### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460

EUP Issuance v. 20150320 OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION 

### April 21, 2016

Sue -Chi Shen Senior Regulatory Project Manager Valent U.S.A. Corp. 1600 Riviera Drive, Suite 200 Walnut Creek, CA 94596

Su bject: Experimental Use Permit for the evaluation of clothianidin for the control of Corn

rootworm in clothianidin treated corn seed when applied as a soil treatment Ex p erimental Use P ermit No. : 59639-E UP

- 1 8 EPA Registration No. 59639-152 Product N ame: Arena 50 WDG Insecticide Active I ngredien t: Clothianidin Ap p lication D ate : May 27, 2014 EPA D ecis ion No.: 491008 Effective Dates: April 21, 2016 to June 30, 2017 Quantity Authorized: 100 lbs of act ive ingredient p er

y ear Acres treated: 500

Dear Ms. Shen:

On t he basis of information furnished by the applicant, an Experimental Use Permit (EUP) under section 5 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (86 Stat. 983), is hereby issued for the active ingredient Clothianidin . This permit authorizes use of the product listed ab ove as a soil treatment on corn seed that has also been treated with clothianidin. Shipment and/or use under this permit is subject to the provisions of 40 CFR 172.

Pr ior to initiating this experimental program in any State, you are required to notify the lead Agency of the State(s) in which you will conduct your experimental program of the specific testing program (when, where, how much, etc.). Y ou must consult with the state 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. Issuance of this federal permit does not negate the need for permission from individual states. Failure to do so may result in revocation or modification of this experimental use permit. A directory of state pesticide control officials can be found under the AAPCO website: http://www.aapco.org/officials.html

.

You m ust provide notice to the State pesticide regulatory agency at least 72 hours before you use the experimental use product. You must also provide a copy of this authorization letter and stamped label, as well as the non -confidential portion of the Section G Experimental Program, to all cooperators, participants, and users prior to the initial pesticide use made in accordance with

### Page 2 o f 2

EUP No

. 59639-E UP

- 18 Decision No. 491008



### the EUP. EPA will notify the relevant EPA Region(s) of the approval of this EUP by sending copies of this approval letter to them.

B ased upon the experimental program submitted, this product may be shipped for use under this permit to Minnesota, South Dakota, & Wisconsin , to treat a combined total of 500 acres of corn fields . As per 40 CFR 172.8(b)(2), a final report must be submitted within 180 days after the expiration of this permit.

T he labeling submitted in connection with the application for this EUP is acceptable. A stamped copy of the label is enclosed for your records. This labeling must be used for all shipments of this p roduct under the subject EUP.

E nclosure

C c: EPA Region 5 Sincerely,

S usan Lewis, Director Registration Division (75 05 P) Office of Pesticide Programs

# Su pp lemental EUP Label

This Experimental Use Permit expires on June 30, 2017 and must not be used or distributed after this date.



## AMPEX TM 

## INSECTICIDE EPA Reg. No. 59639-152

EXPERIMENTAL USE PERMIT EPA Experimental Use Permit No. 59639-EUP-RI

For the Evaluation of Clothianidin for the Control of Corn Rootworm in Corn When Applied as a Soil Treatment

For Use Only in Minnesota (Counties of Benton, Blue Earth, Brown, Chippewa, Dakota, Dodge, Jackson, Lac qui Parle, Le Sueur, Lyon, Martin, McLeod, Mower, Nicollet, Nobles, Otter Tail, Pipestone, Polk, Pope, Redwood, Renville, Rock, Sherburne, Sibley, Stevens, Swift, Waseca and Yellow Medicine), South Dakota (Counties of Beadle, Bon Homme, Brookings, Brown, Davison, Deuel, Douglas, Hand, Hutchinson, Lake, Lincoln, McCook, Minnehaha, Miner, Turner, Union and Yankton) and Wisconsin (Counties of Buffalo, Columbia, Dane, Dodge, Eau Claire, Grant, Green, Jackson, Jefferson, Kenosha, Iowa, Lafayette, Pierce, Racine, Rock, Sauk, St. Croix and Walworth). Not to exceed a total of 500

acres.

Active Ingredient By Wt Clothianidin (( E )-1-(2-chloro-1, 3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine) ............... 50.0% Other Ingredients ............................................................................................................. ... 50.0% Total ......................................................................................................................... ........... 100.0%



### FOR EXPERIMENTAL USE ONLY Not for sale to any person other than a participant or cooperator of the EPA approved Experimental Use Program.

KEEP OUT OF REACH OF CHILDREN



## CAUTION

Manufactured for: Valent U.S.A. Corporation Walnut Creek, CA 94596-8025 (800) 682-5368

EPA Est. 

### GROUP 4A INSECTICIDE

59639-EUP-18 4/21/2016Page 2 of 9 

### PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS & DOMESTIC ANIMALS CAUTION Harmful if swallowed. Harmful if absorbed through skin. Harmful if inhaled. Causes moderate eye irritation. Avoid contact with eyes, skin or clothing. Avoid breathing spray mist or vapor.
FIRST AID
If swallowed: 

### • Call poison control center or doctor immediately for treatment advice.



### • Have person sip a glass of water if able to swallow.



### • Do not induce vomiting unless told to by the poison control center or doctor.



### • Do not give anything by mouth to an unconscious person.

If on skin or clothing: 

### • Take off contaminated clothing.



### • Rinse skin immediately with plenty of water for 15-20 minutes.



### • Call a poison control center or doctor for treatment advice.

If inhaled: 

### • Move person to fresh air.



### • If person is not breathing, call 911 or ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible.



### • Call a poison control center or doctor for further treatment advice.

If in eyes: 

### • Hold eye open and rinse slowly and gently with water for 15-20 minutes.



### • Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye.



### • Call a poison control center or doctor for treatment advice.

HOT LINE NUMBER Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact 800-892-0099 for emergency medical treatment information.

Personal Protective Equipment (PPE) Applicators and other handlers must wear: long-sleeved shirt and long pants, shoes and socks, and chemical-resistant gloves made out of: barrier laminate, butyl rubber  14 mils, nitrile rubber  14 mils, neoprene rubber  14 mils, natural rubber  14 mils, polyethylene, polyvinyl chloride  14 mils or viton  14 mils.

Follow the manufacturer’s instructions for cleaning/maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry.Page 3 of 9 ENGINEERING CONTROLS When handlers use closed systems or enclosed cabs in a manner that meets the requirements listed in the Worker Protection Standard (WPS) for agricultural pesticides [40 CFR 170.240 (d)(4-6)], the handler PPE requirements may be reduced or modified as specified in the WPS.

IMPORTANT: When reduced PPE is worn because a closed system is being used, handlers must be provided all PPE specified above for “applicators and other handlers” and have such PPE immediately available for use in an emergency, such as a spill or equipment break-down.

USER SAFETY RECOMMENDATIONS

Users should:

x Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet.

x Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing.

x Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing.

ENVIRONMENTAL HAZARDS This product is toxic to aquatic invertebrates. Do not apply when weather conditions favor drift from treated areas. Drift and runoff may be hazardous to aquatic organisms in neighboring areas. Do not apply where runoff is likely to occur. Do not apply directly to water, or to areas where surface water is present or to intertida l areas below the mean hi gh water mark. Do not contaminate water when cleaning equipment or disposing of equipment washwater or rinsate.

This product is toxic to bees exposed to treatment and for more than 5 days following treatment. Do not apply this product to blooming, pollen-shedding, or nectar-producing parts of plants if bees may forage on plants during this time period.



## DIRECTIONS FOR USE All applicable directions, restrictions and precautions on the EPA registered label must be followed. Before using AmpexTM Insecticide as permitted according to the Supplemental EUP Labeling, read and follow all applicable directions, restrictions and precautions on the label on or attached to the pesticide product container. This Supplemental EUP Labeling contains revised use instructions and or restrictions that may be different from those that appear on the container label. This Supplemental EUP Labeling must be in the possession of the user at the time of pesticide application. It is a violation of Federal law to use this product in a manner inconsistent with its labeling.

READ ENTIRE LABEL. USE STRICTLY IN ACCORDANCE WITH PRECAUTIONARY STATEMENTS AND DIRECTIONS AND WITH APPLICABLE STATE AND FEDERAL REGULATIONS.

Do not apply this product in any way that will contact workers or other persons either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your State or Tribe, consult the agency responsible for pesticide regulation.Page 4 of 9 AGRICULTURAL USE REQUIREMENTS Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170. This standard contains requirements for the protection of agricultural workers on farms, forests, nurseries and greenhouses and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification and emergency assistance. It also contains specific instructions on this label about personal protective equipment (PPE), notification to workers and restricted-entry interval. The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard.

Do not enter or allow entry into treated areas during the restricted entry interval (REI) of 12 hours.

PPE required for early entry into treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil, or water is: coveralls, socks and shoes, and chemical-resistant gloves made of any waterproof material.Page 5 of 9 DISCLAIMER, RISKS OF USING THIS PRODUCT, LIMITED WARRANTY AND LIMITATION OF LIABILITY

IMPORTANT: Read the entire Label including this Disclaimer, Risks of Using this Product, Limited Warranty, and Limitation of Liability before using this product. If the terms are not acceptable THEN DO NOT USE THE PRODUCT; rather, return the unopened product within 15 days of purchase for a refund of the purchase price.

ASSUMPTION OF RISK The Buyer and User (referred to collectively herein as "Buyer") of this product should be aware that there are inherent unintended risks associated with the use of this product wh ich are impossible to eliminate. These risks include, but are not limited to, injury to plants and crops to which this product is applied, lack of control of the target pests to this produc t. Such risks of crop injury, non-performance, or other unintended consequences are unavoidable and may result because of such factors as weather, soil conditions, disease, moisture conditions, irrigation practices, cultural practices or the manner of use or application, (or a combination of such factors) all of which are factors beyond the control of Valent. The Buyer should be aware that these inherent unintended risks may reduce the harvested yield of the crop in all or a portion of the treated acreage, or otherwise affect the crop such that additional care, treatment and expense are required to take the crop to harvest. If the Buyer chooses not to accept these risks, THEN THIS PRODUCT SHOULD NOT BE APPLIED. By applying this product Buyer ackn owledges and accepts these inherent unintended risks AND TO THE FULLEST EXTENT ALLOWED BY LAW, AGREES THAT ALL SUCH RISKS ASSOCIATED WITH THE APPLICATION AND USE ARE ASSUMED BY THE BUYER.

Valent shall not be responsible for losses or damages (including, but not limited to, loss of yield, increased expenses of farming the crop or such incidental, consequential or special damages that may be claimed) resulting from use of this product in any manner not set forth on t he label. Buyer assumes all risks associated with the use of this product in any manner or under conditions not specifical ly directed or approved on the label.

LIMITED WARRANTY Valent warrants only that this product conforms to the chemical description on the label and is reasonably fit for the purposes stated in the label, under average use conditions , when used strictly in accordance with the label and subject to the Risks of Using This Product as described above. To the extent consistent with applicable law AND AS SET FORTH ABOVE, VALENT MAKES NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED. No agent or representative of Valent or Seller is authorized to make or create any other express or implied warranty.

LIMITATION OF LIABILITY To the fullest extent allowed by law, Valent or Seller is not liable for any incidenta l, consequential, indirect or special damages resulting from the use or handling of this product. The limit ation includes, but is not limited to, loss of yield on all or any portion of the treated acreage, increased care, treatment or other expenses required to take the crop to harvest, increased finance charges or altered finance ratings, emotional or mental distress and/or exemplary damages. TO TH E FULLEST EXTENT ALLOWED BY LAW, THE EXCLUSIVE REMEDY OF THE BUYER, AND THE EXCLUSIVE MAXIMUM LIABILITY OF VALENT OR SELLER FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT SHALL BE THE RETURN OF THE PURCHASE PRICE OF THIS PRODUCT OR, AT THE ELECTION OF VALENT OR SELLER, THE REPLACEMENT OF THE PRODUCT.

PROMPT NOTICE OF CLAIM To the extent consistent with applicable law allowing such requ irements Valent must be provided notice as soon as Buyer has reason to believe it may have a claim, but in no event later than twenty-one days from date of planting, or twenty-one days from the date of application, whichever is latter, so that an immediate inspection of the affected property and growing crops can be made.

To the extent consistent with applicable law if Buyer does not notify Valent of any claims, in such period, it shall be barred from obtaining any remedy.

NO AMENDMENTS Valent and Seller offer this product, and Buyer accepts it, subject to the foregoing Disclaimer, Risks of Using This Product, Limited Warranty and Limitation of Liability, which may not be modified by any oral or written agreement.Page 6 of 9 APPLICATION DIRECTIONS For Use Only In: Minnesota (Counties of Benton, Blue Earth, Brown, Chippewa, Dakota, Dodge, Jackson, Lac qui Parle, Le Sueur, Lyon, Martin, McLeod, Mower, Nicollet, Nobles, Otter Tail, Pipestone, Polk, Pope, Redwood, Renville, Rock, Sherburne, Sibley, Stevens, Swift, Waseca and Yellow Medicine), South Dakota (Counties of Beadle, Bon Homme, Brookings, Brown, Davison, Deuel, Douglas, Hand, Hutchinson, Lake, Lincoln, McCook, Minnehaha, Miner, Turner, Union and Yankton) and Wisconsin (Counties of Buffalo, Columbia, Dane, Dodge, Eau Claire, Grant, Green, Iowa, Jackson, Jefferson, Kenosha, Lafayette, Pierce, Racine, Rock, Sauk, St. Croix and Walworth)

First year planting March 1, 2016 through June 30, 2016 only

. Second year planting March 1, 2017 through June 30, 2017 only

.

Table 1. 2016 Seed and Soil Treatments Containing Clothianidin

For 2016: Test plots will include two treatments. However, both plots will be planted utilizing corn seeds that include a single Bt trait targeting corn rootworm and treated with clothianidin. Plot locations will be placed where researchers or growers have historically suffered root pruning on corn rootworm-Bt corn hybrids/varieties that included CRW trait(s). An attempt to collect beetles (adults) for resistance monitoring may be included. Use the same seed lots for Plot A and Plot B.

Plot A: in-furrow application of Ampex Insecticide at planting on corn seeds that include a single Bt trait targeting corn rootworm and treated with Clothianidin.

Plot B: corn planted with corn seeds that include a single Bt trait targeting corn rootworm and treated with clothianidin.

If adult beetles (chrysomelids such as corn rootworms, scarabs such as Japanese beetle, June beetles) are present during the silking, pollination and maturing periods in populations that grant control based on local thresholds, a non-neonicotinoid class of chemistry may be used to treat plots A and B concurrently.Page 7 of 9 Pest Seed Treatment Soil Application Plot A Only

Rate of Active Ingredient Clothianidin (mg ai/seed) Ampex Insecticide Rate per Acre (oz/A)
For Seeding Rate Up To 35,000 Seeds/Acre For Seeding Rate Higher Than 35,000 Seeds/Acre

Corn Rootworms 0.25

5.12 Ampex Insecticide Rate = 6.4 - (clothianidin seed treatment rate mg ai per seed X seeds planted per acre) ÷ 14,175 0.5

Instructions Plot A Only



### • Make one soil application (spray and/or dribble) at planting with the specified dose rate in sufficient carrier volume to insure uniform distribution in the furrow with the planting equipment. Ensure that spray and/or dribble is directed into the furrow where seeds are being placed during planting.



### • Use water and/or liquid fertilizer as the carrier.

Restrictions



### • Regardless of application method, do not apply more than a total of 0.2 lb active ingredient clothianidin per acre per year.



### • If the maximum limit (0.2 lb active ingredient clothianidin per acre per year) has been applied and insect pest populations require additional treatments, use another registered pesticide that is not in the neonicotinoid class of chemistry (Group 4A).



### • Soil application only.



### • No nano particles/polymers may be used.



### • Do not exceed a total 500 acres in the specified states and counties for 2016.Page 8 of 9 Table 2. 2017 Seed and Soil Treatments Containing Clothianidin

For 2017: The same plots used in 2016 must be used for this planting. Use the same seed lots for Plot A and Plot B.

Plot A: in-furrow application of Ampex Insecticide followed by planting of hybrids/varieties with non-CRW Bt trait(s) corn seed treated with clothianidin

. Plot B: plant with hybrids/varieties with no CRW Bt trait(s) corn seed treated with clothianidin

. If adult beetles (chrysomelids such as corn rootworms, scarabs such as Japanese beetle, June beetles) are present during the silking, pollination and maturing periods in populations that grant control based on local thresholds, a non-neonicotinoid class of chemistry may be used to treat plots A and B concurrently.

Pest Seed Treatment Soil Application Plot A Only

Rate of Active Ingredient Clothianidin (mg ai/seed) Ampex Insecticide Rate per Acre (oz/A)
For Seeding Rate Up To 35,000 Seeds/Acre For Seeding Rate Higher Than 35,000 Seeds/Acre

Corn Rootworms 0.25

5.12 Ampex Insecticide Rate = 6.4 - (clothianidin seed treatment rate mg ai per seed X seeds planted per acre) ÷ 14,175 0.5

Instructions Plot A Only



### • Make one soil application (spray and/or dribble) at planting with the specified dose rate in sufficient carrier volume to insure uniform distribution in the furrow with the planting equipment. Ensure that spray and/or dribble is directed into the furrow where seeds are being placed during planting.



### • Use water and/or liquid fertilizer as the carrier.

Restrictions



### • Regardless of application method, do not apply more than a total of 0.2 lb active ingredient clothianidin per acre per year.



### • If the maximum limit (0.2 lb active ingredient clothianidin per acre per year) has been applied and insect pest populations require additional treatments, use another registered pesticide that is not in the neonicotinoid class of chemistry (Group 4A).



### • Soil application only.



### • No nano particles/polymers may be used.



### • Do not exceed a total 500 acres in the specified states and counties for 2017.Page 9 of 9 STORAGE AND DISPOSAL
Do not contaminate water, food or feed by storage or disposal.

PESTICIDE STORAGE Store in a dry place away from excessive heat. Do not store near food or feed. Store in original container only. For help with any spill, leak, fire or exposure involving this material, call day or night (800) 892- 0099.

PESTICIDE DISPOSAL To avoid wastes, use all material in this container by application according to label directions. If wastes cannot be avoided, offer remaining product to a waste facility or pesticide disposal program (often such programs are run by state or local governments or by industry).

CONTAINER DISPOSAL Nonrefillable container. Do not reuse or refill this container. Clean container promptly after emptying. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. Offer for recycling, if available; otherwise dispose of in a sanitary landfill or incineration.

©2016 Valent U.S.A. Corporation

Ampex is a trademark of Sumitomo Chemical Company, Ltd.

59639-EUP-RI.20160322_Ampex