John Kitzhaber, Governor

Case Number: 130486 Case Name: City of Hillsboro

Case Closed

Overview
Investigator Isaak Stapleton Case Reviewer Michael Babbitt Date Started 06/21/2013 ROL Sent? Referral to Another Agency? Number of Samples Taken 12 Number of Samples Analyzed 12 Complaint? Refer to PARC? Cease & Desist LOA Verified Compliance? Yes Yes Yes Yes Yes No No No No No Sample Type Air Animal Soil Swab Water Veg Other Yes No Date Completed 11/21/2013 Date ROL Sent Date of Referral List Test(s) Requested Dinotefuron Manager

Type of Investigation NUF Suspected Violation? Related Cases Yes No

Date Reviewed 11/25/2013 Date Case Completed 12/17/2013 Sixty Days 08/20/2013 One Hundred Twenty Days 10/19/2013

Tracking Bees Devices Liquid spray application Non-target species Significant (EPA)

Nature

Sunny Jones

1/2/14

Parties Involved
Parties Involved Government agency Last / Business Name Address City City of Hillsboro Hillsboro Applicator EVANS 16850 NW ARGYLE WAY PORTLAND Applicator VANDERZANDEN 102 ARTHUR ST ENTERPRISE OR 97828 541-426-8612 OR JOSH 97229 503-466-1013 AG-L1009406CPA OR TRINA 97123 503-681-5265 Contact: Bob Sanders 503-681-5265, cell 503-319-5946 AG-L0125321PPA PPA 12/31/2013 Multnomah TOIF, TOH CPA 12/31/2013 Wallowa AgH First State Zip License # Phone License Type Expiration Date County

Category

1.

Sunny Jones

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Application Information
Date of Application 3/26/2013 Application Note Category ORN-Insect/Fungi Location of Application All trees in downtown corridor and lightrail tracking (1st thru 4th, Lincoln to Baseline) and (Adams to 12th) Hillsboro OR Specific Site/Crop ornamental trees Rate of Application (mixing rate, diluent, rate per area, etc) basal bark treatment 16oz/gal Purpose aphid control Method of Application basal bark treatment Pesticides Involved Type Manufacturer Trade Name EPA Reg. No. Active Ingredients Start Time 0700 End Time 1600 Time of Day

2.

Sunny Jones

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Pesticides Involved Type Insecticide Manufacturer Valent Trade Name Safari EPA Reg. No. 33657-16-59639 Active Ingredients Dinotefuran

3.

Sunny Jones

1/2/14

Narrative

On June 21, 2013 Dale Mitchell received information regarding an incident of large numbers of dead bumblebees around a Tilia tree along a street in Hillsboro. On June 24, 2013 I, Isaak Stapleton, was briefed on the situation in Hillsboro and was forwarded an email from Bob Sanders, Assistant Public Works Director for the City of Hillsboro. In the email Sanders discusses that he believes that the trees is stressed and has produced large amounts of blooms and few leaves as a result of the stress and thinks that it may be a contributing factor. He also mentions that the Parks Department treated the trees at the end of March with Safari as a trunk spray application. They had also put netting around the trees on Saturday to restrict the access of pollinators to the trees as a precautionary measure. I contacted Sanders and made arrangements to meet him at the site around 1000. He said that it was located in front of a credit union on Washington St. between 4th and 5th. When I arrived on site I met with Sanders and evaluated the tree and the best place to gain access to the foliage being that the tree had been covered with netting. Sanders removes staples that held a seem together directly above the sidewalk. Sanders also provided me with a copy of the application record. Also on site was Patrick Preston, Public Affairs Director for the City of Hillsboro, and News Channel 8 and Channel 2. Prior to leaving the office I had a conversation with Mitchell on what the most appropriate sampling of the tree would be. We agreed that it would be best to sample the leaves and the flowers separately and also try to secure a sample of the dead bees. All samples were taken wearing clean alcohol rinsed nitrile gloves. I took individual samples of the leaves and the flowers from the tree directly in front of the credit union. The samples were placed in paper bags and sealed in clear plastic bags. I then took samples of the dead bees. There were not large amounts of bees on the sidewalk, many of the bees were in the landscape beds and turf area along the sidewalk. Sanders asked if I had plans to sample one of the other nearby Tilia trees since all trees were treated with Safari and this was the only tree that seemed to be having an effect on pollinators. I thought it was a good suggestion and took individual flower and leaf samples from a tree the was approximately 165' down the sidewalk heading from 4th to 5th St. On July 2, 2013 I met with Steve Heldt, Parks Superintendent, Trina Elias Evans, Utility Worker Parks and Recreation, Josh VanDerZanden, Utility Worker Public Works, and Patrick Preston, Public Affairs Manager, at the City of Hillsboro Parks Maintenance Department. Evans and VanDerZanden were the applicators who treated the trees in late March. The interview was to determine what areas were treated and what the application and mixing procedures were. The interview was recorded using a digital voice recorder.

4.

Sunny Jones

1/2/14

Narrative

The application that occurred this year was the third year that they had treated the trees with Safari to control aphids. The treatment program did not address any health or stress symptoms of the trees it was only to control aphids. They did have an arborist with NW Tree Specialists take a look at all of the trees this year and the one in front of the First Community Credit Union was the only one showing stress symptoms. All trees in the designated area were treated regardless of species, although the majority were Tilia trees. Evans defined the area where the city street trees were treated on a map that I had printed and brought with me for reference. Only the city street trees were treated with the exception that they did not treat some newly planted Ginkgo trees that were on main street as they were still under warranty. It was estimated that a total of 187 to 200 trees were treated in total. There was no product label available as all the product on hand had been used and the containers recycled. The product that was used was partially from stock that was left from last years applications and newly purchased product. They purchased their product from NW Tree Specialists who get it from Target Specialties. The application was a basal bark treatment using backpack sprayers to treat the circumference of the trunk 4' up applying approximately 1/4 gal per tree to the point of runoff. The average diameter at breast height of the trees treated was around 9", and they treated about 12 to 15 trees per backpack. They did not use a bulk tank of premixed product but instead mixed each backpack individually as they went. They mixed the product by first filling about one gallon of water in the backpack then added the safari and topped it off with the remaining water. The application was started at the Hillsboro Civic Center parking lot then the two applicators split up to complete the downtown core area consisting of street Lincoln to Baseline and 1st to 4th. They then moved to Washington St. from Adams to 12th. When doing Washington St. each applicator took one side of the street. The applicators did not feel that they would have treated a tree twice because it was cool that day and the bark remained wet for some time and they could identify the last tree treated. Given that the spray stayed wet for a long period of time I asked how they notified the public to not touch the treated trees before the sprayed dried to which they replied that they has published notices in the Oregonian as well as the local paper and notified the down town businesses and also spoke to any people they encountered during the application. I had noticed during my initial sampling of the tree that was effecting bees that it was covered with aphids and honeydew. I asked if they felt the application was effective. Evans commented that they had increased their rate this year because they had noticed in the previous years they did not get good control. They had previously used a rate of 12 oz/gal and had increased to 16 oz/gal this year. The rate used had been recommended by NW Tree Specialists. The rate appears to be within the allowable rate listed on the product label.

5.

Sunny Jones

1/2/14

Narrative

That same day I went to the Civic Center and collected two leaf samples from two different trees in the parking lot and also took two more samples from further down Washington St. to place on hold for further testing in the future should we feel in necessary. I also stopped at the First Community Credit Union to attempt to contact a representative that could tell me whether they used a landscaper or had contracted anyone to treat the Tilia tree in front of the building. I spoke with Chauncey, a First Community Credit Union representative, who would not provide her last name. She said that the first reports of dead bees were on June 17th. They used a landscape company called Leifs Lawn Care, but had not requested any treatments to the tree. On July 9, 2013 I contacted Leifs Lawn Care. I spoke with Leif Amundson, owner. I asked if they maintained that property and what if any products they applied. He said that they only do fertilizer applications to the small turf area and some spot treating of weeds in the beds with roundup. On August 26, 2013 I spoke with Dan Hilburn about how he did his sampling on June 21st at the Hillsboro bee incident. He had bee at the Wilsonville Target store earlier that day participating in the recovery effort to place bags over those trees. He collected the Bumblebees from under the single Linden tree in front of the credit union. He said that he observed dead bees under other trees on that block but was unable to determine if they had migrated from the tree in front of the credit union or had come from those trees. He described the bees as mostly still alive but could not fly or had a limited ability to fly, but were showing similar symptoms to the bees at the Target store in Wilsonville. He wore gardening gloves to collect the bees as some were still alive and he was concerned about being stung and he had no other gloves. The bees were placed into a plastic newspaper delivery bag he had in his vehicle. Most of the bees were collected from the bark area around the tree and also the the space along the sidewalk where the concrete and grass meet. He took combined samples of Linden foliage and flowers from trees associated with dead bees. He was not clear on if the two foliage samples were different or if they came from the single tree or several trees with a few dead bees around them. He also could not tell me for sure if he had used the gardening gloves at the Wilsonville location earlier in the day. He thought he may have used them early on in the day but not the entire time. He did not have a bag to put the foliar samples in so they were placed in his truck for the trip home and placed into a paper bag when he got home and then put into a freezer until he brought them in the following Monday. Sampling plan All samples were taken wearing clean alcohol rinsed nitrile gloves. I chose to take a composite sample of the dead bees under or near the Tilia trees in the landscape and parking lot islands. In order to make the sampling process more efficient I used a clean brown paper bag that was folded to brush the bees that were on the asphalt in to small piles. Those small piles were then swept into a clean clear plastic bag.

6.

Sunny Jones

1/2/14

Narrative

The foliage samples were a composite sample of the Tilia trees in the parking lot. The samples consisted of stems, leaves, and flowers. I used clean alcohol rinsed sheers to cut branch tips that were approximately 8" to 10" in length. The samples were placed in a clean brown paper bag and sealed in a clean clear plastic bag. The water sample was taken from the storm water run off pond located on the west side of the Target store building. I used an extendable pole with a clean glass jar secured to the end to reach out into the water and used that small jar to fill a larger clean glass jar for a larger total sample. The jar was filled to the top to allow for nor air space. Additional samples were taken of leaves and flowers individually of four separate trees. Two trees that had been treated with a foliar application were sampled and two trees that had been treated with a drench were also sampled for a total of 8 additional samples. Sample # 130486-1 130486-2 130486-3 130486-4 130486-5 130486-6 130486-7 130486-8 130486-9 130486-10 130486-11 130486-12 Sample results June 27, 2013 - Laboratory Services issued the following sample results: Lab method - Quecher's Sample # 130486-1 130486-2 130486-3 Analysis Dinotefuran Dinotefuran Dinotefuran Results 0.110 ppm 12.0 ppm 0.36 ppm MDL* 0.040 ppm 0.010 ppm 0.010 ppm Type Bumblebees Tilia foliage Tilia foliage Date sampled 6/21/13 6/21/13 6/21/13 6/24/13 6/24/13 6/24/13 6/24/13 6/24/13 7/2/13 7/2/13 7/2/13 7/2/13 Sample Type Bumblebees Tilia foliage Tilia foliage Tilia flower Tilia foliage bumblebees Tilia flower Tilia foliage Maple leaf Maple leaf Katsura leaf Zelkova leaf Sample site credit union credit unionbark credit unionbark credit union credit union credit union Washington St. Washington St. civic center civic center Washington St. Washington St. bark bark bark bark bark bark bark bark bark Treatment bark

June 28, 2013 - Laboratory Services issued the following sample results: 130486-4
7.

Dinotefuran

2.3 ppm
Sunny Jones

0.010 ppm

Tilia flower
1/2/14

Narrative

130486-5 130486-6 130486-7 130486-8

Dinotefuran Dinotefuran Dinotefuran Dinotefuran

39.0 ppm 0.14 ppm 0.047 ppm 1.0 ppm

0.010 ppm 0.010 ppm 0.010 ppm 0.010 ppm

Tilia foliage bumblebee Tilia flower Tilia foliage

July 31, 2013 - Laboratory Services issued the following sample results: Lab method -Enhanced Sample # 130486-1 130486-2 130486-3 130486-4 130486-5 130486-6 130486-7 130486-8 Analysis Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Dinotefuran Results 0.18 ppm 7.5 ppm 0.33 ppm 1.6 ppm 24.0 ppm 0.14 ppm 0.027 ppm 0.63 ppm MDL* 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm 0.004 ppm Type Bumblebees Tilia foliage Tilia foliage Tilia flower Tilia foliage Tilia flower Tilia foliage Tilia flower

August 4, 2013 - Laboratory Services issued the following sample results: 130486-9 130486-10 130486-11 130486-12 Dinotefuran Dinotefuran Dinotefuran Dinotefuran 0.34 ppm 0.67 ppm 0.65 ppm 0.39 ppm 0.010 ppm 0.010 ppm 0.010 ppm 0.010 ppm Tilia foliage Tilia flower Tilia foliage Tilia foliage

*MDL = Minimum detection level The enhanced lab method was done due to the amount of scrutiny the investigation was expected to receive therefore the Department wanted the highest level of analysis result confirmation possible. The results and methods were later reviewed by staff at EPA. Label review Environmental Hazards "This product is highly toxic to bees exposed to direct treatment or residues on blooming crops or weeds. Do not apply this product or allow it to drift to blooming crops or weeds if bees are visiting the treatment area." Application Information Safari 20 SG Insecticide can be applied as a foliar spray, a broadcast spray, a soil drench, soil injection and via chemigation for insect control in ornamental plants in greenhouses, nurseries, outdoor landscapes and interior plantscapes.

8.

Sunny Jones

1/2/14

Narrative

Safari 20 SG Insecticide is a systemic product and will be taken up by root systems and translocated upward throughout the plant. When applied as a foliar spray, the product offers translaminar and locally systemic control of foliar pests. When applied to the soil, Safari 20 SG Insecticide will be translocated more quickly in herbaceous plants than in woody shrubs and trees. Speed of Insect control will range from as little as one day for small herbaceous plants in containers, to several weeks in large trees growing in the landscape. Ornamental Plants Foliar and broadcast spray applications, in the column labeled Crop it lists Shrubs, bedding plants, and ornamental trees.

9.

Sunny Jones

1/2/14

Conclusion

The Oregon Department of Agriculture investigated this report of dead bumblebees under a single tree treated three months earlier. Although some of the treated active ingredient, dinotefuran, was found in bumble bees and foliage of treated lindens, the ODA found no indication of an application being made inconsistent with labeling or in a faulty, careless or negligent manner. Changes to the labels of dinotefuran products -- at least those sold in Oregon -- are in progress. Licensing of the public employee applicators in this case was not required, since they were using manually powered equipment to apply a general use pesticide to property owned or controlled by their public employer.

10.

Sunny Jones

1/2/14

Attachments
Attachment Name Tab 01 - Area treated Tab 02 - Map showing tree affecting bees Tab 03 - Application record Tab 04 - Safari Label-applicator Tab 05 - Safari supplemental label-applicator Tab 06 - email Steve Northway Tab 07 - Interview Audio Tab 08 - Photos Tab 09 - Photo labels Tab 10 - Email regarding samples Tab 11 - Sample results 1-8 with dual analysis Tab 12 - Sample Results 9-12 Tab 13 - Results table (analytical results) Tab 14 - Enforcement Case Referral letter to EPA Type Maps Maps Records Label Label Correspondence Misc. Photos Misc. Correspondence Misc. Misc. Misc. Correspondence

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Enforcement Summary
Name City of Hillsboro Evans, Trina License Type NONE PPA Prohibition Violated NONE NONE NONE Number of Actions 1 1 1 Action NONE NONE NONE TOTAL Orig CP Amount $ TOTAL Actual CP Amount $ Notice Issued Notice Served Orig CP Amount $ Hearing Reqsted Informal Held Final Order Issued Actual CP Amount $

Vanderzanden, Josh CPA

12.

Sunny Jones

1/2/14

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