UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

Dr. Robert I. Rose 

### Authorized Agent for: Phyllom, LLC 922 San Leandro Avenue, Suite F Mountain View, CA 94043

### Y 

# oa2013 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES

Re: Bacillus thuringiensis subsp. galleriae strain SDS-502 fermentation solids, spores and insecticidal toxins in forested areas in Illinois, Minnesota, Pennsylvania, and Wisconsin 

### Experimental Use PermitNo.: 88347-EUP-1 

### Decision No.: 460457 

### Effective Dates: Immediately until August 31, 2014 (pesticide applications and associated activities, e.g., collection offield data) 

### Quantity Authorized: For Year 2013- 1,600 pounds offormulated pesticide product, Phyllom boreGONEJTM biological insecticide (containing 1,224 pounds ofactive ingredient)
. For Year 2014-1,600pounds offormulated pesticide product, Phyllom boreGONE(M biological insecticide (containing 1,224 pounds ofactive ingredient). 

### Acres ToBeTreated: 700 acres (for 2013) and 700 acres (for 2014) 

### = 1,400 total acres
Dear Dr. Rose: On the basis ofthe information furnished by the applicant, the subject Experimental Use Permit (EUP) under section 5 ofthe Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is hereby issued for the pesticidal active ingredient, Bacillus thuringiensis subsp. galleriae strain SDS-502 fermentation solids, spores, and insecticidal toxins. The EUP, authorized only in the States ofIllinois, Minnesota, Pennsylvania, and Wisconsin, will evaluate the experimental pesticide product's efficacy against the emerald ash borer (Agrilusplanipennis) with aerial applications to particular forested areas within or near the City ofPittsburgh (Pennsylvania), Town ofUtica (Illinois), City ofMilwaukee (Wisconsin), City ofLa Crosse (Wisconsin and Minnesota), and City ofJanesville (Wisconsin). Shipment and/or use under this permit are subject to the provisions of40 C.F.R. Part 172. lntemet.Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlorine Free Recycled PaperDr. Robert I. Rose (Phyllom, LLC) EUP No.: 88347-EUP-1 2
Prior to shipment and/or use ofthis material, you must consult with the pesticide regulatory officials of the states in which your experimental program will be conducted and obtain a state permit or license if such is required. You are required to provide notice to the state pesticide regulatory agency at least 72 hours priorto the application ofthis experimental use pesticide product. You are to notify the state lead agency ofthe states in which your experimental program will be conducted ofthe specific testing program (when, where, howmuch, etc.). EPA is also notifying the relevant EPA Regions by sending them copies ofthis EUP authorization letter. Issuance ofthis Federal permit does not negate the need for permission from individual states. Failure to obtain that permission may result inrevocation or modification ofthe EUP. Based onthe experimental program submitted, this product may be shipped for use underthis EUP to the States ofIllinois, Minnesota, Pennsylvania, and Wisconsin for the next experimental period, effective immediately until August 31, 2014. The acres and amounts permitted per state are as follows: POUNDS OFFORMULATEDPRODUCT POUNDS OFACTIVEINGREDIENT YEAR2013 (Emerald Ash Borer Season 1) Illinois 200 400 306 Penns lvania 200 300 229.5

Minnesota 300 900 688.5 Wisconsin 700 1600 1,224 YEAR2014 Emerald Ash BorerSeason 2 Illinois 200 400 306 Penns lvania 200 300 229
.5

Minnesota 300 900 688.5 Wisconsin

Prior to registration or amendment under FIFRA section 3, all datarequirements must be satisfied (40 C
.F.R. Part 158, Subpart V). Reporting any adverse effects to EPA is also required. The label submitted in connection with the application for the EUP is acceptable, and a stamped, accepted copy is enclosed for your records. This label must be used for all shipments underthis EUP and must be inpossession ofthe user at the time ofpesticide application. You must provide all cooperators with a copy ofthis EUP authorization letterprior to the initial pesticide application made in accordance with this EUP. You must provide a final report at the conclusion ofthe experiment. This final report should include all ofthe items set forth in 40 C.F.R. 

### § 172.8(b)(2).

### 3 Ifyou have any questions regarding this permit, please contact Ms. Jeannine Kausch by email 

### (kausch.jeannine@epa.gov) orbyphone (703-347-8920).

Enclosure (1): Sincerely,

atthews, Director Biopesticides and Pollution Prevention Division (7511P) Office ofPesticide Programs

- Phyllom boreGONErbiological insecticide EUP EPA Stamped, Accepted Label

cc: Fatima El-Abdaoui, EPA Region 3 (Pennsylvania) Terence Bonace and Seth Dibblee, EPA Region 5 (Illinois, Minnesota, and Wisconsin)