2. Presented by DinéNizhoni Hill and Marco Guske TPPC Council Meeting March18, 2009

3. U.S. EPA takes enforcement action against the Wilbur-Ellis Company for 21 violations of federal pesticide law National pesticide distributor and applicator fined nearly $100,000 following pesticide violations SAN FRANCISCO – The U.S. Environmental Protection Agency has fined a California-based national distributor of agricultural products, the Wilbur-Ellis Company, $99,600 for 21 alleged violations of federal pesticide law. The case was the result of investigations conducted by regulators in Arizona, Idaho, Navajo Nation, Ft. Mojave Indian Tribe, and EPA’s Pacific Southwest and Pacific Northwest Regional Offices. “Through the cooperation of several regulatory agencies, we were able to bring to the attention of this large corporation some serious problems,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest region. “Failure to include personal protective equipment requirements on a label for a highly toxic pesticide is a serious violation of federal pesticide laws.” Following a Fort Mojave Indian Tribe inspector’s discovery of a pesticide product with a single page copy of a label which appeared to be missing several key safety elements, the U.S. EPA requested that Arizona conduct an inspection of Wilbur-Ellis Company. In 2007, Arizona Department of Agriculture investigators found that the Wilbur-Ellis facility in Ehrenberg, Arizona was distributing and selling a misbranded pesticide, in violation of federal law. A separate inspection in 2008 by Arizona Department of Agriculture investigators found that Wilbur-Ellis was distributing a minimum risk pesticide with a label that failed to meet the regulatory requirements. Navajo Nation EPA, Idaho Department of Agriculture and U.S. EPA inspectors found the following significant violations: Navajo Nation EPA found Wilbur-Ellis applicators on Navajo Nation were not wearing Personal Protective Equipment as required by pesticide labels. Numerous pesticides were found to be misbranded by Idaho Department of Agriculture and U.S. EPA Region 10 inspectors. Among the misbranded products was Vengeance Plus, a highly toxic pesticide which Wilbur-Ellis Company distributed and sold with a label that failed to include protective equipment requirements for applicators. U.S. EPA Region 10 inspectors documented distribution of a Restricted Use Pesticide by Wilbur-Ellis Company to a non-certified applicator at Yakima, WA The Wilbur-Ellis Company has agreed to pay the fine to resolve this enforcement action. Before selling or distributing any pesticide in the United States, companies are required to register the pesticide with the EPA and include labeling approved by EPA that includes directions for use and other information necessary to protect human health and the environment. Federal law requires that pesticide applicators comply with these labeling directions during pesticide applications to protect their workers and the public.

4.  Fort Mojave Indian Tribe  EPA Region 9  Arizona Department of Ag – 2007-08  Navajo Nation – 2007-08  Idaho Department of Ag  Yakama Nation – 3.20.08  EPA Region 10 3

6.  Enforcement action stems from violations from Regions IX and X which resulted in a fine of $99,600  Three of the violations originated from Navajo Nation.

7.  Wilbur Ellis (WE) is pesticide dealer located on Navajo Nation.  WE does the majority of pesticide applications on Navajo Agricultural Products Industry (NAPI).

8.  Navajo owned entity.  Currently utilizing 68,000 acres with potential to utilize 110,630 acres.  Crops: alfalfa, corn, pinto beans, potatoes, wheat, barley, small grains, flour, popcorn, feed, and manure.  Lease land to Hamby Pumpkin Patch Fundraisers, Navajo Mesa Farms (Frito Lay) and other local entiries.

9. WE

12.  PPE Violation: lacking long sleeve shirt and chemical resistant gloves

13.  PPE Violation: lacking long sleeve shirt and chemical resistant gloves Category A.

14.  PPE Violation: lacking protective eyewear.

15. 6/12/2016

16.  Idaho Department of AG and Region 10 find misbranded packages of Vengence Plus, which is highly toxic.  Product labeling omitted personal protective requirements for applicators.

17.  Routine use inspection of an orchard delayed dormant application.  Violations identified included: Failure to wear eye protection, applicator and handler; Purchase and use of an RUP (chlorpyrifos) without a valid license; Failure change out respirator cartridges as required by manufacturer; Inadequate decontamination supplies Failure to clean PPE as required on label.

18.  The dealer responsible for the sales is located off the reservation  Case forwarded to Region 10 for dealer follow-up and case development.  Completed cases from Region 10 are forwarded to Region 9 to be combined with cases from Fort Mojave, Navajo Nation, and Arizona State….

19. Wilbur-Ellis agrees to pay $99,600 for 21 violations of the federal pesticide law. Three tribes, two states, 2 regions!

20. 6/12/2016 AIR AND TOXIC DEPARTMENT PESTICIDE PROGRAM PO BOX 339 WINDOW ROCK AZ 86515 Fax: 928.871.6757 www.navajonationepa.org  Glenna Lee Program Manager Program Manager glennahlee@yahoo.com glennahlee@yahoo.com 928.871.7815 928.871.7815  Jefferson Biakeddy Senior Environmental Specialist Senior Environmental Specialist jbiakeddy@juno.com jbiakeddy@juno.com 928.871.7810 928.871.7810  DinéNizhoni Hill Environmental Specialist Environmental Specialist dinenizhonihill@navajo.org dinenizhonihill@navajo.org 928.871.7892 928.871.7892  Chrissy Owens Office Specialist Office Specialist chrissyowens@navajo.org chrissyowens@navajo.org 928.871.6790 928.871.6790

21. Marco Guske YN Pesticide Program Specialist P.O. Box 151 401 Fort Rd. Toppenish, WA 98948 (509) 865-5121 ext. 6043 (509) 865-5522 FAX (509) 949-8376 cell  Email: marco@yakama.com  Website: http://www.ynenvironmental.org/