Main Office: 660 Pennsylvania Ave., S.E., Suite 302, Washington, D.C. 20003 Phone: 202

- 547

- 9359 Fax: 202

- 547

- 9429

California Office: 303 Sacramento Street, Second Floor, San Francisco, CA 94111 Phone: 415

- 826

- 2770 Fax: 415

- 826

- 0507

Email: info@centerforfoodsafety.org www.centerforfoodsafety.org www.foodsafetynow.org June 18 , 2012 United States Environmental Protection Agency Office of Chemical Safety and Pollution Prevention Ariel Rios Building 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 c/o: Marianne Lewis
Attn: Docket No. EPA

- HQ

- OPP

- 2012

- 0334

Sent via Express Delivery and email ed to: Lewis.Marianne@epamail.epa.gov and Nesci.Kimberly@epamail.epa.gov

Re: SECOND SUPPLEMENTAL FILING for Emergency Petition for Suspension of Registration

- Clothianidin dated 3/20/12

Dear Ms. Lewis and Ms. Nesci,

The following is submitted as a second supplemental filing in support of the above

- referenced Petition ( Docket No. EPA

- HQ

- OPP

- 2012

- 0334 ) . This consists of information that came to light after the Petition
was filed on March 20 and after the Petitioners submitted their first supplement filing on May 3 . This
Second S upplement provides important new information on the issue of whether certain uses of
clothianid in present an “imminent hazard” to honey bees and other beneficial insects? Recently, EPA
staff indicated that issue will be decided in the first phase of decision

- making on the Petition; to properly decide it the agency mus t have the benefit of the scient ific and factual developments that
have occurred over the last two months

.

The original Petitio n cited extensive past information on abnormal honey bee mortality; this Second Supplement contains an order of magnitude more information on recent major bee kills. The EPA Office of Pesticide Programs has failed to make the full extent of this bee kill information to Petiti oners in response to their Freedom of I nformation Act (FOIA) request seeking it

. 1 B ased on Petitioners’ independent research , as well as so me of the EPA FOIA response documents, it is apparent that a severe hazard does exist to honey be es and other beneficial insects

. A shocking amount of new information about this hazard has developed very recently that bolsters the case for suspension of
cl othianidin’s registration.

1 EPA response to FOIA request file d by Center for Food Safety, dated March 21, 2012; EPA number HQ

- FOI

- 1000

- 12.2

1) Determina tion of the “imminent hazard” issue. The age ncy states (emphasis added) :

In cases where EPA believes that an "imminent hazard" would exist if a pesticide were to continue to be used during the cancellation proceedings, EPA may use an emergency order to suspend the pesticide registration and thereby the sale, distribution, and use of the pesticide. An "imminent hazard" is defined as an unreasonable adverse effect on

the environment or an unreasonable hazard to the surviv al of a threatened or endangered species. The administrator then has 90 days to issue a notice of intent to cancel the registration or change its classification before the emergency order expires. 2

EPA must reca ll that under FIFRA the burd en of proof in d etermining whether clothianidin presents

an imminent hazard rests not with Petitioners, rather it rests on the proponents of its registration. 3

The evi dence provided in the original P etition (which was extensive and will not be re

- stated here)

, as suppleme nted here and in the Petitioners’ first supplemental f iling

, clearly describes an

“ unreasonable adverse effect on the environment” in terms of a vast number of bee kills impacting likely hundreds of colonies and tens of millions of valuable honey bees

. The photograph below of a recent bee kill in Ontario illustrates this kill phenomenon, tightly associated with spring planting of
treated corn seed. The proponents of the regist ration cannot reasonably rebut that the effects of this type of kill, repeated acr oss a vast swathe of the U nited States and Canada

, are acute and
unreasonable.

An illustration of th e unreasonableness of these effe cts: Petitioners ’ counsel has witnessed two grown male b eekeepers crying because of similar losses to those in the photogr aph

. Beekeepers are a tough, independent

, lot by nature, but there is no doubt that the emotional impact is devastating

– not only must they witness severe damage to their unusual and valued livelihoods , but also they feel guilt ove r being powerless to pro te ct the living beings they steward from painful spasmodic
death s

.

Beekeepers cannot prevent the S pring bee kills

- with corn increasingly be com ing ubiquitous in so many regions

- nor can they obtain compensati on when losses occur. Pesticide kills typical ly are n ot covered by insurance or indemnification programs , nor is civil action feasible as in many cases there are too many farms as potenti al sources to be able to identify one p r obable cause provable in a

court of law

. The prese nt EPA proceeding repres ents our nation ’ s beekeepers’ best hope to prevent recurrence of this devastation.

2 EPA FIFRA webpage, Cancellation and Suspension of Pesticide Registrations , online at: www.epa.gov/agriculture/lfra.html

. 3 40 CFR § 154.5 on Special Review petitions.3

The s ame acute mortality pathway affe cts uncounted valuable native polli nators whose demise is
not monitored. This evidence also points to “ unreasonable hazard to the survival of a t hreatened or endangered species

, ” that is, it meets the second prong of the EPA’s “imminent hazard” definition.

T he re are at least 18 threatened a nd en dangered invertebrates potentially jeopardized

, in the same way that the mill ions of honey bees have been killed. EPA’s nine years of clothianidin registration records to date, including the recent responses by EPA and the U.S. Fish and Wildlife Servi ce (USFWS) t o the FOIA request s filed by Petitioner Center for Food Safety, provide no indication whatsoever that EPA is taking the steps required by t he Endangered Species Act to conserve Federally

- listed species or to mitigate the jeopardy clothianidin p oses to them. 4

The next Spring planting season begins nine months from now. Repeated annual patterns going back several years lea ves little doubt that Spring bee kills will recur in 2013 and 2014, i.e., during the time period it is likely to take EPA to resolve the Pet ition if it does not suspend clothianidin’s regi s tration in the interim. T hus continuing harm and emotional damage to beekeepers continues to
be imminent

, by any reasonable definition . As discussed herein, France and Canada have responded

to this new risk information by taking regulatory actions within just the last weeks. The United
States can show internatio nal leadership by not tak ing the imminent hazar d issue lightly and recognizing the long

- term health of honey bees and other beneficial insects is at stake.

4 Agency responses to FOIA requests filed by Center for Food Safety with EPA (see fn. 1) and the U.S. Fish and Wildlife Service

, dated March 27, 2012; number FWS

- 2012

- 00664.4

2) New science on neonicotinoid effects. In the past month an important new study identified how a
related neonicotinoid , imidacloprid, affects honey bees. (Eiri, DM and JC Nieh. 2012. A nicotinic acetylcholine receptor agonist affects honey bee sucrose responsiveness and decreases waggle dancing

. J Exp Biol 215, 2022

- 2029 ). According to the summary:

... imidacloprid temporarily increased the minimum sucrose concentration that foragers would accept (short time scale, 1 h after treatment) a nd reduced waggle dancing (longer time scale, 24 h after treatment). The effect of time suggests different neurological effects of imidacloprid resulting from the parent compound and its metabolites. Waggle dancing can significantly increase colony food

in take, and thus a sublethal dose (0.21 ng bee – 1 , 24 p.p.b.) of this commonly used pesticide may impair colony fitness.

This study provides additional indication, together with the recent studies cited in Petitioners ’ first supplemental f iling, that field

- r ealistic , sublethal, neonicotinoid dose s threaten the survival of honey
bee colonies.

3) Rebuttals of Bayer’s “Overview” of new science on neonicotinoid hazards

. The registrant for clothianidin, Bayer Crop Science, has attempted to influence EPA officials and others by denying
that the recent science supports a hazard finding (see unpublished “ Overview of publications on neonicotinoids and pollinators ,” prepared by R, Heintz elman, I.D. Kelly, D.L. Fischer and C. Maus, dated 23 May 2012)

. It is noteworthy that co

- author Dr. Fisch er has been investigating recent bee
kill incidents and reportedly has acknowledged the role of his company’s products and the need for modifications in its use to avoid future harm. (Steve Ellis, pers. comm.)

Out of concern that Bayer’ s paper may influence EPA’s views on the p ending matter

- as it was sent to agency officials

- Petitioners request the same officials to consider t he attachments in Appendices
A and B

. The first was p repared by Christian H. Krupke, Ph.D.

, Associate Profess or of Entomology,
Purdue University, dated June 7, and entitled: A response to a recent review of publications on neonicotinoids and pollinators prepared by Heintzelman, Kelly, Fischer and Maus

. As Heintz elman et al. had critiqued a seminal new paper on to xic dust by Dr. Krupke, he rebuts their critique

. 5 Key points include:

....data suggest that there is a strong likelihood that the neonicotinoids thiamethoxam and/or clothianidin were responsible for the bee kills we investigated. Corn and soybean seed treat ments are the only major use of clothianidin and thiamethoxam in our study area. All reports of bee kills occurred when corn was being planted nearby. The spurious claim that the concentrations of neonicotinoids we reported in stored pollen (2.9

- 10.7 ppb clothianidin and 6.2

- 20.4 ppb thiamethoxam, found

co

- occurring) were “not high enough to represent a significant risk for honey bees” is not supported by data. Sublethal effects of these compounds remain an

5 Krupke, C. et al. (2012). Mult iple Routes of Pesticide Exposure for Honey Bees Living near Agricultural Fields, PloS ONE
vol.7 , which is discussed extensively in the Petition.5 active area of research and what constitutes a “significant risk” is far from well defined. Using figures from our study provide a case in point: a bee fed pollen containing 20.4 ppb of thiamethoxam for the 10 d period it spends as a nurse bee would be exposed to an equivalent of ca. 50% of the oral LD50 of 2.8 ng/bee

. While the effects of such levels of dietary exposure level on individual bees (and colonies) remain unclear, dismissing these results out of hand and without supporting documentation reflects a gross oversimplification of a complex problem. .... the current situation is that there are no recommended methods for minimizing or preventing exposure of honey bees to planter exhaust. No recommendations exist for disposal of used talc. In short, growers planting treated seeds using currentl y recommended practices for planting and cleaning of equipment will result in large volumes of exhaust talc being distributed to the
outside environment. .... the extremely high levels of seed treatment pesticides found in talc exhausted from planters stands out as a potential source of acute exposure and a previously unidentified target for remedial action. The lower concentrations found in many other sample types are certainly worthy of further study as well, and may act as important routes for sublethal ex posure.

Appendix B is the comparable rebuttal of Heintzelman et al.

, dated June 14

, by James L. Frazier, Ph.D., Professor of Entomology, Pennsylvania State University. Key points from Dr. Frazier include (emphasis added) :

Unlike a normal literature revi ew where the pros and cons of a given paper are presented along with all pertinent literature that bear on alternate interpretations or provide conflicting results, the authors here provide only material used to refute the chosen study. This is done by car efully selecting the studies that are quoted and in further selecting specific statements to support their position without regard to the entire context or overall conclusions of the paper being cited. In addition, relevant published literature is not incl uded or cited, and a reader not skilled in science or familiar with the pertinent literature is left with a carefully written justification for a specific viewpoint, and not an objective critique of the science pertaining to the issues raised. To object to a specific [neonicotinoid] dose on the basis of an estimated level without giving the reader the actual basis for this neglects not only good science protocol, but also obfuscates any arguments. All major reviews of the state of the science on neonicotin oids over the last few years, as well as two major bodies of scientists charged with reviewing the state of the science on pesticide risk assessment for pollinators, all agree that the actual field exposure levels of pesticides in pollen and nectar for pol linators are one of the major data gaps that prevent us from knowing the true risks associated with systemic neonicotinoids

. When one examines the total relevant published literature for neonicotinoids impacting pollinator foraging behavior and the actual likely doses that are6 encountered, we see a very different picture than that depicted by Heintzelman
et al. in their overview. Clearly this overview is not a balanced, objective review of the papers cited or interpretations of them put into the context of all of the current scientific literature and the major unresolved questions that need further research, as is typical of a balanced scientific critique. For me this raises real concerns that the neonicotinoids that are currently being used in the market p lace were registered by a risk assessment process that was seriously flawed in its capacity to evaluate systemic p esticides

. The plethora of unanswered questions about their environmental fates, exposures to honey bees and native bees, potential
sub

- lethal impacts, interactions with other pesticides, and contributions of their formulation inerts and adjuvants leave little confidence that their continued use will be free from additional complications for pollinators and perhaps for humans
as well. The unusua lly high number of beekeeper reported bee kills in association with corn planting across seven states in the Midwest so far this year, indicates that beekeepers bear the brunt of undue risks from this class of pesticides.

In sum, the Bayer Crop Science H eintzelman et al. “Overview” stands thoroughly rebutted. EPA should disregard it.

4) Re cent media reports on Spring bee kills

. Dr. Frazier ’s opinion points to the high number of bee
kills reported this Spring. The media pieces and excerpts below are by no m eans exhaustive, but they illustrate the wide sweep of the hazard posed by clothianidin seed treatment during corn planting season. Key quantitative points in the articles (in chronological order) are highlighted.

Thousands of local bees mysteriously die 19 April 2012, by Teesha McClam http://www.whiotv.com/news/news/local/tipp

- city

- bee

- keeper

- has

- thousands

- dead

bees/nMdRP/ A Tipp City beekeeper has been left with 25,000 dead bees, costing him thousands of dollars, and he wants to know what happened. Tony Rimkus of Tipp City told News Center 7's Kate Bartley that his bees left the hive to get pollen and brought back a deadly pesticide. Rimkus said hi s bees were worth $5,000.

Pesticides might be killing bees 2 May 2012, by Tara Bowie (Brantford Expositor) http://www.brantfordexpositor.ca/2012/05/02/pesticides

- might

- be

- killing

- bees

.........Van Blyderveen guessed roughly 20% of the hives’ populations have been killed in the past week. Similar losses are being reported all over the province

. “I know personally of about 30 other beekeepers that are experiencing
the sa me thing. It’s everywhere from Chatham to Windsor and over to Niagara7 Falls and everything in between. I had someone drive in from Niagara Falls with a jar full of dead bees,” he said......... Van Blyderveen said it’s been a difficult few years in the industry . Bees are busy working to just survive instead of collecting extra pollen that would make more honey. “We’re definitely not making any money because we are constantly trying to rebuild. It’s been tough,” he said.

Four days in April deadly for bees 6 May 2012, by Spencer Hunt (Columbus Dispatch) http://www.dispatch.com/content/stories/local/2012/05/06/four

- days

- in

- april

- deadly

- for

bees.html

Hun dreds of thousands of dead honeybees were discovered outside hundreds of hives last month in Delaware, Fairfield, Hardin, Miami, Pickaway and

Ross counties

..... Central Ohio beekeeper Jim North said he believes a class of insecticide
called neonicotinoids is responsible for the dead bees outside of more than 300 of
his 350 hives in Pickaway, Fairfield and Ross counties

... “The classic example is the pile of dead bees outside the colony,” said Reed Johnson, bee researcher with the Ohio State University Extensio n. “Having a lot of them happen simultaneously, it is almost certainly a pesticide .”

Nightly News with Brian Williams 10 May 2012 http://www.msnbc.msn.com/id/3032619/vp/47379683 #47379683 ( National news report on a Minnesota bee kill and broader role of systemic pesticides)

Bee mortality spikes as corn planting season begins ; Beekeepers suggest there is a strong link to air seeders planting seed

- treated corn 10 May 2012 , Th e Western Producer http://www.honeycouncil.ca/index.php/current_news

Beekeepers in various parts of Ontario are reporting large numbers of bees they claim have acute poisoning symptoms. The source of the suspected poison is still open to speculation but the Ontario Beekeepers' Association has
received more than 50 reports of observed bee mortality in recent weeks. The association said in a press release last week that anecdotal observations from beekeepers indicate that bee mortality has increased since p lanting season started. Those anecdotal reports from bee keepers indicate a strong link to air

assisted planters planting insecticide

- treated corn seed

..... Bill Ferguson is a beekeeper near Exeter who has experienced an increase in bee mortality in recent w eeks. He said winter survival rates this year were the best in 10 years but more recently bees at some hives have been dying in large
numbers . He claimed the combination of air

- assisted seeders, the use of insecticide treated seed and the use of talc powde r to assist seed flow was a possible culprit in the increasing mortality rates. "There is a lot of air flow around these planters and the insecticide particles are picked by the talc powder and are blown around and bees are contacting them."8

Marketing P loy Being Blamed for Massive Honeybee Disappearance 18 May 2012, by George Prentice (Boise Weekly) http://www.boiseweekly. com/CityDesk/archives/2012/05/18/marketing

- ploy

- being

- blamed

for

- massive

- honeybee

- disappearance

........ While Treasure Valley beekeepers have reported an increase in swarms this spring, the same cannot be said for several states across the U.S. In fact, Minne sota and Nebraska are reporting huge losses of honeybees

.....

Pesticide found in dead bees 28 May 2012, by John Miner (Toronto Sun) http://www.torontosun.com/2012/05/28/pestic ide

- found

- in

- dead

- bees

The ongoing investigation into honeybee deaths that struck hives across southwestern Ontario this spring has turned up a pesticide used to protect corn and soybean seeds. Thousands of dead bees were found in piles outside hives in early May, triggering an investigation by Health Canada and the province's agriculture and

environment ministries. An agriculture ministry spokeswoman said Health Canada found residues of the insecticide clothianidin in 28 of 37 samples of bees from vario us sites

......

Pesticides linked to bee deaths 29 May 2012, by Tara Bowie (Brantford Expositor) http://www.brantfordexpositor.ca/2012/05/29/pesticides

- linked

- to

- bee

- de aths

Test results released to QMI Agency this week from the Ontario Ministry of Agriculture and Food (OMAFRA) show the majority of dead bee samples collected during the past month include residue of a widely used corn pesticide. The pesticide, Clothianidi n, was found in 28 out of the 37 samples tested as of Monday. Hundreds of thousands of dead bees were found in piles outside hives across the province in early May, triggering an investigation by OMAFRA, the Ontario Ministry of the Environment and Health C anada...... In the past month, about 25% of his bees have died . On a trip to a set of his hives located just outside of Tillsonburg last week he found somewhere
between 5,000 to 8,000 dead bees lying just outside the entrances.

Beekeepers blame pesticides fo r bee deaths 8 June 2012, by Jessica Murp h y (Toronto Sun) http://www.torontosun.com/2012/06/08/beekeepers

- blame

- pesticides

- for

- bee

- deaths

The Ontario apiarist was getting used to losing some bees each year, but
he never imagined he'd witness the devastation of May 24

- an inch

- and

- a

- half thick of dead honeybees covering some three feet of lawn in front of each of the
hives in his home yard.9 "I don't know if I'm going to get a crop this year," he said. "We take great pride in selling our own honey at the market. And people love our honey. But it's pretty hard to get honey when the bees are dead." By his count, the beekeeper in Elmwood, Ont., has lost 90% o f the b ees in his home yard

- where he breeds the hardy and gentle line of Buckfast honeybees

- and 50% of the bees in the rest of his 1,000 colonies, up to 50 million of the

insects so far.

5) Independent reports of recent U.S. bee kills

. As the United States lacks a publicly

- accessible incident report database comparable to Canada’s (see be low), Petitioners have piece d together reports beyond the media reports above

. This is a very incomplete accounting. ( Names are not given o ut of respect to the beekeepers d ue to the public nature of this document; if EPA officials want additional details they can contact Petitioners’ attorney

. )

Below are States where kills were reported in April and May ; virtually all documented reports were
associated wit h nearby corn planting in dr y weather :

Indiana: major losses in ten bee yard s belonging to President of Indiana Beekeepers

Association. Reportedly investigated and confirmed by Bayer Crop Science that bees contained high levels of clothianidin. Bayer representatives reportedly ackn owledged the need to change
how corn seeds are treated

. Lighter losses in ten other bee yards. One other report from Indiana involved a beekeeper whose operation crosses into Ohio also; this included acute mortality affecting about 75 colonies. Reportedly at least three (by one account “many”) other
recent bee kills occurred in the State , but no other details are available.

Iowa: one of the 25 beekeeper Petitioners reported a major spring kill pattern associated with spring neonicotinoid

- tre ated corn p lanting (the only insec ticide used broadly in the area)

. Occurred in Howard and Winchester counties , with major impacts on 400 colonies spread across several bee yards.

Michigan: reportedly two recent bee kills according to t he responsible State offici al, but no
details are available.

Minnesota: report of a major kill near Elbow Lake after nearby corn planting; made by one of the 25 beekeeper Petitioners. O ne chemical analysis did not find high levels of cl othianidin or thiamethoxam ( they may have deg raded )

. Another chemical analysis is pending.

Nebraska: reportedly one or more recent bee kills, but no details are available.

North Dakota: reportedly one or more recent bee kills, but no details are available.10

New York State : a report describing num erous colonies impacted in classic neonicotinoid dust poisoning circumstances and tens of thousands of dead bees piled in front of them ; beekeeping operation devastated

. 6

Ohio: in additi on to media reports (above) of six counties affected involving > 300 hives in what clearly fit pesticide poisoning patterns, one account indicated there were “hundreds of incidents” in the State that went uninvestigated. One major kill was reported by the former bee inspector for Miami County, involving 20 colonies, some w ith as many as 20,000 dead bees piled up in front of them. A t least four reports were made to the State Departmen t of Agriculture, with one chemical analysis result still pending, whereas for the other three the chemical analysis did not find clothianidin or thiamethoxam

.

Pennsylvania: m ortality observed by a small beekeeper in seven hives the next day after corn was planted nearby. R eportedly one or more other recent bee kills

, but no details are available

.

Utah: a report of 96 hives affected by light b ee kill due to corn planting nearby

.

While full facts are not available to Petitioners on the U.S. kills, those reported are connected to

S pring corn planting and toxic dust associated with seed treatments. There typically are no other insecticides being used during Spring pl anting and the descriptions fit within the now

- classic
neonicotinoid dust kill pattern . Confirmat ion via chemical testing is often infeasible due to a variety of factors (lack of prompt investigation, costs of testing, delays in takin g samples allowing degradation of chemicals, inadequate lab equipment, etc.). However, lack of chemical confirmation does not eliminate the only r easonable explanation for this pattern

. The pattern of U.S. kills
coincides with those from Canada and several European countries, discussed below. It further fits with similar incident reporting patterns from 2010 and 2011, for which EPA has many records.

Unlike Canada, the United States lacks a straightforward reporting system into the Federal regulatory agency and the reports made are not publicly accessible online. Further, EPA does not provide national summary reporting as is available from several E uropean countries (see below). A State pesticide official from Ohio reportedly indicated that bee kills associa ted with dust from treated seed are not even considered a “FIFRA incident” therefore they are not necessarily reported to EPA. This appears to be a common pr actice that denies EPA critical information from
the field. EPA has devolved much of the job of FIF RA compliance to the State agriculture agencies who often do not have the resources to investigate bee kills, may be more committed to enhancing crop agriculture and pesticide use

, and appear to not view dust from treated seeds causing bee kills

as events they need to report to EPA.

EPA’s incident reporting approach is so disjointed and ineffectual that beekeepers a re reluctant to make reports

, as doing s o typically leads to no meaningful relief and distracts them from the extra work needed to cope with th e ir incidents . Beekeepers certainly do not have independent access to analytical equipment to determine whether pesticides are involved. When they are able to get

6 For a three minute video of the aftermath of this incident, see http://s225.photobucket.com/albums/dd179/themrbee/?action=view¤t=TowerSpray.mp411

State or other testing done, it often is after the neonicotinoid compounds have degraded in t he dead bees and may no longer be detectable.

In short, given the numbers of incidents in April and May that have been documented, above, as well as reported in the press, and in view of the reporting system defects, EPA can reasonably estimate that many times more U.S. bee kills occurred without good documentation. The solid
documentation of fou r+ incidents from Ontario alone (as well as the comparable neonicotinoid bee kills from Austria, Italy and Slovenia, below) should be extrapolated to indicate tha t potentially
hundreds of kills occurred across the vast U.S. “corn belt,” which is orders of magnitude larger than
Ontario’s corn

- growing region.

6) Canada’s bee kill data and government response

. T he reg ulatory agency in Canada is more proactive in gath ering incident data than is EPA. When an incident is reported to the Pest Management Regulatory Agency ( PMRA ) , they investigate it and collect the dead animals and have them analyzed in a lab. T he relatively small agricultural areas in the province of Onta rio have be en a focus of recent bee kills as indicated in the “recent media

, ” above

, which reported >50 bee kill
incident s

. At least four official reports were made in to the publicly accessible PMRA reporting site

on serious bee kills in April and May, 201 2; all were connected with dust from corn seed planting
with clothianidin or thiamethoxam

- treated seeds. 7 Health Canada reportedly f ound residues of clothianidin in 28 of 37 samples of bees from various sites

.

It should also be noted that a review and eva luation of a similar 2011 bee kill involving 25 bee
colonies in Quebec was determined to be “highly probabl e” due to exposure to clothianidi n and/or
thiamethoxam and fenitrothio n. 8 That evaluation noted “clothianidin and/or thiamethoxam were
detected in ot her incidents where high bee mortality was observed” and that the incident in 2011
was the “ fourth incident reported to the PMRA clothianidin and/or thiamethoxam and bee mortality.”

In addition, on June 4 th

, the Agriculture Committee of the House of Commo ns held a hearing on the topic , which included numerous powerful beekeeper testimo nials of several of the recent kills

. 9 It
refers to non

- target impacts beyo nd bees, including anecdotal impacts to bird s, skunks and
raccoons that fed on the vast amounts of contaminated dead bees. The Committee members indicated they are considering a possible moratorium on neonicotinoids.

Very recently , on June 12, Canada ’s PRMA announced its decision to re

- evaluate registratio n of imidacloprid, clothianidin and thiamethoxa m

. 10 The announcement confirms that the agency has
received:

7 Online at: www

.hc

- sc.gc.ca/cps

- spc/pest/part/protect

- proteger/incident/index

- eng.php . Incident Reports 2012

- 1869, 2012

- 1679 , 2012

- 1680 and 2012

- 1681.

8 Evaluation of Pesticide Incident Report 2011

- 4412, online at: www.hc

- sc.gc.ca/cps

- spc/pubs/pests/_decisions.epir

- edirp2011

- 4412/index

- eng.php

. 9 Online at: http://parlvu.parl.gc.ca/Parlvu/TimeBandit/PowerBrowser.aspx?ContentEntityId=9163&EssenceFormatID=874

. 10 Online at: http://www.hc

- sc.gc.ca/cps

- spc /pubs/pest/_decisions/rev2012

- 02/index

- eng.php

.12

.... reports relating to bee mortalities occurring in Canada and internationally. Should evidence become available demonstrating reasonable grounds to believe that health or environmental risks of a pesticide are unacceptable, the PMRA will take appropriate regulatory action

.

7) European bee kill data summaries and government response s

. While the agency has acknowledged the infamous 2008 German bee kill of an estimated 11,000 colonies

, E PA has not

m ad e public the extensive kill data it has obtain ed from Austria and Italy

. 11 Below are summa ries of
this data , as well as data from Slovenia, which Petitioners obtained in June 2012, via FOIA (emphasis added)

.

Austrian

– 2009 to 2011 In response to 2008 b ee losses in several European countries, the Austrian Ministry of Agriculture, Forestry, Environment and Water Management began a study to examine the effects of seed treatment pesticides on bee colony health. The project aimed to identify correlations bet ween the incidence of honey bee losses in corn and canola regions with bee diseases or the use of seed protectants. Incidents of bee poisonings were reported from 2009 to 2011, and samples were analyzed for pests, parasites, and insecticide seed treatment residues. In 2009, 24 beekeepers (with 27 bee yards) reported bee poisonings suspected to be related to seed treatments, affecting 676 hives . Symptoms that were observed included: increased bee mortality, acute intoxication, flightless bees, crawlers, clus tered groups of flightless bees in front of hives, trembling bees and decreases in colony strength. Insecticidal seed treatments were detected in 29 of 29 analyzed bee samples, 39 of 60 beebread samples, and all of the 14 plant samples . I n 2010, 76 beekeep ers (with 95 bee yards ) reported bee poisoning incidents. From the 89 bee samples analyzed, clothianidin was found in 51% and thiamethoxam was found in 23% . In 2011, 88 beekeepers (representing 142 bee yards ) reported bee poisonings. The corn sowing period that spring coincided with a period of very windy conditions. The study indicates there is a relationship between bee poisonings and the seed treatment coatings and that mitigation measures should be implemented including using insecticidal
seed treatment s solely based on a given risk in plant protection and the further improvement of the quality of seed treatments.

Slovenia

- 2011 A large number of bee poisoning incidents were reported in the eastern region of Slovenia during the corn sowing season of 2 011. That season, sowing of corn coincided with the flowering of oilseed rape in adjacent fields. Nearly 10% of the beekeepers in the region were impacted, with incidents in more than 2,500 hives. Forty

- one beekeepers reported losses of foraging bees and b roods

. Clothianidin was the most frequently identified compound in samples taken from dead bees, pollen, nectar, honey combs, flowering oilseed rape and corn seeds.

11 The German kill and other bee kill data were discussed in the Petition, at pp. 17

- 18.13 Clothianidin was found in 24 out of 51 samples, and thiamethoxam was in 4 of the samples. T

he corn seed was sampled, and found to meet the national quality standards for dust abrasion implemented after 2008 bee poisonings. As the weather was windy and dry during the corn sowing, it was concluded that bees may have been exposed to clothianidin an d thiamethoxam in the dust clouds from corn sowing. Clothianidin and thiamethoxam were subsequently banned
in seed treatments because bee kills were reported despite the seed’s compliance with dust abrasion standards.

Italy

- 2008 Some Italian regions beg an a network to collect and test samples of dead bees for pesticide residues in the spring of 2008. In 5 regions of Italy, 6,328 hives were reported damaged, affecting 185 beekeepers . Results of sampling from two regions (Lombardy and Veneto) indicate that the majority of the bee losses occurred in flat cultivated areas of Northern Italy, mostly during or after corn sowing. Three neonicotinoid residues were identified: clothianidin was present in 25.7% of the samples, imidacloprid in 25.7%, and thiamethoxam in 2.8%. The spatial and temporal connection between hive damage and corn sowing, combined with the identification of active ingredients in seed treatments, confirms the connection between corn sowing and spring hive deaths. Following these incidents, the Italian government suspended the use of imidacloprid, thiamethoxam, clothianidin, and fipronil, effective in September 2008

.

These reports are very similar in nature to the 2010 through 2012 U.S. and Canadian kills and establish a crystal clear pattern o f treated corn planting associated with clothianidin/thiamethoxam

caused honey bee colony deaths. It is remarkable that these other countries have a more systematic reporting approach than the United States. The summaries indicate which of the governments imposed bans and suspensions of seed treatment use of these chemicals in response. These should be considered in conjunction with the additional bans or suspensions imposed in France and Germany. 12

8) Recent proposal by France to suspend Cruiser seed treatme nt

In keeping with the clear European government trend, o n June 1 it was announced, following research linking neonicotinoid pesticides to the decline in bee populations, the French government plans to ban Cruiser OSR, a thiamethoxam

- based insecticide use d for seed treat ments, produced by Syngenta

. 13 This decision relates to clothianidin as thiamethoxam is its clos ely

- related chemical

precursor.

12 The earlier European bans and suspensions we re disc ussed in the Petition, at pp. 18

- 19

. 13 Online at: www.reuters.com/article/2012/06/01/us

- france

- cruiser

- idUSBRE8500LO20120601

.14

Conclusion

If EPA fails to suspend the registration for clothianidin by a prompt order during this first phase of resolution of the Petition, the hazard posed to honey bees and pollinators in the interim would be unacceptable to the nation. There is no doubt that t he likely several

- year period necessary to resolve the issues if EPA opens a “public docket” and take s public comment will allow repeated acute S pring
bee kills to recur, will allow continued build

- up of long

- persisting clothi anidin in dusts, soils and vegetation, and will contribute to the chronic aspects of Colony Collapse Disorder

, which is steadily

pu tting beekeepers into “the red” and in many cases out of business altogether

. It also will allow additional years of unanalyzed and unmitigated jeopardy to Federally

- protected threatened and endangered species, which would be blatantly unlawful under the E ndangered S pecies A ct

.

In view of all of the evidence, and in accordance with the Statements of Legal Grounds numbered VII, VIII and IX in the Petition, EPA must issue an emergency order to suspend the registration of
clothianidin. Thank you for your atte ntion to this Second Supplemental Filing. Please contact me if you have any questions.

Sincerely,

/s/ Peter T. Jenkins, Attorney for Petitioners Center for Food Safety and International Center for Technology Assessment 660 Pennsylvania Ave., SE Suite 3 02 Washington, DC 20003 Phone: (202) 547

- 9359
Email: PJenkins@icta.org

Appendices Appendix A

– O pinion of Prof. Christian Krupke Appendix B

– O pinion of Prof. James Frazier