## SECTION 18 EMERGENCY EXEMPTION REQUEST

For the State of Wyoming - 2010

TYPE OF EXEMPTION – SPECIFIC

CONTACT PERSON(S) AND QUALIF IED EXPERT(S) (166.20(a)(1))

CONTACT PERSON: QUALIFIED EXPERT:

Name: Polly Cross Name: Terri Hass

Title: Assistant Manager Title: Technical Manager

Organization: Wyoming Dept. of Organization: Chemtura Corp. Agriculture

Address: 2219 Carey Ave. Address: 199 Benson Road Cheyenne, WY 82002 Middlebury, CT 06749

Phone: 307-777-6590 Phone: 203-573-2027

Fax: 307-777-6593 Fax: 203-573-2610

Email: pcross@state.wy.us Email: terri.hass@chemtura.com

### DESCRIPTION OF PESTICIDE REQUESTED (166.20(a)(2))

Common Chemical Name (Active Ingredient): diflubenzuron

Trade Name(s) and EPA Reg. Number: Dimilin 2L, EPA Reg. #400-461

Formulation: % Active Ingredient: 2 lbs. A.I./gallon

Manufacturer(s): Chumtura Corp.

DESCRIPTION OF PROPOSED USE (166.20(a)(3))

Sites to be Treated: All counties in Wyoming where Mormon crickets and grasshoppers have or may occur.

Method of Application: Application by aerial and ground equipment only is requested. Application through irrigation equipment is prohibited.

Rate of Application: 2 fl. Oz of Dimilin 2L

Maximum Number of Applications: Do not exceed 2 fl. Oz. of Dimilin 2L per acre per cutting, or a total of 4 fl. Oz per growing s eason. Wyoming alfalfa hay fields are harvested 2-4 times per growing season, depending on the elevation. Lower elevations have as many as 4 cuttings, with higher elevations typically having only 2 cuttings, due to the shortened growing season.

Total Acreage (or other units) to be Treated: All alfalfa hay acreage (550,000 acres) could potentially suffer grasshopper or Mormon cricket outbreaks. Due to proximity to extensive federal lands, it is anticipated that 6% of the hay ground could be severely impacted and require treatment. Acreage to be treated is anticipated to be 26,000 acres.

Total Amount of Pesticide to be Used: At 2 fl oz of product applied to 26,000 acres of alfalfa (assuming the maximum of two applic ations per acre) would require 407 gallons (814 lbs. a.i.) of Dimilin 2L.

Use Season: The first applications would be made after May 1 st and the last applications
would be made no later than October 31 st , 2010.

Additional Restrictions. User Precautions and Requirements. Qualifications of Applicators, etc:

This application is being submitted for US DA/APHIS/PPQ and Wyoming Weed & Pest Districts. Private sector use will be very minimal.

Dimilin 2L is not effective in controlling Mormon crickets or grasshoppers once they reach the adult stage.

All applicable restrictions, directions and precautions on the Federal Label and Section 18

use directions must be followed.Applications are to be made in accordance with the USDA/APHIS rangeland grasshopper suppression program.

ALTERNATIVE METHODS OF CONTROL (166.20)(a)(4))

Several chemical controls for grasshoppers and cr ickets are available in Wyoming, but all available products for control have minimal residual activity. There are at least 6 species of grasshoppers with overlapping generations and emergence dates, which results in multiple applications per generation for control of the various species hatching at different times throughout the season. Regulations prohibiting more than one application and/or prohibitive cost of multiple applications make these options ineffective. Non-selectivity toward beneficials, which could reduce predator populations, is another negative impact of all registered products. For specific explanations, see below.

The following products are registered, but have shortcomings that make them inadequate for control for the indicated reasons. “Most of the registered insecticides currently registered for grasshopper control are not effective, are toxic to beneficial arthropods, or provide only short residual control of grasshoppers necessitating multiple pesticide applications.”

Carbaryl (Sevin): It is effective, but two to three applications would be necessary for seasonal control. The label directions state only one application per year. This product is
detrimental to beneficial insects.

Chlorpyrifos : It is an effective product, but the two to three applications are required. It is also more expensive than carbaryl and could not be used in an alfalfa hay cropping system without eliminating the profit margin

. This product is detrimental to beneficial
insects. Not in USDA/APHIS/PPQ Environm ental Impact Statements so not an option for

their use.

Lambda-Cyhalothrin (Warrior): 7-10 day residual (requiring two to three treatments for control) $7.60-$9.90/acre. This product is also more expensive than carbaryl. . This product is detrimental to beneficial insects. Not in USDA/APHIS/PPQ Environmental Impact Statements so not an option for their use.

Methyl parathion (generic): The length of residual on the crop is very short (24-48 hour residual), requiring multiple treatments at $8.00/acre. More expensive than carbaryl and requires more treatments than alternatives due to short residual. . This product is
detrimental to beneficial insects. Not in USDA/APHIS/PPQ Environmental Impact Statements so not an option for their use.

Malathion : Very short period of residual activity. Three to four applications would be necessary for control, making the product more expensive than other alternatives. . This product is detrimental to beneficial insects.

Dimilin provides early season control without subsequent spraying. It has been proven effective in grasshopper control. It has a greater than 30-day residual on treated foliage and does not impact non-target beneficial insects. These qualities make the product unique in controlling outbreaks of multiple species of grasshopper throughout the growing season. All alternative products have a period of residual control of between two and ten days, necessitating repeat applications. The cost of these multiple applications in lowrainfall areas are cost prohibitive requiring growers to make a decision of whether to control grasshoppers and lose any hope of profit or lose the crop from feed damage.

Dimilin’s longer period of residual activity provides a longer control window which allows for the control of delayed hatching nymphs, later hatching grasshopper species, and secondary infestations, negating the need of additional applications prior to harvest of the foliage for hay. When a grasshopper nymph is exposed to Dimilin, it is unable to successfully molt. Dimilin also demonstrates transovarial activity that can weaken or prevent hatching of subsequent populations. Grasshoppers that succeed in molting may exhibit deformity that could contribute to slower movement, limited jumping, reduced feeding and lack of ability to fly. Any adult/nymph exhibiting these symptoms would more likely be susceptible to predatory and/or parasitic insects (that would be eliminated by the use of other products).

Biological Control: Natural-occurring pathogens have shown little success and often, complete failure, even if successful, they are not commercially available. Surveys were

conducted with Nosema Locustae that did show some effectiveness on small instars. However, when looking at infestations that are being predicted for Wyoming in 2010, using this type of control would not be effective or economical feasible.

EFFICACY OF USE PROPOSED U NDER SECTION 18 (166.20(a)(s))

Chronic dietary exposure, including drinking water, was evaluated for the U.S. population and various population subgroups including infants and children. One-day single dose oral studies in rats and mice indicated there were no significant acute effects observed. As only marginal effects were noted, an acute exposure assessment is not needed for
diflubenzuron.

Dietary Exposure from diflubenzuron was estimated based on the average residue values from the currently labeled raw agricultural commodities (RACs), and from the proposed uses on pear, nut crops, pistachios, st onefruits (except cherries), peppers, and alfalfa. Percent of crop treated was also factored into the estimate. Residues in meat, milk and egg products were obtained from extrapolation of metabolism study data to anticipated livestock dietary burdens. The dietary exposure analysis was estimated based on 1989-92 USDA food consumption data. For the U.S. population (total), the dietaryexposure of diflubenzuron was estimated as 0.000157 mg/kg/day. For nursing and nonnursing infants, the exposure was estimated as 0.000140 and 0.000410 mg/kg/day, respectively. For children, the exposure was 0.000343 and 0.000219 mg/kg/day for 1-6 year olds and 7-12 year olds, respectively.

The dietary exposure from p-chloroaniline and 4-chlorophenylurea (CPU), which have been detected in some food products, was also determined. Average residues or 1⁄2 LOQ from field trials for mushrooms, rice, pears, almonds, pecans, stonefruits (peaches, prunes, plums), and peppers were used. Residues in meat, milk, and eggs were obtained from extrapolation of metabolism data to anticipated livestock dietary burdens. The percent treated of each crop was also factored into the exposure estimate. For the U.S. population (total), the dietary exposure of PCA and CPU was estimated at 0.000001 mg/kg/day and 0.000017 mg/kg/day, respectively.

Drinking Water: Diflubenzuron degrades in soil relatively quickly with an aerobic half-life ranging from 3-7 days. Major degradates include difluorobenzoic acid (DFBA) and CPU. DFBA is further metabolized through decarboxylation and ring cleavage by soil microbes whereas CPU is slowly degraded to soil-bound entities. Under anaerobic aquatic conditions, diflubenzuron has a half-life of 34 days with the main degradates being DFBAand CPU. In surface water, diflubenzuron is degraded by microbes with a half-life of 5-10 days.

The soil mobility of diflubenzuron is considered quite limited based on a number of experimental studies as well as by computer modeling. CPU has also been shown to be relatively immobile in soil. Although DFBA shows mobility in soil, it is rapidly degraded. Therefore, based on results of laboratory and field studies, it is not likely that diflubenzuron or it’s degradates will impact ground water quality to any significant extent.

The Drinking Water Level of Concern (DWLOC) for chronic (non-cancer) exposure to diflubenzuron in drinking water was determined as 695 ppb for the U.S. population (total) and 197 ppb for infants and children. The DWLOC for chronic (cancer) exposure to CPUin drinking water was determined as 1.7 ppb for the U.S. population (total). Based on SCIGRO and Tier II PRZM-EXAM modeling, estimated residues of diflubenzuron in ground and surface water are not expected to exceed 0.0023 ppb and 0.09 ppb, respectively, and residues of CPU in ground and surface water are not expected to exceed 0.065 ppb and 0.23 ppb, respectively. Because PCA is only a minor metabolite in the environment, it is not considered in the drinking water assessment. The estimated concentrations of diflubenzuron and CPU in ground and surface water are less than the DWLOCs as a contribution to chronic aggregate exposure.

Non-dietary exposure . Diflubenzuron is a restricted use pesticide based on its toxicity to aquatic invertebrates. This restricted use classification makes it unavailable for use by homeowners. Occupational uses of diflubenzuron may expose people in residential locations, parks, or forests treated with diflubenzuron. Based on very low residues detected in forestry dissipation studies, a low dermal absorption rate (0.5%), and extremely low dermal and inhalation toxicity, these uses are expected to result in insignificant risk, and are therefore not included in the aggregate risk assessment.

Cumulative Effects Compton Chemical has considered the potential for cumulative effects of diflubenzuron and other substances with a common mechanism of toxicity. The mammalian toxicity of diflubenzuron is well defined. We are not aware of any other pesticide product registered in the United States that could be metabolized to p-chloroaniline. For this reason, consideration of potential cumulative effects of residues from pesticidal substances with a common mechanism of action as diflubenzuron is not appropriate. Thus, only the potential exposures to diflubenzuron were considered in the total exposure assessment.

Safety for U.S. Population The total non-occupational aggregate exposure from diflubenzuron would occur from food and drinking water routes. Based on the 0.02 mg/kg/day RfD (reference dose) derived from the dog chronic NOEL of 2 mg/kg/day and a 100-fold safety factor, chronic dietary exposure to the U.S. population (total) is 0.8% of the RfD. Aggregate exposure does not exceed 100% of the RfD when the potential theoretical residues in drinking water are

included.

The total non-occupational aggregate exposure from PCA would occur from the dietary route. The risk from diflubenzuron-derived PCA can be estimated using a linear extrapolation of the dose-response from the rat chronic study conducted by the National Toxicology Program in which rats were dosed via gavage with p-chloroaniline [hydrochloride] for 24 months. EPA has determined the q1* as 0.112 based on the

combined incidence of liver adenomas and carcinomas in male mice. Using this q1*, thetheoretical risk to the U.S. population (total) from dietary exposure to diflubenzuronderived PCA was estimated at 8.18 x 10 -8

.For CPU, total aggregate exposure could occur from food and drinking water. The EPA has determined that since CPU is structurally related to monuron, the most potent Q1* of

1.52 x 10 -2 (based on male rat liver neoplastic nodule and/or carcinoma combined tumor rates) from the NTP carcinogenesis data for monuron should be used for assessing cancer risk from CPU. Using this Q1* the theoretical risk to the U.S. population (total) from dietary exposure to CPU was estimated at 2.51 x 10 -7. The aggregate cancer risk including drinking water does not exceed the level of concern.

Safety for Infants and Children The chronic dietary exposure of diflubenzuron of nursing and non-nursing infants is 0.7% and 2.0% of the RfD, respectively, and for children 1-6 and 7-12 years old is 1.7% and 1.1% of the RfD, respectively. Aggregate exposure does not exceed 100% of the RfD when the potential theoretical residues in drinking water are included.

The NOEL for maternal and developmental toxicity in rats and rabbits were greater than 1,000 mg/kg/day, and the NOEL for reproductive toxicity was greater than 5,000 mg/kg/day. Therefore, based on the completeness and reliability of the toxicity data and the conservative exposure assessment, there is reasonable certainty that no harm will result in infants and children from aggregate exposure to residues of diflubenzuron and its conversion products containing the p-chloroaniline moiety.

Safety to beneficial insects DIMILIN 2L is not hazardous to bees when used alone. Apiarists in Wyoming have seen a significant decrease (25% - 33%) in bee number s over the last few years. All other products that are labeled for grasshoppers and Mormon cricket control in alfalfa and hay fields are detrimental to bee population. To use products other then Dimilin 2l would jeopardize the apiary industry in the state of Wyoming. ( Wyoming Apiarists were sent questioners over the last two years to dete rmine bee losses in the state.)

ENFORCEMENT PROGRAM (166.20(a)(10))

Although Wyoming does not have enforcement pr imacy at this time, the department has two (2) full-time and one (1) part-time pesticide enforcement inspectors, which will enable us to enforce the restrictions under Section 18. All inspection records will be available to EPA Region VIII inspectors for any addi tional monitoring they deem necessary.

REPEAT USES (166.20(a)(11)

Wyoming’s requested the use of Dimilin 2L on alfalfa to control grasshoppers and Mormon crickets in 2005. This application is being submitted for USDA/APHIS/PPQ and Wyoming Weed & Pest Districts. Use from Private applicators will be very minimal. The 2010 request is due to projected numbers from US DA/APHIS/PPQ. PPQ projects an outbreak of grasshoppers from 15 + per square foot depending on location within the state and weather conditions this spring. The action threshold lever for grasshoppers in Wyoming is 8 insects per square yard. In 2009 numerous counties in the state of Wyoming reported as high as 50 insects per square yard. If PPQ is correct in their projections, the devastation within several counties in Wy oming could be at astronomical proportions. Rangeland areas being sprayed by APHIS/PPQ and Weed and Pest Districts have alfalfa fields located within the spray area or adjacent to them. To spray rangelands and not include alfalfa fields that are located within the rangeland or adjacent to them would only give a safe haven to grasshoppers and Mormon crickets causing more damage and economic losses to Wyoming alfalfa producers.PDF FILES: 1. Wyoming Adult Grasshopper survey 2009 2. Wyoming Adult Grasshopper survey 2008

PROGRESS TOWARD REGISTRATION (166.25(a)(2))

The 1R-4 08678 diflubenzuronialfalfa residue study was initiated in 2004. This study consists of a total of 4 field trials (1 in Idaho, 1 in Washington, I in California and 1 in Colorado). Two treatments were included in the study. Treatment 02 consisted of applications of diflubenzuron at 0.0325 lb ai/A one day before sample cutting of forage and hay for a total of 3 applications and 3 cuttings. Treatment 03 consisted of three applications of diflubenzuron at 0.0325 lb ai/A, at 14 day intervals with the last application 1 day before the collection of seed samples. The samples in this study have been analyzed (see attached summary of residues) and the analytical summary report has been received at IR-4 Headquarters. Diflubenzuron parent residues in forage samples after the third cutting ranged from 0.824 to 2.890 ppm. Diflubenzuron parent residues in hay samples after the third cutting ranged from 2.608 to 9.072 ppm. Diflubenzuron parent residues in seed samples ranged from 0.056 to 0.434 ppm. A second study (A8678) was initiated in 2008 to include analysis of metabolites (CPU and PCA) and storage stability samples. These samples have not been analyzed yet.

Below is the residue test application scenario:

PCR: 0.0325 LB.AI/A; AERIAL APPLIC: 1-5 GAL/A; GROUND APPLIC: 20-30 GAL/A; ONE APPLIC/CUTTING; 14 DAY PHI Protocol: (THE 2008 PROTOCOL A8678 WILL COMPLETE THE STUDY, ADDING ANALYSIS OF METABOLITES AND STORAGE STABILITY) 0.0325 LB AI/A; MAKE A
SINGLE BROADCAST APPLIC IN 20-30 GPA AT 1-DAY BEFORE EACH OF 3 FORAGE AND HAY SAMPLE CUTTINGS; AND MAKE 3 BROADCAST APPLIC IN 20-30 GPA AT 14-DAY INTERVALS, WITH A 1-DAY PHI FOR SEED; FOR ALL TREATMENTS
INCLUDE 1 PT/A EMULSIFIED VEGETABLE OR PARAFFINIC CROP OIL

Also see Attachment IR-4 08678/ Diflubenzuron /Alfalfa

NAME OF PEST (166.209(b)(1))

Scientific Name: Approximately 120 species (mainly Acrididae family, a few Tettigoniidae)
Common Name: Grasshopper

Scientific Name: Anabrus simplex
Common Name: Mormon cricket

DISCUSSION OF EVENTS OR CIRCUMSTANCES WHICH BROUGHT ABOUT THE EMERGENCY CONDITION (166.20(b)(2))

Grasshoppers are a historic threat to all crops. The Mormon cricket is not a true cricket. The insect resembles more a lifestyle of a grasshopper. Mormon crickets are of economic importance in the fact that they destroy plants on rangeland, cropland, and vegetable gardens. Male and female Mormon crickets are large insects and can reach lengths of two and one-half inches during the adult stage. The female Mormon cricket is distinguished by the long ovipositor that also looks like a type of "stinger" located at the end of the abdomen. The male lacks this ovipositor . The Mormon cricket can be economically devastating.It has been calculated that a Mormon cricket, at a density of one per square yard, can consume 38 pounds of dry weight rangeland forage per acre. The Mormon cricket destroys sagebrush, alfalfa, small grains, seeds, grasses, and vegetable crops. In the past, conventional tillage, summer fallow and burning have worked to control infestations. Occasionally, there would be a mild winter wh ich allowed grasshopper nymphs to survive the winter and multiply to economic thresholds. This would bring on area wide treatments and emergency control measures. The spring of 2010 has been warmer than average throughout most of the state and pressures from both Mormon crickets and grasshoppers is already mounting. Fremont, Goshen and Niobrara County in Wyoming are major producers of alfalfa hay and grass hay in the state. Niobrara County was also one of the counties that were hardest hit in 2009, reporting losses up to 90% of all crops due to grasshopper and Mormon cricket infestation.

Registered pesticide alternatives with some activity on grasshoppers also control a wide variety of beneficial insects. The availabl e pesticides are short-lived in the environment and require multiple applications to control a single generation of grasshoppers or Mormon crickets. Available insecticides only control the adult insects and the next generation expands quickly to economically significant numbers, requiring multiple applications. Predatory insects, which provide good control without the need of chemical controls for the aphid, do not exist for the grasshoppers and Mormon crickets.

The economic effects from grasshoppers are expected to be disastrous, due to the warmer winter this year and the warm, moist spring. The moisture has provided vegetation for the nymphs to grow and gr asshoppers are becoming a major problem. Dimilin has shown longer effectiveness without harming beneficial insects. The increased length of control coupled with the “safer” technology will gain the producers more integrated pest management, and longer term control.

For the 2010 crop years USDA/APHIS/PPQ has made projections of 15 + grasshoppers per square yard in alfalfa producing counties in the state. The state relies on information supplied by USDA/APHIS/PPQ for grasshopper population densities. APHIS has reported that their survey in 2009 consisted of 1,631 stops statewide between the dates of 7/01/2009 and 9/3/2009. Survey stops were collected by APHIS employees using the (18 sq. foot)/2 method

. Protocol for survey is attached for complete survey collection

information.

PDF FILES: 1. Assessing Rangeland Grasshopper Populations (Protocol for survey) 2. Wyoming Adult Grasshopper Survey 2009. 3.Wyoming Adult Grasshopper Survey 2008 for previous year survey

numbers.

Control strategies.The new levels of pest pressure, combined with the multiple species/extended nymphhatching characteristics of grasshoppers, results in growers being faced with pest pressure over longer periods of time. Alfalfa hay growers are faced with low prices for their crop and the cost of making multiple applications for grasshopper control will remove any likelihood of the growers making any profi t. Due to the short residual of available pesticides growers would suffer significant crop losses from insect migration from surrounding ground that was not treated. Within a few days of treatments, the currently available products will not offer any further protection and the crop is vulnerable to extensive damage from migrating grasshoppers and Mormon crickets. The combination of cost of product, costs of multiple application and crop losses (including contaminated hay with insect carcass) have created an urgent, non-routine situation.EXPECTED RESIDUE LEVELS IN FOOD (166.20(a)(6))

Chemtura Corp. has conducted two separate residue studies on fresh and dried grass treated with Dimilin. Tests were conducted in a total of nine locations, one each in Wyoming, North Dakota, Nebraska, California, Pennsylvania, Florida, Oklahoma, South Dakota and Montana. The Dimilin was applied either by ground or aerially. Applications were made using 2 oz. or 1 oz. of formulated product in a total spray volume of one quart. Fresh grass samples were harvested at 2 hours following application of the Dimilin. Dried grass samples were also obtained from the residue test plots.

Residues of diflubenzuron were determined using high-pressure liquid chromatography. The LOQ was determined to be 0.05 ppm.

Residues of diflubenzuron in fresh and dried grass treated with Dimilin had residues of:

Fresh grass – 2 oz. appl. = 0.24 – 3.82 ppm 1 oz. appl. = 0.06 – 5.47 ppm

Dried grass – 2 oz. appl. = 0.41 – 5.68 ppm 1 oz. appl. = 0.63 – 5.11 ppm

DISCUSSION OF RISK INFORMATION (166.20(a)(7))

Diflubenzuron is not toxic to mammals, birds, terrestrial vertebrates, fish, mollusks, or plants. Although diflubenzuron is toxic to certain sensitive aquatic invertebrates, alfalfa in Wyoming is not grown in the vicinity of any listed aquatic invertebrate. Dimilin 2L is applied at very small use rates (2 ounces per acre) and is sprayed in bands, with equal amounts of untreated ground between the treated bands (Reduced Area & Agent Treatment - RAAT). Therefore, the use of Dimilin 2L on alfalfa is not expected to adversely affect endangered or threatened species.

COORDINATION WITH OTHER AFFECTED FEDERAL, STATE, AND LOCAL AGENCIES (166.20(a)(8))

The U.S. Fish and Wildlife Service, Wyoming State Office and the Wyoming Game & Fish Department will be provided a copy of this request. Comments will be forwarded to the Agency.

NOTIFICATION OF REGISTRANT (166.20(a)(9))

Chemtura Corp. has been contacted concerning this application and has agreed to support the request. (See attached letter of support.)

DISCUSSION OF ECONOMIC LOSS (166.20(b)(4))

Hay is by far the leading crop in Wyoming in terms of value of production. Drought conditions reduced the value of Wyoming hay products $202 million in 2007 and 2008, but the market maintained its leading status due to demand for alfalfa in the two largest agricultural commodities in the state – sheep and beef cattle. Dairy quality alfalfa receivesthe highest price and is sold throughout the state, and region. Dairy quality alfalfa has also been shipped as far as Texas and Kentucky. Alfalfa is harvested from two to four times per year

, depending upon the elevation, with higher altitudes producing lower yields. On irrigated fields in lower elevations over seven tons per acre of alfalfa can be harvested.

Mormon crickets and grasshoppers extensively impact the producer’s bottom line, either from crop damage or from chemical costs in controlling the insects. The quality of the alfalfa is also an important considerati on from an economic standpoint. Damaged hay will be downgraded from dairy quality, known as “S upreme” and “Premium” to only “Good” or

“Fair”. Most of the nutrition is in the leav es, so alfalfa hay with a higher percentage of stems is not acceptable to dairies, which require the maximum nutritional value. Alfalfa hay that has lost 20% or more leaf material will be used to mix with other feeds as filler, or used as a supplemental feed for grazing livestock and is currently only worth about $55- $60 per ton. A change in classification result s in loss es of $60 - $45 per ton. At 10% damage and a downgrade in classification to $68 per ton would result in lost revenue to the grower.

Without Dimilin 2L, each cutting in the affected areas is expected to suffer losses of 10% or greater. The first cutting is generally the largest crop harvested and is also hit the hardest by Mormon crickets and grasshoppers. Mormon crickets usually don’t affect the later crops as much, because they have finis hed their life cycle. Grasshopper damage will continue throughout the growing season until frost kills the hay or the grasshopper life cycle is completed and they die.

Without the use of Dimilin 2L on alfalfa and pasture ground, we anticipate approximate losses of $4,522,180.00 (26,000 acres x $ 173.93, which is the difference between the high and low gross revenues in the chart) to alfalfa hay growers in Wyoming.

THREATENED AND ENDANGERED SPECIES (Plants)

Wyoming has one plant that is classified as endangered. The Blowout penstemon is located in 11 counties in Wyoming. Wyoming also has three other plant species that are classified as threatened: 1. Colorado Butterfly plant located in three counties; 2. Desert Yellowhead located in one county 3. Ute Ladies-Tresses located in 22 counties. The use
of diflubenzuron instead of less environmenta lly safe pesticides that harm beneficial pollinators may insure the viability of these species. (Threatened and Endangered Species Info. from Wyoming US FWS web-site)

PDF Files: 1. Blowout Penstemon 2. Colorado Butterfly plant

3. Desert Yellowhead
4. Ute Ladies-Tresses

APIARISTS

Using diflubenzuron in place of other approved pesticides that are harmful to bees and other beneficial pests also protects Wyoming Apiarists against further losses in revenue due to bee number decline. In 2008 Wyoming Apiarists saw a drop in honey production from 3,400,000 pounds in 2007 to 2,379,000 pounds in 2008. $181,000 decline in revenue to the states Apiary industry. According to Jerry Hayes - U.S. Beekeeping Report 50 years ago U.S. had 5 million hives; now about 2 million hives.Year Pounds (1,000) Price Value ($1,000) 2007 3,440 $100 $ 3,440 2008 2,379 $137 $ 3,259
(Information on honey stocks & price per pound were gathered from Wyoming Agricultural Statistics)

ECONOMIC DATA (166.20(b)(1))

Year Acres Yield per

acre (tons) Price per ton ($) Gross

Revenue

per acre Average Cost per

acre Net

Revenue per Acre 2009 * 550,000 * 2.9 * $120.00 * $348.00 * $150.00 * $198.00 * 2008 530,000 2.9 $118.00 $342.20 $150.00 $192.20 2007 570,000 2.7 $109.00 $294.30 $150.00 $144.30 2006 500,000 2.3 $101.00 $232.30 $150.00 $82.30 2005 600,000 2.8 $75.00 $210.00 $150.00 $60.00 AVERAGE 550,000 2.7 $104.60 $285.36 $150.00 $135.36

w/ Dimilin

2L 550,000 2.7 $104.60 $285.36 $150.00 $135.36

w/o

Dimilin 2L

at 10% damage 550,000 2.4 $68 $160.80 $150.00 $10.80

w/o

Dimilin 2L

at 15% damage 550,000 2.3 $68 $156.40 $150.00 $6.40

w/o

Dimilin 2L

at 20% damage 550,000 2.1 $61 $128.10 $150.00 -$22.00

All acreage, yield data and price per ton data were ta ken from the 2009 Wyoming Agricultural Statistic book

* estimated



### Estimated costs of aerially applied RAATs treatments of carbaryl and diflubenzuron against rangeland grasshoppers,

Treatment Specific Mix Chemical cost Application cost Total cost Strategy per acre per acre per acre Protected protected protected

RAATs carbaryl 8 fl oz + 0.70 0.78 1.48 to 50% of acreage 8 fl oz H 2 O 8 fl oz/acre treated per treated acre (0.25 lb AI/acre) TV = 16 oz

RAATs carbaryl 12 fl oz + 1.04 0.78 1.82 to 50% of acreage 1 2 fl oz H 2 O 12 fl oz/acre treated per treated acre (0.375 lb AI/acre) TV = 24 ozRAATs diflubenzuron 0.75 fl oz + 0.63 Dimilin 0.78 1.57 to 50% of acreage 10 fl oz oil + 0.16 Oil
0.75 fl oz/acre treated 20.25 fl oz H 2 O 0.79 Total (0.0117 lb AI/acre) per treated acre 5.3g/acre treated TV = 31 oz



### Mean percentage control of grasshopp ers treated with RAATs treatments

Days after treatment (1)

Treatment Rate (2) 7 14 21 28

Fl oz

diflubenzuron 0.75 - 50 61.4 c 95.0 b 97.6 b 98.5 a (60.2) (94.6) (97.6) (98.6)

Carbaryl 8 - 50 84.8 b 87.9 c 89.7 c 89.5 b (85.9) (88.2) (89.8) (90.7)

(1) Corrected for natural mortality (unadjusted va lues in parentheses). A one-way analysis of variance was performed on a rank transformation of the data. A Tukey multiple comparison test was used to separate means. Means in the same column followed by the same letter are not significantly different (P δ 0.05). The untreated check population decreased an average of 0.4% per day.

(2) Fluid ounces of undiluted material appli ed/acre and percentage of acreage treated.

Field studies comparing carbaryl, Malithion and 

### diflubenzuron were conducted on rangeland. However, there is very little information regarding data comparisons on alfalfa. I have attached different studies for your informational review.

1. Bran Bait or Liquid Insecticide Treatments for Managing Grasshoppers on Croplands Adjacent to Rangeland or Conservation Reserve Program Acreages

2. Impact of Dimilin® on Nontarget Arthropods and Its Efficacy Against Rangeland Grasshoppers

3. Field and Economic Evaluation of Oper ational Scale Reduced Agent and Reduced Area Treatments (RAATs) for Management of Grasshoppers on South Dakota Rangeland, 1997-1999



### 4. Pest Management Strategic Plan for Western U.S. Alfalfa and Clover Seed Production ( Special interest a. page 96 – TABLE Insect Management in Alfalfa and Clover seed. b. page 98 – TABLE - Biological control. c. page 99 - TABLE – Toxicity Ratings on Pollinators and Beneficial in PNW Alfalfa and Clover Seed)

### INSECT GROWTH REGULATOR SUSPENSION CONCENTRATE 

# Dimil 2L Chemtura

AGROSOLUTIONS

- 

# RESTRICTED USE PESTICIDE

Due to toxicity to aquatic invertebrate animals. i For retail sale to and use only by Certified Applkators„ or persons under their direct supervision, and only for those uses covered by the Certified Applicator's certification. 

## SECTION 18 EMERGENCY EXEMPTION FOR ALFALFA AND MIXED GRASS/ALFALFA HAY

FOR USE ONLY WITHIN THE STATE OF WYOMING

It is a violation of Federal law to use this product in a manner inconsistent with its labeling.



### FOR CONTROL OF GRASSHOPPERS AND MORMON CRICKETS IN ALFALFA AND MIXED GRASS/ALFALFA HAY

SITES AND ACREAGE TO BE TREATED:



## ALFALFA AND MIXED GRASS/ALFALFA HAY

GRASSHOPPERS AND MORMON CRICKETS: For optimum results, apply DIMILIN 2L when grasshoppers/Mormon crickets have reached the 2' d to 3' instar stage of development. ()NUN will not effectively control grasshoppers and Mormon crickets once they reach the adult stage.

Crops Pests Application Rate (fl oz/acre) Application Timing

Alfalfa and Mixed Grasshopper 0.75 - 2 Use 1 application on early instar (majority in the 2nd through 4th instar nymphal stages). Grass/Alfalfa Hay For best results use high rate on heavy infestations or dense foliage.

Mormon
cricket May be used in a RAATs (Reduced Area and Agent Treatment) application on early instars. A RAATs application is an IPM strategy that takes advantage of grasshopper movement and conservation biological control to allow Dimilin 21. to be applied on a reduced treated area and at reduced rates, while sustaining acceptable control.
The rate range to use per acre and amount of area treated will depend on grasshopper/ Mormon cricket age, plant canopy and topography. Skip up to 50% of the infested area (every other swath) and use the lower rate under uniform topography with early instar ages and sparse vegetation. If the majority of the population is late instars, vegetation is dense, terrain is considered rough, and conditions are hot during treatment, then the coverage and rate of DIMILIN 2L should be increased up to a blanket (100%) coverage with 1 fl oz per acre. Applications may be made after each cutting of alfalfa. Do not apply more than three applications per year.

DIMILIN will not effectively control grasshoppers and Mormon crickets once they reach the adult stage

Aerial application: For low/high volume application, apply in 2 to 10 gallons of water per acre. For ULV application, apply in a minimum of 12 fl. ozs. total volume per acre. Ground application: For low/high volume application, apply in 2 to 30 gallons of water per acre. For ULV application, apply in a minimum of 12 fl.ozs. total volume per acre. Regardless of application type, total spray volume used must ensure thorough coverage of the target crop. Aerial and ULV spray mixtures should

include an evaporation/drift retardant product at use rates prescribed on the specific product label, particularly when conditions are favorable for water evaporation (e.g., high air temperature and/or low humidity). When using oil type evaporation/drift retardant products, be sure to maintain a ratio of at least 2 parts water to 1 part oil.For low volume and ULV applications, make sure that the spray mixture in the boom contains the correct concentration of Dimilin 2L before application begins, and be sure that good agitation is maintained throughout mixing and application.

Do not exceed 2 fl. oz. per acre.
Do not apply closer than 14 days prior to harvest. Do not apply DIMILIN directly to or allow to drift to water or wetlands.When disposing of equipment wash water or rinsate, do not contaminate water.
Do not plant food or feed crops in DIMILIN treated soils within 1 month following last application, unless DIMILIN is authorized for use on these crops.
Do not enter or allow workers into treated area during the restricted entry interval (REI) of 12 hours. Do not apply within 25 feet by ground or within 150 feet by air of bodies of water such as lakes, reservoirs, rivers, permanent streams, natural ponds, marshes or estuaries. All applications must include a 25 foot buffer vegetative strip within the buffer zone to decrease runoff.

DIMILIN ® is a Registered Trademark of Chemtura Corporation, 199 Benson Road, Middlebury, CT 06749

All applicable directions, restrictions, and precautions on the registered product label for Dimilin 21 (400-461) are to be followed. These Use Directions must be in the possession of the user at the time of the pesticide application. 002

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# Wyoming Adult Grasshopper Survey, 2008

This information is to be used by Land Managers and W&P Pers onnel in order to project possible outbreaks in spring of 2009. State wide 1,646 stops were surveyed between 7/07/2008 and 9/4/2008. Survey stops were collected by APHIS employees using the (18 sq. foot)/2 method. All data was collected as point data and displayed using a fixed buffer. Map Created by USDA APHIS PPQ WY

5353 Yellowstone Rd. Suite 208 Cheyenne WY 82009 Buffer Radius
Green 3.25 miles Orange 3.00 miles

Red 2.50 miles

Blue 0.75 miles 

### Grasshopper Density # / Sq Yd



## K 0

1 - 8

9 - 15

15 +

Crickets GH per Sq. Yd. 9 to 15 15+ 9+ MC

Private 669,674 186,599 856,273 12,368

BLM 120,016 71,769 191,785 2,301

State Lands 74,777 18,968 93,745 2,162

USFS 21,962 2,086 24,048 805

Wind River Indian Reservation 0 788

Bureau of Reclamation 532 1,379 1,911

DOD

USFS, Grasslands 2,814 2,814

Bankhead Jones 3,624 3,624

National Park Service 5,084 3,090 8,174

Total Acres Infested 898,483 283,891 1,182,374 18,424 Acres

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# Wyoming Adult Grasshopper Survey, 2009

This information is to be used by Land Managers and W&P Pers onnel in order to project possible outbreaks in spring of 2010. State wide 1,631 stops were surveyed between 7/01/2009 and 9/3/2009. Survey stops were collected by APHIS employees using the (18 sq. foot)/2 method. All data was collected as point data and displayed using a fixed buffer. Map Created by USDA APHIS PPQ WY

5353 Yellowstone Rd. Suite 208 Cheyenne WY 82009 Buffer Radius
Green 3.25 miles Orange 3.00 miles

Red 2.50 miles

Blue 0.75 miles 

### Grasshopper Density # / Sq Yd



## K 0

1 - 8

9 - 15

15 +

Crickets GH per Sq. Yd. 9 to 15 15+ 9+ MC

Private 3,504,585 2,281,827 5,786,412 33,222

BLM 429,445 272,754 702,199 5,974

State Lands 412,519 228,773 641,292 4,857

USFS 62,649 26,134 88,783 2,719

Wind River Indian Reservation 7,816 16,201 24,017

Bureau of Reclamation 18,844 13,918 32,762

DOD 6,595 1,023 7,618

USFS, Grasslands 33,650 30,844 64,494

Bankhead Jones 65,556 35,124 100,680

National Park Service 18,279 1,573 19,852 2,261

Total Acres Infested 4,559,938 2,908,171 7,468,109 49,033 Acres