.i./ha (0.054 lb ai/A) and 1.0 kg a.i./ha (0.089 lb ai/A). Two samples from each treat ed test plot were collected, as well as two samples from untreated control plots. No f urther experimental design information was specified, including the PHI or storage conditions and intervals. A detailed analy tical method for the analy sis of the samples was provided. The samples were analy zed using either a GC /E CD or GC /MS protocol whic h is referenced as FCC/BIFENTRIN

– DRY CROPS/96/1. Briefl y, samples were extracted using acetone, partitioned using hexane, and purified using a florisil column. Acceptable concurrent recoveries were obtained. Maximum residues of bifenthrin in fresh tea leaves were 0.83 ppm (low rate) and 3.93 ppm (high rate). Maximum residues in green tea were 3.58 ppm (low rate) and 4.59 ppm (high rate). Maximum residues in black tea were 1.50 ppm (low rate) and 2.23 ppm (high rate). For this submission, a DER was n ot prepared because it for this study because it lacked man y of the data requirements of the OPPTS 860.1500 Residue Chemistry Test Guidelines . MRID No. 47920808 IR - 4 has submitted a report summarizing the results of two studies for bifenthrin made on tea conducted in India. No raw data were included in the submission and all results noted in the report are presented herein. For this study , the Institute of Himalayan Bioresource Technology (IHBT) Council of Scientific and Industrial Research carried out two (2) field trials in Banuri, P alampur India . It was undertaken to investigate the dissipation behavior of bifenthrin residue in tea shoots, processed tea, infused tea (brew) and spent tea leaves . One field trial was initiated in the dry se ason (April, 2003) and another in the wet season (July , 2003). Each trial site was comprised of one control parcel and two treated test plot s that were divided into four sub plots to enable the collection of four replicate samples to be made at various int ervals . The first treated plot received one foliar broadcast spray application of the Talstar 8 SC soluble concentrate product c ontaining 0.668 lb bifenthrin per gallon ( 8 0 g ai/L) made at the rate of 0.036 lb ai/A (40 g ai/ha). The second treated plot r eceived one foliar broadcast spray application of Talstar 8 SC made at the rate of 0.071 lb ai/A (80 g ai/ha) . All applications were made with a hand operated knapsack sprayer using a spray volume of 42.8 gallons per acre (400 L/ha). Following the industry practice in India of a 7 - day PHIwhen treating the crop , tea shoots (three leaves and a bud) were collected from the treated plots for testing. Green tea leaf samples were also harvested from the treated plots at 0 (1 hour after the application), 3, 5, 9, 11, 14, and 21 day s following application to evaluate residue decline . The harvested tea leaves went through a manufacturing p rocess which involved withering (reduction of moisture in the shoots), rolling, oxidation (fermentation), and drying. The processed tea was further subjected to infusion wherein 5 g of the processed tea was infused in 150 mLof boiling water. All of the tea sample matrices comprising this study were anal yz ed for residues of bifenthrin using a GC/ECD method ology . The study report notes that the LOD for bifenthrin in all four tea matrices (tea shoots, processed tea, infused tea, and spent tea leaves) is estimated to be 0.05 ppm by combining the values that were obtained . The study report did not note an LOQ nor were sample storage conditions and durations that were incurred provided in the summary .Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 19 of 34 R esidues levels of bifenthrin in the green tea shoot samples harvested at a PHIof 7 - day s were found to average 0.32 ± 0.03 ppm (dry season) and 0.13 ± 0.0 2 ppm (wet season) for the Talstar 8 SC application made at 0.036 lb ai/A (40 g ai/ha) . R esidue levels were found to average 0.50 ± 0.05 ppm (dry season) and 0.23 ± 0.05 ppm (wet season) following application of Talstar 8 SC made at 0.071 lb ai/A (80 g ai/ha). Average residues in the processed tea harvested at the PHI of 7 - days were found to be 0.38 ± 0.05 ppm (dry

season) and 0.18 ± 0.02 ppm (wet season) for the 0.036 lb ai/A (40 g ai/ha) treatment rate. Alternately , residues averaged 0.60 ± 0.06 ppm (dry season) and 0.21 ± 0.02 ppm (wet season) for the application rate made at 0.071 lb ai/A (80 g ai/ha). Residues of bifenthrin were not detected in brewed tea from samples harvested at the 7 - day PHI for both application rates. For the spent tea leaf s amples harvested at a PHI of 7 - day s, residue levels averaged 0.07 ppm (dry season) and 0.07 ppm (wet season) following treatment made at the 0.036 lb ai/A (40 g ai/ha) rate. At the 0.071 lb ai/A (80 g ai/ha) application rate, residues were found to averag e 0.11 ppm (dry season) and 0.05 ppm (wet season) in the spent tea leaves harvested at the PHI of 7 - days. R esidue decline studies were made for each application rate using sampling intervals which correspond ed to PHIs of 0, 1, 3, 5, 7, 9, 11, 14, and 21 d ay s . These results indicate that residues of bifenthrin in tea decline with increasing pre - harvest intervals for collection . The residues declined rapidly for the first 3 days after the application and then continued the decline at a slower rate until th ey were undetectable. By D ay- 11 , bifenthrin was undetectable in all matrices for both the dry and wet season trials. Overall, residues of bifenthrin degraded more rapidly in wet season tea than in dry season tea. The study

also notes that the processing of green tea shoots contributes to a considerable loss of bifenthrin ( ≥ 42%) and onl y a partial transfer of residues (1.5% to 14%) when brew ed. Under the conditions and parameters used in this study , the magnitude of bifenthrin residue was shown in the tea samples that were acquired. However, in following the OPPTS 860.1500 Residue Chemistry

Test Guidelines, a number of deviations were evident in this data submission which adversel y affects the completeness of this study . Most notably , the timing of the product applications is not known , it is uncertain if adjuvants were used , meteorological conditions for the field trials w ere not reported , and the sample storage conditions as well as durations are not provided . In addition, it is not known if the an al yt ical method was previously validated , no individual data points were reported (onl y mean values with some standard deviations ), and no raw data were provided t o support the reproducibility

of the method or the lack of potential interferences. MRID No. 47920809 IR - 4 submitted residue decline data for four tea trials conducted in Japan during 1985 and 1987. Limited experimental design data was provided for three of the trials that were made . For these three trials, tea was treated with two applicatio ns of Talstar 2 WP at a 1,000X dilution (2 g ai/hl), with a final spray

volume of 4,000 l/ha. Based on these parameters, the resulting single application rate was 0.08 kg ai/ha (0.07 lb ai/A) , for a total application rate of 0.16 kg ai/ha (0. 14 lb ai/A). Tea was treated at a weekly

interval. Tea was harvested at intervals of approximately 7, 14, 21, and/or 28 day s. T he tea tree was covered by shade for 7 to 13 day s before harvest. T he number of samples collected per treat ed t est plot w as not provided. Additionally , sample storage conditions and duration were not provided. Briefl y, the method works by extracting the samples using acetone. After removal of acetone, NaCl solution was added and the sample is extracted again with dichloromethane. The water and organic solvent was removed from the dichloromethane layer and the fraction is concentrated. The sample fraction is purified with florisil column chromatograph y and partitioned with a mixture of acetonitrileBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 20 of 34 and hexane. The residues are then qu antitated using GC/ECD analy sis with concurrent recovery data (two samples at one fortification level) provided to show the proficiency of the procedure. The LOQ for the method was reported to be 0.005 ppm to 0.01 ppm respectivel y for each tea matrix anal yz ed. Processed tea leaves from the four trials had mean residues in the ranges 5.12 - 36.0 ppm after a PHI of o ne - week, 0.976 - 17.8 ppm at two weeks, and 0.442 - 4.97 ppm after three weeks. At a PHI of 6 day s, the maximum individual residue from all four trials was 36.2 ppm in processed tea. However, in brewed tea, the respective residue ranges were 0.014 - 0.04 ppm, <0.005 - 0.04 ppm, and <0.005 - 0.01 ppm. T he maximum individual bifenthrin resi due was 0.074 ppm. For this submission, a DER was not prepared because it for this study because it lacked man y of the data requirements of the OPPTS 860.1500 Residue Chemistry Test Guidelines . MRID No. 479208010 IR - 4 has submitted a report summarizing the results of two studies which total 16 field trials made for bifenthrin on tea that were conducted in China during the 2006 and 2007 growing seasons . No raw data were included in the submission and all results noted in the report are presented herein. The FMC Plant Protection Company held sixteen (16) trials at two locations in the Guangdong and Zhejiang P rovinces of China. It was carried out to investigate the magnitude of bifenthrin and imidacloprid residues found in fresh green tea leav es, processed tea, and soil occurring in these regions. As such, onl y the findings pertaining to the use of bifenthrin for cultivating fresh tea leaves and the occurrence of any residues retained in its processed end - product are addressed in this summatio n. For the field trials conducted in 2006 , five (5) established plots in Yingde City of the Guangdong Province and Zhuji City of the Zhejiang Province were utilized in this portion of the study . The first plot in each province received one foliar spray application of 15% imidacloprid - bifenthrin SC soluble concentrate formulation made at the target application rate of 60 ml/mu. The second plot in each province received two foliar spray applications of th is test product made at 60 ml/mu treatments for a total application rate of 120 ml/mu. The third plot in each province received one treatment o f the test product made at 90 ml/mu with the forth parcel in each province receiving two spray s at the 90 ml/mu rate for a total application of 180 ml/mu . The fifth plot did not receive an y treatments of the test product and was used for the collecting control samples. The report did not provide enough information about the test product to allow for a calculat ion of the application rate specific to bifenthrin t o be made as the active ingredient. T he petition submitted by the r egistrant only notes that the application rates of bifenthrin used in this study were 22.5 g ai/ha and 33.75 grams ai/ha made using a spray

volume of 600 liters/ha . N o supporting data wer e likewise provided in the petition to enable the targeted application rates for study to be verified as well . The study was again repeated during the 2007 growing season held at the same locations using the same number of test plots . For this phase of the study , the same test product was again applied using the same target ed treatment rates to provide an additional eight field trials for evaluation . It was noted that all applications were made with a spray volume of 64.1 gallons per acre (600 L/ha). In regard to the test plots which were designated to receiv e two spray treatments , the intervals for application were reported to range from 5 to 7 days. Triplicate tea leaf samples were harvested at 3, 7 and 10 day

PHIs. The harvested tea leaves were collected from the field and subsequently manufactured into the processed end - product .Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 21 of 34 All of the tea sample matrices comprising this study were anal yz ed for residues of bifenthrin using a GC/ECD method ology . The report ed LOD for bifenthrin in/on fresh tea leaves and the processed tea end - product was determined to be 0.01 ppm for both sample matrices . The study report did not note an LOQ but acceptable method recovery results were provided demonstrating the test procedure was adequate for data collection. The submission did note that all fresh tea leaf and processed tea samples were stored at - 20 o C. However, the sample storage durations that were incurred for this study are not noted and no discussion of the stability of bifenthrin in tea held under similar conditions is given in the submission . For the fresh green tea leaf samples, mean residues of bifenthrin were found to decrease from 0.038 (Day- 3) to 0.012 ppm (Day- 10) following a single application of 15% SC test product made at the 60 ml/mu rate. Following two treatments made at the total application rate of 120 ml/mu, mean residues of bifenthrin were observed to decrease from 0.066 (Day- 3) to 0.015 ppm (Day- 10) in the fresh green tea leaf samples . Alternately , after a single application of 15% SC test product made at the 9 0 ml/mu rate, mean residues of bifenthrin were found to decrease from 0.068 (Day- 3) to 0.018 ppm (Day- 10) in the fresh green tea leaves. For the treatments made at the total application rate of 1 8 0 ml/mu, mean residues of bifenthrin were similarly observed to decre ase from 0.092 (Day- 3) to 0.024 ppm (Day- 10) in the fresh green tea leaves . In regard to the processed tea samples, mean residues of bifenthrin were found to decrease from 0.086 (D ay- 3) to 0.023 ppm (Day- 10) following a single application of 15% SC test product made at the 60 ml/mu rate. Following two treatments made at the total application rate of 120 ml/mu, mean residues of bifenthrin were observed to decrease from 0.068 (Day- 3) to 0.013 ppm (Day- 10) in the processed tea samples . After a single application of 15% SC test product made at the 9 0 ml/mu rate, mean residues of bifenthrin were found to decrease from 0.117 (Day- 3) to 0.026 ppm (Day- 10) in the processed tea samples . Fo r the treatments made at the total application rate of 1 8 0 ml/mu, mean residues of bifenthrin were similarly observed to decre ase from 0.111 (Day- 3) to 0.031 ppm (Day- 10) in the processed tea samples . M ean residues of bifenthrin did not exceed 0.1 3 ppm in either the fresh green tea leaves or processed tea samples for an y number of applications or treatment rates tested in this study . Under the conditions and parameters used in this study , the magnitude of bifenthrin residue was shown in the tea samples that were acquired. However, in following the OPPTS 860.1500 Residue Chemistry Test Guidelines, a number of deviations were evident in this data submission which adversely affects the completeness of this study. Most notabl y, there was not enough in formation provided to calculate the rate of application , the timing of the treatments made are not known , application intervals were not reported , meteorological conditions for the field trials w ere not reported , and whether adjuvants were used are not not ed. In addition, there was no discussion supporting the stability of bifenthrin in samples stored at - 20 o C , and no raw data were provided t o support the reproducibility of the method or the lack of potential interferences. Conclusions . For the purpose o f establishing a tolerance on imported tea, many of the submissions provided are inadequate because they fail to provide application rate s , PHI s , storage length and conditions, and raw data to support the anal ys es that were made . Nevertheless, MRID No. 47 920803 is considered to be scientifically acceptable for demonstrating the magnitude of bifenthrin residue found in tea. In a prior action made for Ethiprole, three tea field trials were considered sufficient for registration since tea contributes to < 0.05% of the diet for any one population subgroup relevant to the United States (DP No. D3 82875 , S. Piper, 11 /29 /201 0 ) . Similarly , the three (3) tea field trialsBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 22 of 34 contained in MRID No. 47920803 support the establishment of a bifenthrin tolerance on importe d tea. In general, all tea which is consumed domestically is imported with the major exporters of tea to the United States from 2004 - 2008 being Argentina, (20.2%), Canada (24.6%), Mexico (13.5%), China (11.5%), and India (5.2%). However, Canada and Me xico are not major tea producers, but rather they simply import product for re - packaging and export into the United States. Based on the relative amounts imported from countries that are actuall y major producers, the three ( 3 ) trials provided in MRID No. 47920803 are representative in showing the magnitude of bifenthrin residue in/on imported tea. Apples, Nectarines, and Peaches (Section 18 Emergency Exemption) Residue Chemistry Memo DP No. D274839 and D280288 , 08 /1 5 /20 0 2 , S. Levy (includes a review of M RID Nos. 45377302 and 45377303 submitted for determining the magnitude of the residue in Pears). For depicting the magnitude of bifenthrin residues in/on apples, nectarines, and peaches, field trial studies made on pears are available which support prior actions undertaken for this active ingredient . The most recent data submission for pears was acquired in a 1998 to evaluate the use of different spray volumes (MRID Nos. 45377302 and 45377303). In establishing this emergency exemption, the same use pattern supported by the representative pear crop data was proposed for treating apples, nectarines, and peaches. A summary of the residue data are presented below in Table 8 . **Table 8**  **. Summary of Re**  **sidue Data from the**  **Pear Crop Field Trials with**  **Bifenthrin .**  Commodity Total Applic.

Rate (lb ai/A) PHI

(days) Residue Levels (ppm) n Min. Max. HAFT 2 Median Mean Std. Dev. Pears 0.5 14 3 0.10 0.38 0 . 32 0.18 0.21 0.10 1 Except for sample min/max, values reflect per trial averages; n = no. of field trials. For calculation of median, mean, and standard deviation, the LOQ (0.0 5 ppm) was used for any results reported as < LOQ or between the LOQ and LOD in the t able. 2 HAFT = highest - average - f ield - trial. Previously

submitted crop field trial data for pears have been determined to be adequate to support the proposed tolerance for residues of bifenthrin per se in/on pears at 0.5 ppm (PP#6F3454; CB Nos. 6715 and 7036 - 7044, 10 - JAN - 1991, N. Dodd). The results from the most current crop field trial studies made in pears have shown that residues of bifenthrin to range between 0.10 - 0.38 ppm . These were the residue levels found in/on pears harvested 14 day s following the last of three foliar applications of the 10% WP formulation of bifenthrin at 0.1, 0.2, and 0.2 lb ai/A in a spray volume of ~400 GPA for a total rate of 0.5 lb ai/A (1x the maximum proposed seasonal rate for pears). The submitted pear field trial data are classified as acceptable and satisfy the guideline requirement for crop field trials (Residue Chemistry Guidelines OPPTS 860.1500) in conjunction with previously submitted pear field trial data. Ho wever, the field trial data were concluded to be in sufficient in support ing the petitioner’s request to add lower spray volumes to the proposed label for pears. For this data collection effort, the petitioner was instructed to submit a revised Section F f or "pear" at 0.50 ppm. Conclusions . For the purpose of establishing a time limited emergency exemption on apples, nectarines, and peaches, studies are available which examine the use of the 10% WP (EPA Reg. No. 279 - 3108) and 2 lb/gal EC (EPA Reg. No. 279 - 3069) formulations in treating pears. In support of th e use made on pears , applications were administered at the seasonal rate of 0.5 lbs.ai/A (0.45 lbs ai/ABifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 23 of 34 post - bloom) following a 14 day PHI . The submitted pear data were found to be adequate in satisf yi ng the OPPTS 860.1500 test guideline requirements used in a establishing a permanent tolerance limit of 0.5 ppm on this commodity (DP Nos. D274839 & D280288, S. J. L ev y, 08/15/2002). This dataset is therefore concluded to be appropriate for translation to apples, nectarines, and peaches for this Section 18 action only . **860.1520 Processed Food and Feed** Grass grown for s eed HED does not require residue data for any processed commodities associated with grass grown for seed. Therefore, data requirements for processed food and feed are not relevant to this tolerance petition. Tea In support of this petition request, a formal processing study for tea was not provided but the testing of the black tea processed end - product was made in part with each of the field trials which were carried out. Following the industry practice of adhering to a 7 - day PHIwhen treating the crop, tea shoots (three leaves and a bud) were collected from the treated plots for testing. From the harvest ed tea shoots, a portion was processed into black tea with the remaining sample submitted for testing as fresh leaf. The samples of black tea and fresh leaf were subsequentl y analyz ed for residues of bifenthrin. Each of the field trial sites used for stu dy were comprised of both untreated control and treated test plots. The treated plots received application at accepted industry GAP rates using foliar spray bifenthrin product s . Seven day s after treatment, a sample of tea shoots (three leaves and a bud) was harvested from each plot and divided into two parts. O ne part was taken as the fresh leaf sample and the other was processed into the black tea end - product following the cut - turn - curl production method, or CTC, as described in the original studies . In general, black tea is processed by first withering it to reduce the moisture in the shoots at ambient temperature for a period of 20 - 22 hours. It is then rolled for 30 minutes mechanically followed b y m aceration of the leaf with 2 additional passes thro ugh the CTC machine’s sharp cutting ridges. Finally , it is fermented at 90 - 95% relative humidity for 60 - 75 minutes and then dried for 30 minutes at 90 - 95 oC to form the black tea end - product. For these studies, data were acquired using GLC/ECD instrumental techniques. Quantitation of the tea samples was carried out following extraction with acetone b y maceration and cleanup with adsorption column chromatograph y. Reference numbers were not given for these protocols, but all the procedures were successfully validated prior to the anal ys is of field samples. Mean residue values of bifenthrin were found to range from 0.031 to 3.91 ppm in/on the fresh tea leaf samples anal yz ed in the three subject f ield trial studies which tested tea both commodities in this manner. Following processing into the dried black tea end - product, the resulting mean residue values which were obtained in these studies were observed ranging from 0.041 to 3.66 ppm. Further e valuation of the data acquired for processed black tea indicates that bifenthrin residues do not concentrate significantl y in this dried end - product : an average processing factor of 1.12x was determined as shown in Table 9.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 24 of 34 **Table 9**  **. Residue Data for**  **the Black Tea Processed End -**  **Product with Bifenthrin.** Field Trial Study Tea Commodity PHI (days) Mean Residues (ppm) Processing Factor 1 MRID No. 47920803 Fresh Leaf 7 3.91 0.94 Processed Black Tea 3.66 MRID No. 47920808 Fresh Leaf 0.36 1.11 Processed Black Tea 0.40 MRID No. 47920808 Fresh Leaf 0.031 1.32 Processed Black Tea 0.041 AVERAGE 1.12 1 The processing factor was calculated by the study reviewer by dividing the residues in the processed sample by the residues in the fresh leaf

. Apples, Nectarines, and Peaches (Section 18 Emergency Exemption) The Agency

requires a processing study for wet apple pomace . However, For the purposes of this Section 18 only , no apple processing study is required . **860.1650 Submittal of Analytical Reference Standards**  Analy tical standards for bifenthrin furnished b y FMC Agricultural Products are currentl y available in the EPA National Pesticide Standards Repository (personal communication with Theresa Cole , BEAD , 04/26/2012 ) . However, this stock of standards is noted to begin expiring in 2013 . Anal yt ical reference standards of bifenthrin must be supplied and supplies replenished as requested b y the Repository . The reference standards should be sent to the Analy tical Chemis try

L ab, which is located at Fort Meade, to the attention of either Theresa Cole or Thuy Nguyen at the following address: USEPA National Pesticide Standards Repository /Anal yt ical Chemistry

Branch/OPP 701 Mapes Road Fort George G. Meade, MD 20755 - 5350 (Note that the mail will be returned if the extended zip code is not used.) **860.1850 and 860.1900**  **Confined /Field**  **Accumulation in Rotational Crops** Bifenthrin TRED ; D P# 283808 , 8/21/02, S. Levy An adequate confined rotational crop study was reviewed by the Environmental Fate and Effects Division (EFED) in conjunction with an earlier bifenthrin petition ( Memo, E. Regelman, 08/07/1987). From this data it was concluded that a 30 - day P lant - B ack Interval (PBI) would be appropriate for leafy

vegetables and ro ot crops with additional data being needed for an assessment of grain crops to be made. A field rotational crop study made with wheat was subsequently provided by the registrant to fulfill data requirements for grain crops. In this study , residues of bif enthrin were found to be <0.01 ppm in/on grain, forage, hay and straw from wheat planted 30 day s following the last of five treatments made to a primary crop at 0.1 lb ai/A/application. Based on the available confined and field rotational crop data, HED c oncluded that all existing rotational crop restrictions are appropriate for bifenthrin (DP No. D283808, S. J. L ev y, 08/21/2002). Crops with establishedBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 25 of 34 bifenthrin tolerances may be rotated at any time with all others holding to a 30 - day PBI following a fi nal application of bifenthrin. No rotational crop tolerances are required. **860.1550 Proposed Tolerances** Tolerances for residues of bifenthrin are currentl y expressed in terms of the parent compound onl y . Permanent tolerances are established for bifenthrin residues in/on several food commodities under 40 CFR §180.442(a)(1). The established tolerances for plant and livestock commodities, under §180.4 4 2(a)(1), range from 0.05 ppm (various plant and poultry commodities) to 70 ppm (grain, aspirated fractions ). A tolerance of 0.05 ppm is also established for residues of bifenthrin in food/feed handling establishments under §180.4 4 2(a)(2). In addition, time - limited tolerances for residues of bifenthrin have been established under §180.442 (b) in connection with Section 18 emergency

exemptions ; these include tolerances for orchardgrass, forage and hay at 2.5 ppm and 4.5 ppm, respectivel y, with a 12/31/ 12 expiration date. IR - 4 has submitted a study for determining the magnitude of bifenthrin residue found in grass forage and hay . Th ese data w ere entered into the OECD calculation procedures to determine appropriate tolerance levels (Appendix 1). Using the OECD calculation procedures, a tolerance of 3.0 ppm for residues in/on grass forage and 6.0 ppm in/on grass hay are recommended when utilizing the uncorrected values from the field trial studies. After correction for storage stability decline, tolerance levels are 4.0 ppm in/on grass forage and 1 5 ppm in/on grass hay . H ED recommends a tolerance of 4.0 ppm in/on grass forage and 1 5 ppm in/on grass hay for residues of bifenthrin based on the residue data obtained from the field trials that were provided . For this petition , the registration o f bifenthrin for treating grass grown for seed will limit this use only to ID , OR and WA. The forage and hay c ommodities of grass are often used as a livestock feedstuff ty picall y fed to cattle. For this reason, dietary burden was subsequently re - calculated for bifenthrin following current guidelines using the maximum reasonabl y balanced diet to livestock. Because both grass forage and hay

are roughage, onl y grass forage was used in this re - cal culation since the percent dry matter of this feed will yield greater levels for a more conservative evaluation. For this re calculation , the values which were found are consistent when compared to the prior determination of livestock dietary

burden made for bifenthrin pursuant to PP#s 6E7125 - 6E7128 (DP Nos. D335688, D335693, D335695 & D335696, W. Wassell, 07/25/2007). HED concludes that the established bifenthrin livestock tolerances would remain appropriate and do not need to be increased. For the pur

pose of establishing an appropriate tolerance on imported tea, nine (9) studies/reports completed abroad were provided to show the magnitude of bifenthrin residue in/on this commodity . However, man y of the submissions provided were inadequate because they fail to provide application rate s , PHI s , storage length s and conditions, and raw data to support the analy ses that were made . Nevertheless, MRID No. 47920803 is considered to be scientificall y acceptable for demonstrating the magnitude of bifenthrin resi due found in tea. Although the registrant request s the tolerance for tea be established on plucked leaves, the fresh tea leaf is not imported into the United States which necessitates that any l evel be set only on dried tea. Based on an examination of all the study data provided to support this petition , residues of bifenthrin were found not to concentrate in the processed dried tea end - product. Using the OECD calculation procedures, a rounded MRLof 20 ppm was determined for dried tea (Attachment 2 ). These residue values were first corrected for the deficit that was apparent in the rate of application (1.33x) becauseBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 26 of 34 the subject study

was approximately

25% less than the reported maximum GAP rate. However, to harmonize with Codex, HED recommends a tol erance level of 30 ppm for dried tea. For determining the magnitude of the residue in/on apples, nectarines, and peaches , the OECD calculation procedures were not used because pear data supporting prior actions made for this representative commodity were considered . The most recent data submission for pears was acquired in a 1998 to evaluate the use of different spray volumes (MRID Nos. 45377302 and 45377303). The application pattern for this use on pears prescribes a seasonal rate of 0.5 lbs.ai/A ( 0.45 lbs ai/A post bloom) made as multiple treatments at a 30 - day RTI following a 14 day PHI . From this dataset acquired with this use pattern, it was concluded that a 0.5 ppm tolerance would be appropriate for the use of 10% WP bifenthrin product in treating this representative crop (DP. Nos. D274839 & D280288, S. L ev y, 08/15/2002). In establishing this emergency exemption, the same use pattern supported by

the representative pear crop data will be put forward for treating apples, nectarines, and peaches to mitigate stink bug infestation in these affected states. **Table 10**  **. Tolerance Summary for**  **Bifenthrin** Crop Group or Commodity Proposed Tolerance (ppm) Recommended

Tolerance (ppm) Comments; Correct Commodity

Definition Apple -- 0.5 Specified in (b) Section 18 emergency exemption; Apple Grass, forage 2.5 4.0 Specified in (c) Tolerances with regional registrations; Grass, hay 4.5 1 5 Specified in (c) Tolerances with regional registrations; Nectarine -- 0.5 Specified in (b) Section 18 emergency exemption; Nectarine Peach -- 0.5 Specified in (b) Section 18 emergency exemption; Peach Tea 25 30 Specified in (a) General; Tea, dried **References** DP Nos. : 274839 and 280288 Subject: PP#6F03454. Bifenthrin On Pear and Nut, Tree, Group. Evaluation of Residue Data

and Anal yt ical Methods. From: S. J. Lev y and G. Kramer To: G. LaRocca Dated: 0 8/12/20 02 MRID No s: 45377301 - 45377305 DP No. : 283808 Subject: Bifenthrin. Residue and Product Chemistry Considerations for the Tolerance Reassessment Eligibility

Decision (TRED) From: S. J. Lev y To: T. Myers Dated: 0 8/21/20 02 MRID No s: NoneBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 27 of 34 DP No. : 384283 Subject: Re view of Tolerance Enforcement Method for Bifenthrin. DP Barcode #384283.

ACB Project # B11 - 10. From: C . J. Stafford To: J . Arthur Dated: 12 /2 2 /201 0 MRID No. : 45377301 DP No. : 286230 Subject: Bifenthrin (PC Code: 128825). Petitioner’s Responses to HED Residue Chemistry

Deficiencies Identified in the Tolerance Reassessment Eligibility Decision (TRED) Document (Memo, S. Levy , 21 - AUG - 2002; D283808). From: S. J. Lev y To: T. Myers Dated: 10/17 /20 02 MRID Nos.: None D P Nos. : 335693, 335688, 335696, 335695 Subject: Bifenthrin (Chemical No. 128825). PP#6E7125, PP#6E7126, PP#6E7127,

PP#6E7128; Section 3 Registration for Application of Bifenthrin to May haw, Root Vegetables, (Except Sugar Beets, Crop Subgroup 1B), Peanut, Pistachio, Soy bean, and Fruiting Vegetables (Cro p Group 8). Summary of Residue Chemistry

Data. From: W. Wassell To: D. Rosenblatt and S. Brothers Dated: 0 7/25/20 07 MRID No s: 46098701, 46960801, 46961101 - 46961103, 46960401 - 46960404 DP No. : 355743 Subject: Bifenthrin. Bridging Study Supporting Use of an Emulsifiable Concentrate Formulation on Tree Nuts. Summary of Anal yt ical Chemistry

and Residue Data. From: P. Savoia To: G. LaRocca Dated: 1 2 / 08 /20 0 8 MRID No. : 47433601 DP No.: 382875 Subject: Ethiprole. Request for Tolerance without U.S. Registration in/ on Imported Rice and

Tea. Summary

of Analy tical Chemistry

and Residue Data. From: S. Piper To: C. Rodia Dated: 11 /2 9/2010 MRID Nos.: 47622720 - 47622727 Attachments: 1. International Residue Limit Status sheet 2. Tolerance Assessment CalculationsBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 28 of 34 **Attachment 1. International Residue Limits**  

### Bifenthrin (128825; 04/03 /2012) Summary of US and International Tolerances and Maximum Residue L imits Residue Definition : US Canada Mexico 2 Codex 3 **40 CFR 180.442:** Plants/L ivestock: Bifenthrin (2 - methyl [1,1 ′ - biphenyl] - 3 - yl ) methyl - 3 - (2 - chloro - 3,3,3, - trifluoro - 1 - propen yl ) - 2,2 - dimethylcyclopropanecarboxylate None bifenthrin (sum of isomers). The residue is fat - soluble. Commodity 1 Tolerance (ppm) /Maximum Residue Limit (mg/kg) US Canada Mexico 2 Codex 3 Apple 0.5 Grass, forage 4.0 Grass, hay 15 Nectarine 0.5 Peach 0.5 Tea, dried 10 30 (proposed) Tea, Green, Black (black, fermented and dried)

Completed: M. Negussie; 04/03 /2012 1 Includes only commodities of interest for this action. Tolerance values should be the HED recommendations and not those proposed by the applicant. 2 Mexico adopts US tolerances and/or Codex MRLs for its export purposes. 3 * = absent at the limit of quantitation; Po = postharvest treatment, such as treatment of stored grains. PoP = processed postharvest treated commodity, such as processing of treated stored wheat. (fat) = to be measured on the fat portion of the sample. MRLs indicated as proposed have n ot been finalized by the CCPR and the CAC. Tea, green and black Supervised trials on green and black tea (dry) were available from China, India, Indonesia and Japan. In China, the registered use for bifenthrin in tea is foliar spray treatment at 0.0075

– 0 .053 kg ai/ha and a PHI of 7 days. The Meeting received ten Chinese trials treated with 2 × 0.045

– 0.048 kg ai/ha and a PHI of 7 days which were considered still consistent with Chinese GAP. TheBifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 29 of 34 residues were in dried tea in ranked order (n = 10): 0.04, 0. 07, 0.08, 0.08, 0.08, 0.09, 0.09, 0.11, 1.2 and 4.3 mg/kg. Three trials from India treated with 0.06 kg ai/ha and a PHI of 7 days were submitted. The application rate was in the limit of ± 25% of Chinese GAP. The residues were in dried tea 0.42, 5.1 and 5.9 mg/kg. The GAP in Japan is 2 × 0.08 kg ai/ha and a PHI of 14 days. Three Japanese trials according to GAP were submitted. The residues were in dried tea 1.3, 5.2 and 18 mg/kg. One Indian (1 × 0.08 kg ai/ha, PHI 14 days) and one Indonesian trial (0.06 and 0.10 kg ai/ha, PHI 10 days) were considered still consistent with Japanese GAP. The residues were in dried tea 0.47 and 4.6 mg/kg. The Meeting agreed to use the Japanese trials supported by the results of the Indian and Indonesian trials to estimate a maximum residue level. The Meeting estimated a maximum residue level and an STMR for bifenthrin in tea, green and black, of 30 mg/kg and 5.2 mg/kg, respectively. Statistical calculations for only three data points were not adequate.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 30 of 34 **Attachment 2. Tole**  **rance Assessment Calculations.** Grass (grown for seed) The dataset used to establish a tolerance for bifenthrin on grass grown for seed forage and hay consisted of field trial data acquired for these commodities . The data reflect application rates of 0.199 - 0.207 lb ai/A/season (2 applications at 0.099 - 0.104 lb ai/A/application) of an EC formulation with a 29 - to 36 - day

PHI for forage and 29 - to 43 - day PHIfor hay . This field trial data appropriately quantified the expected range of residues in these c ommodities following treatment according to the Good Agricultural Practice (GAP) proposed for this pattern of use. In this study , the application rates were all made at the maximum rate following minimum re - treatment and harvest intervals. It is important to note that the PHI s for three ( 3 ) of the five (5) trials did exceed this criterion for hay . All field trial sample results obtained for grass forage and hay were found to be above the LOQ (LOQ = 0.03 ppm for forage; LOQ = 0.08 ppm for hay). T o estab lish appropriate tolerance levels on grass forage and hay , these data w ere entered into the Organization for Economic Cooperation and Development (OECD) calculation procedures for determination. For th o se field trials where sampling replicates were taken, the average or mean value was used for calculat ion . T he mean residue values corrected for storage stability decline used to calculate the tolerance level s are provided in Table I - 1 for forage and Table I - 2 for hay . Th ese field trial results acquired for bifenthrin on grass forage and hay do in fact represent a small dataset of only 3 - 7 residue values. In using the OECD calculat ion procedures with small datasets, there can be a considerable level of uncertainty in the resulting MRL value for this stat istical determination . Nonetheless, for datasets of this size where uncertainty can be high, th e result s obtained are justifiable given the non - distributional approach followed b y the OECD calculation procedures and the great variability

which exists in the data. When using the OECD calculation procedures , the resulting MRL value is alway s found to be greater than or equal to the highest residue within the dataset. MRL s are displayed without decimal zeros after the last significant figure and are rounded in the last step of calculation to produce a result in the region of the 95 th percentile . For grass forage, storage stability loss was found to occur at 35% so the corrected data was appropriately used for calculation . The M RLestimate calculated at the “Mean + 4 SD” recommends a tolerance level for bifenthrin on grass forage at 4 ppm. Inregard to grass hay , the data entered for calculation were likewise adjusted because sto rage stability loss was found to occur at 55% for this commodity. The MRL estimate calculated at the “Mean + 4 SD” recommends a tolerance level for bifenthrin on grass hay at 15 ppm.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 31 of 34 **Inputs for calculating statistically based pesticide tolerances.** Table I - 1 Inputs for Grass Forage **BiFenthrin Grass**  **Forage(Corrected) US (Restricted to ID, OR & WA)** 

**PHI = 29 -**  **36 Days Total number of data (n)**  5 **Percentage of censored data** 0% **Number of non -**  **censored data** 5 **Lowest residue** 0.130 **Highest residue** 1.960 **Median residue**  0.480 **Mean** 0.724 **Standard deviation (SD)** 0.747 **Correction factor for censoring (CF)** 1.000 **Proposed MRL estimate**

**- Highest residue**  1.960

**- Mean + 4 SD**  3.711

**- CF x 3 Mean**  2.172 **Unrounded MRL**  3.711 **Rounded MRL 4**  High uncertainty of MRL estimate. [Small dataset] **Residues (mg/kg)** 0.13 0.2 0.48 0.85 1.96Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 32 of 34 Table I - 2 Inputs for Grass Hay **Bifenthrin Grass Hay**  **(Corrected) US (Restricted to ID, OR & WA)** 

**PHI = 29 -**  **36 Days Total number of data (n)**  5 **Percentage of censored data** 0% **Number of non -**  **censored data** 5 **Lowest residue** 0.220 **Highest residue** 6.650 **Median residue** 0.320 **Mean** 1.624 **Standard deviation (SD)** 2.815 **Correction factor for censoring (CF)** 1.000 **Proposed MRL estimate**

**- Highest residue**  6.650

**- Mean + 4 SD**  12.885

**- CF x 3 Mean**  4.872 **Unrounded MRL** 12.885 **Rounded MRL 15**  High uncertainty of MRL estimate. [Small dataset] **Residues (mg/kg)** 0.22 0.26 0.32 0.67 6.65Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 33 of 34 Tea, dried The dataset used to establish a tolerance for bifenthrin on tea (dried) consisted of field trial data acquired for this commodity . The data reflect one application of Talstar 2EC , an emulsifiable concentrate formulation containing 2.0 lb bifenthrin/gal (240 g ai/liter) . Treatment was made as a foliar spray

applied at the targeted rate of 0.053 lb bifenthrin/A (60 g ai/ha). All applications were made with a spray

volume of 53.5 gallons per acre (500 L/ha). Following the industry practice in India of a 7 - day

PHI when treating the crop , tea shoots (three leaves and a bud) were collected from the treated plots for testing. From the harvested tea shoots, a portion was processed into black tea with the remaining sample submitted for testing as fresh leaf. The samples of b lack tea and fresh leaf were subsequentl y anal yzed for residues of bifenthrin. To establish appropriate tolerance levels on tea , the data for the processed dried tea end - product were entered into the Organization for Economic Cooperation and Development ( OECD) calculation procedures for determination. These residue values were first corrected for the deficit that was apparent in the rate of application (1.33x) because the subject study was approximately

25% less than the reported maximum GAP rate. For th o se field trials where sampling replicates were taken, the average or mean corrected value was used for calculation . These field trial results entered on dried tea do in fact represent a small dataset of only 3 - 7 residue values. In using the OECD calculation procedures with small datasets, there can be a considerable level of uncertainty in the resulting MRL value for this statistical determination. Nonetheless, for datasets of this size where uncertainty can be high, the results obtained are justifiabl e given the non - distributional approach followed b y the OECD calculat ion procedures and the great variability which exists in the data. When using the OECD calculation procedures , the resulting MRL value is alway s found to be greater than or equal to the highest residue within the dataset. MRL s are displayed without decimal zeros after the last significant figure and are rounded in the last step of calculation to produce a result in the region of the 95 th percentile. The MRLestimate for bifenthrin on dried tea was 20 ppm (see Table I 3) . For harmonization with Codex, HED recommends a tolerance level of 30 ppm for dried tea.Bifenthrin Summary of Analytical Chemistry and Residue Data DP No. 388604

Page 34 of 34 Table I - 3 Inputs for Tea, dried **Bifenthrin Tea, dried**  **Import (India) 7**  **- day PHI**  **Total number of data (n)** 3 **Percentage of censored data** 0% **Number of non -**  **censored data** 3 **Lowest residue** 0.530 **Highest residue** 7.590 **Median residue** 6.450 **Mean** 4.857 **Standard deviation (SD)** 3.790 **Correction factor for censoring (CF)**  1.000 **Proposed MRL estimate**

**- Highest residue**  7.590

**- Mean + 4 SD**  20.017

**- CF x 3 Mean**  14.570 **Unrounded MRL** 20.017 **Rounded MRL 20**  High uncertainty of MRL estimate. [Small dataset] **Residues (mg/kg) n**  0.53 1 6.45 1 7.59 1