(Beyond Pesticides, April 23, 2024) The Office of Inspector General for the U.S. Environmental Protection Agency (EPA) released a report last week finding that the agency has failed to establish “institutional controls” at the American Creosote Works Superfund Site in Pensacola, Florida, leading to continuous groundwater and soil contamination that “leav[es] the public at risk of exposure.” The 1980 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) established the Superfund program, codified under 42 U.S.C. Chapter 103, to clean up contaminated sites with tax money from polluting industries. The OIG made eight recommendations for the regional EPA administrator and one for the assistant administrator “for Land and Emergency Management to improve the institutional controls at American Creosote Works Superfund Site.” There are three main determinations found in the results section of the OIG report: first, the institutional controls to prevent potential exposure were either “insufficient or unimplemented;” second, the EPA missed its mark in communicating associated risks to the public in areas surrounding this Superfund site; and third, the full administrative record for this site was not available at the time of inspection. This report builds on what advocates argue is the sustained legacy of EPA inaction and failure to […]

(Beyond Pesticides, March 28, 2023) High concentrations of fully intact, never broken down DDT remain on the California seafloor decades after it was dumped off its southern coast in the middle of the 20th century. “We still see original DDT on the seafloor from 50, 60, 70 years ago, which tells us that it’s not breaking down the way that [we] once thought it should,” University of California Santa Barbara scientist David Valentine, PhD, told the Los Angeles Times. “And what we’re seeing now is that there is DDT that has ended up all over the place, not just within this tight little circle on a map that we referred to as Dumpsite Two.” These findings underscore the enormity of legal and regulatory decisions to approve production of hazardous chemicals. While many may believe the legacy of DDT ended with its ban in the early 1970s, the California findings raise a deeper problem not only with U.S. chemical policy, but also the response from well-meaning environmental nonprofits that continues to play out to this day. As many in the environmental community invest tremendous resources in seeking to ban problematic pesticides or chemicals of the day after the contamination has occurred […]

(Beyond Pesticides, February 8, 2022) After nearly a century of use, the U.S. Environmental Protection Agency is officially cancelling the highly toxic wood preservative pentachlorophenol (penta). As one of the most dangerous pesticides ever produced, penta poses unacceptable risks to workers and surrounding communities, which often became superfund sites once manufacturing plants closed. According to the agency, “During the registration review process, EPA found that given the emergence of viable alternatives, the risks pentachlorophenol poses to workers’ health outweigh the benefits of its use.” Health and environmental advocates are pleased with the agency’s long overdue action on penta but remain incredulous that EPA has provided a generous phase-out for the utility and wood preservative industry, allowing use to continue for up to 5 years. Beyond Pesticides has been working to ban pentachlorophenol, creosote, and copper chromated arsenate since its founding in 1981. (See history of Beyond Pesticides’ work and litigation.) EPA’s statement on alternatives and workers’ health is a telling example for the public regarding the way in which the agency consistently places economic decisions above American’s safety. EPA has long known about the dangers penta poses to health, particularly the health of workers in penta production or treatment plants. […]

(Beyond Pesticides, July 30, 2021) Bayer (Monsanto), the maker of the deadly herbicide glyphosate/Roundup, after hinting in May that it would end the weed killer’s residential uses in the U.S., made it official yesterday. With its announcement to shareholders, Bayer puts an end to residential uses beginning in 2023 and allocates $4.5 billion to cover “the company’s potential long-term exposure” from lawsuits by those harmed by the chemical. At the same time, the company announced it is seeking a U.S. Supreme Court hearing to reverse significant jury verdicts (from $289 million to $2 billion) for individuals who have suffered health damage they tie to glyphosate exposure. Bayer claims that it will argue that federal pesticide law preempts litigation against products that it has registered with the U.S. Environmental Protection (EPA). Similar arguments have been tried before, most notably in Bates v. Dow Agrosciences (2005), and the Supreme Court has found that federal pesticide law does not protect “manufacturers of poisonous substances.” (See more below.) Despite the extensive scientific review (see Pesticide Gateway) of glyphosate/Roundup and a “probable” cancer causing ranking by the World Health Organization/International Agency for Research on Cancer in 2015, Bayer says, “This move is being made exclusively […]

(Beyond Pesticides, March 9, 2021) Last week, the Environmental Protection Agency (EPA) announced an interim decision to cancel of one of the most hazardous pesticides still used in the United States, pentachlorophenol (penta). Although long overdue, health advocates are hailing the agency’s action, taken due to significant risks to human health, the availability of alternatives, and the uncertain future of penta production. Many advocates hope that EPA’s announcement is the start of a pivot to science-based decision-making in the best interest of health and the environment, not the pockets of pesticide industry executives. Cancellation of this toxic chemical will bring  the U.S. into conformance with the Stockholm Convention, an international treaty to ban persistent organic pollutants (POPs) joined by over 150 countries that was never ratified by the U.S. “This has been a long time coming,” said Jay Feldman, executive director of Beyond Pesticides. “After decades of scientific reports, lawsuits, regulatory comments, and an international ban, we’re glad EPA finally acknowledged the intrinsic dangers posed by continuing penta’s registration. We urge the agency expedite its slow cancellation timeline so that we can finally eliminate this unnecessary pollutant.” Produced for its ability to preserve wood through pressure treatment, penta has been […]

(Beyond Pesticides, September 8, 2020) Canada should be in accordance with international treaty to eliminate persistent pollutants.  Canada is considering the elimination of one of the worst persistent pollutants—pentachlorophenol (penta)—that dot our landscape in utility poles and railroad ties. This wood preservative—a cancer-causing chemical with dioxin, furans, and hexachlorobenzene that causes health and environmental degradation—has no place in society as we struggle with shared global challenges of public and worker health threats, the climate crisis, and biodiversity decline. We have a chance to urge Canada to move ahead with a pentachlorophenol ban, joining with Mexico to show leadership in the protection of health and the environment—something the U.S. has not done. Tell Canada to ban pentachlorophenol. Canada’s Pest Management Regulatory Agency (PMRA) is accepting comments on a proposal to ban the all uses of penta in Canada. Comments are due September 13. Canada is a signatory to the Stockholm Convention on Persistent Organic Pollutants, which voted 90-2 to ban penta in 2015. The United States is not a signatory to the Stockholm Convention and still allows the use of penta on utility poles and other “wood that is subject to decay or insect infestation, including supporting structures in contact with […]

UPDATE: The same day Beyond Pesticides published this piece, Gulbrandsen Chemicals announced it would drop its effort to produce pentachlorophenol in Orangeburg, SC, according to The State newspaper. (Beyond Pesticides, March 10, 2020) Orangeburg, South Carolina may be the last place in the world to produce one of the most toxic pesticides known to humanity, pentachlorphenol. Despite a global ban on “penta” in 2016, in force in 186 countries, the United States has continued to import and use this hazardous wood preservative on telephone poles and railroad ties throughout the country. Now, with Mexico set to close one of the last production plants in the world, Gulbrandsen Chemicals Inc. wants to make Orangeburg, a majority black community with a population three times the U.S. poverty rate, the new epicenter for penta manufacturing. Overview and History Penta is used to pressure treat wood, with the aim of prolonging its use in utility poles and railroad ties. Beyond Pesticides has sounded the alarm on penta and other wood preservatives for over 20 years, starting with the reports Pole Pollution and Poison Poles, which outlined the science on the hazards and and alternatives to preservative-coated utility poles. Penta is a particularly concerning wood […]

(Beyond Pesticides, September 14, 2018) A lawsuit first filed nearly a decade ago over dioxin contamination released from the storage of chemical treated utility poles was settled this week in U.S. District Court in San Francisco. Judge Richard Seeborg signed the agreement between California utility company Pacific Gas & Electric (PG&E) and the Ecological Rights Foundation (ERF), which commits PG&E to identifying storage yards holding treated poles, and implementing technologies that reduce dioxin levels through the year 2026. The utility poles of concern were treated with the chemical pentachlorophenol, which is regulated as a pesticide by the U.S. Environmental Protection Agency (EPA), and is known to produce dioxin as a byproduct of its manufacture. “Dioxins are among the most toxic chemicals known to science,” noted ERF attorney Fredric Evenson to KPIX 5.  “This has been a hard-fought legal battle, but in the end PG&E now appears to understand that dioxin has no business in our bay, and will now take meaningful action to benefit San Francisco Bay’s wildlife and residents who eat locally caught seafood.” As part of the settlement, PG&E is not required to admit any wrongdoing. “Because environmental stewardship is a guiding principle at PG&E, we are pleased […]

(Beyond Pesticides, March 3, 2016) Last month, U.S. District Court Judge Arthur Spatt declared a dangerous wood preservative label ordinance unconstitutional, ending a three year battle between a New York town and Public Service Enterprise Group (PESG). In 2014, under the authority of the Long Island Power Authority (LIPA), PESG installed thousands of hurricane-resistant utility poles containing the hazardous wood preservative pentachlorophenol (PCP or penta). The U.S. Environmental Protection Agency (EPA) defines pentachlorophenol as “extremely toxic” to humans even from short-term exposure and is listed as a “probable human carcinogen.” Judge Spatt cited the First Amendment doctrine of commercial speech, stating that, “In order to qualify as commercial speech, the message sought to be regulated must necessarily bear some discernible connection to the commercial interests of the speaker.” Because the utility poles are not intended to be sold to the public nor influence consumer behavior, PESG is not required to post “compelled warning signs” on their dangerous utility poles. In 2014, the Town of North Hempstead on Long Island New York passed a law requiring warning labels on the utility poles that are treated with PCP. At a town board meeting on September 9, a vote of 7-0 mandated the […]

(Beyond Pesticides, May 18, 2015) Delegates from more than 90 countries took the unprecedented step of voting last week for a global ban on  pentachlorophenol (penta) — a proven toxic pesticide and contaminant found  in wildlife and human biomonitoring studies worldwide. The historic vote came at the combined meetings of the Basel, Rotterdam, and Stockholm Conventions — which usually make decisions by consensus — after India repeatedly blocked action. The U.S. is not a signatory to the Stockholm Convention, which provides the framework to moving persistent organic pollutants out of commerce. During the meeting, India surprisingly rejected the findings of the Stockholm Convention’s own scientific expert committee in which it participated. Switzerland triggered the voting procedure — the first in the history of the convention. Ninety-four countries voted in favor of  global prohibition of pentachlorophenol; two opposed; and eight countries abstained. “We commend the global community for this important decision which will help ensure that the Indigenous Peoples of the Arctic and the traditional foods on which they depend are protected  against toxic pentachlorophenol,” said Pamela Miller of Alaska Community Action on Toxics. The delegates of the Stockholm Convention also supported international bans on two other  industrial chemicals that harm […]

(Beyond Pesticides, March 10, 2015) U.S. Senator Charles E. Schumer (D-NY) yesterday called on the U.S. Environmental Protection Agency (EPA) yesterday to immediately investigate the specific use of pentachlorophenol  (penta or PCP), a toxic wood preservative, to treat  utility poles throughout Long Island and urged  Public Service Electric and Gas (PSEG) Long Island to immediately suspend further use of this chemical until a  federal review  is complete. PSEG has been installing new, chemically-treated utility poles throughout the Towns of North Hempstead and East Hampton. In his press  release, Senator Schumer expresses  serious concern about penta’s  health risks to utility workers, adults and children and its ability to  move  into water over the long-term as the chemical leaches from the poles. The Senator also notes that a private firm has conducted a study based on a very limited sample size that does not consider long-term risks as the pole decomposes and further leaches toward groundwater. EPA, which is responsible for evaluating penta’s health and environmental risk, has noted public health concerns related to the chemical when ingested or inhaled, including  neurological, respiratory, kidney and immune system effects. On Long Island, 95,000 of PSEG’s 324,000 utility poles have been treated with penta. […]

(Beyond Pesticides, January 21, 2015) Public Service Enterprise Group Incorporated (PSEG) Long Island and Long Island Power Authority (LIPA) filed suit against the Town of North Hempstead, New York on Thursday, seeking to impede a 2014 ordinance requiring utility companies to post warning signs on utility poles treated with the hazardous chemical pentachlorophenol (PCP).  The chemical has been listed as a possible carcinogen, is typically contaminated with various forms of dioxins and furans —known carcinogens that persist in the environment. The ordinance, passed in fall 2014, requires warning labels on utility poles  that are treated with the hazardous wood preservative  PCP. The warning states:  “This pole contains a hazardous chemical. Avoid prolonged direct contact with this pole. Wash hands or other exposed areas thoroughly if contact is made.”  PCP is highly toxic and has been listed as a possible carcinogen by national and international agencies. Concerns  have been raised throughout the years over the U.S. Environmental Protection Agency’s (EPA) continued registration of PCP in the U.S. despite having been banned in all European Union member states, China, India, New Zealand, Indonesia, and Russia. The suit, filed in the U.S. District Court in Central Islip, asserts that the law violates the […]

(Beyond Pesticides, November 4, 2014) Last week, a United Nations committee of experts recommended the global elimination of the pesticide pentachlorophenol (PCP), widely used in the United States and elsewhere for treatment of wooden utility poles and railroad ties. Scientists cite chemical’s persistence, bioaccumulation, long-range transport, and PCP’s toxic impacts in recommending it being listed in  the Stockholm Convention on Persistent Organic Pollutants, an  international treaty established to safeguard human and environmental health from highly hazardous chemicals. The committee further noted the wide availability of non-chemical alternatives much safer than PCP, which include steel, composite,  and concrete poles, as well as the burying of power lines. “This is the beginning of the end of pentachlorophenol,” said Pam Miller, executive director of Alaska Community Action on Toxics. “Pentachlorophenol has global health implications since it is found in the bodies of people throughout the world including Indigenous Peoples of the Arctic. Now governments and the private sector need to get to work to finally eliminate this toxic chemical.” The United States is not a signatory to the Stockholm Convention, and is, in fact, the largest producer and user of PCP in the world. U.S. government agencies have sent mixed messages during  the […]

(Beyond Pesticides, October 24, 2014) The U.S. government is opposing international efforts    under the Stockholm Convention on Persistent Organic Pollutants, supported by  countries worldwide, to halt the global use of the toxic chemical wood preservative, pentachlorophenol  (PCP), which is widely used in the U.S. to treat wood utility poles. U.S. government officials are out of step with countries around the world and domestically with  a bipartisan group of New York state lawmakers  seeking a state ban. Meanwhile, a group of Long Island residents is charging in a lawsuit  that hundreds of new PCP-treated utility poles are causing serious injury to health and property values. This month, the U.S. Department of Health and Human Services added PCP to its carcinogen list, saying that PCP is “reasonably anticipated to cause cancer.” The U.S. is the largest producer and user of PCP in the world. A meeting of a Stockholm Convention committee in Rome this week  is  recommending a global ban on PCP. The  Convention is an  international treaty established to control highly hazardous chemicals. While most countries engaged in the process approve of the ban, the U.S. has consistently opposed it. “Cancer-causing chemicals should not be leaking from utility poles into […]

(Beyond Pesticides, October 9, 2014) The U.S. Department of Health and Human Services (DHHS) released its 13th Report on Carcinogens, a science-based document that identifies chemical, biological, and physical agents that are considered cancer hazards for people living in the United States. While four substances were added, bringing the total list to 243, it is the addition of pentacholophenol (PCP) and its by-products that should raise eyebrows across the United States and perhaps even raise hopes of those fighting against the use of this dangerous chemical that it might be on its way out. Added to the DHHS list as a substance “reasonably anticipated to be a human carcinogen,” PCP is primarily used as a wood preservative in such items as utility poles, railroad ties, and fence posts. An organocholrine compound, the substances was first developed and used as a pesticide. Byproducts of PCP include dioxins. The reasons for the inclusion on the HHS list include findings that exposure to this mixture was associated with an increased risk of non-Hodgkin lymphoma in studies in humans and caused tumors in the liver and other organs in mice. The addition of PCP to the DHHS’s list comes as little surprise, after decades […]

(Beyond Pesticides, September 24, 2014) New York Assemblyman Fred W. Thiele, Jr. and State Senator Kenneth LaValle have introduced legislation that will  prohibit the future use of utility poles treated with pentachlorophenol (PCP), and call for the posting of warnings to inform people about the dangers of contact with PCP on existing poles. PCP has been listed as a possible carcinogen, is typically contaminated with various forms of dioxins and furans -known carcinogens that persist in the environment. Just last week, Beyond Pesticides reported that the Town of North Hempstead on Long Island, New York passed a new law requiring warning labels on utility poles that are treated with the hazardous wood preservative  pentachlorophenol  (PCP). Labeling for treated poles are now required to have the following warning: “This pole contains a hazardous chemical. Avoid prolonged direct contact with this pole. Wash hands or other exposed areas thoroughly if contact is made.” PCP is highly toxic and has been listed as a possible carcinogen by national and international agencies. Concerns have been raised throughout the years over the U.S. Environmental Protection Agency’s (EPA) continued registration of PCP in the U.S. even though it has already been banned in all European Union […]

(Beyond Pesticides, September 15, 2014) The Town of North Hempstead on Long Island, New York has passed a new law requiring warning labels on the utility poles that are treated with the hazardous wood preservative, pentachlorophenol  (PCP). At the town board meeting on September 9, a vote of 7-0 mandated the labeling with the following warning: “This pole contains a hazardous chemical. Avoid prolonged direct contact with this pole. Wash hands or other exposed areas thoroughly if contact is made.” Since the Long Island Power Authority (LIPA), operated by Public Service Enterprise Group (PSEG), installed thousands of new hurricane-resistant utility poles that are thicker and taller, it shed  more light on the community hazards  associated with use of pentachlorophenol. Of the 324,000 utility poles on Long Island, about 95,000 have been treated with PCP. Even though there is a prohibition  of PCP for residential uses within the U.S., it still can be used on utility poles, railroad ties and other industrial uses under  federal law. The U.S. Environmental Protection Agency (EPA) defines pentachlorophenol as “extremely toxic” to humans even from short-term exposure and is listed as a “probable human carcinogen.” The inhalation or ingestion can lead to cancer, Hodgkin’s disease, […]

(Beyond Pesticides, September 21, 2009) In a federal lawsuit filed in San Francisco earlier this month, the environmental watchdog group Ecological Rights Foundation (ERF) claims that dioxin is being discharged from Pacific Gas and Electric Company’s (PG&E) utility poles into the San Francisco Bay, violating both the Clean Water Act and the Resource Conservation and Recovery Act. Dioxin is a contaminant in the wood preservative pesticide pentachlorophenol (penta), the chemical used to treat more than one million PG&E utility poles in Northern California. Dioxin is a known human carcinogen. It also causes birth defects at extremely low levels. The ERF suit asks the court to stop PG&E from discharging dioxin from its utility poles, a move that could eventually lead to wide scale replacement of the ubiquitous penta-treated wood poles. “These are the common, I guess you could say ‘classic,’ brown wood poles you see holding up wires on practically every street,” says ERF attorney Bill Verick. Pentachlorophenol (penta) is a chlorinated aromatic hydrocarbon, closely related to other chlorophenols, hexachlorobenzene, polychlorinated dibenzo-p-dioxins and furans, all of which are found in commercial grade penta, along with secret “inert” ingredients. It was 1978 when EPA began its review of wood preservatives, including […]

(Beyond Pesticides, February 23, 2009) Permethrin and lindane metabolites are found in children who use lice shampoos containing the insecticides, according to researchers affiliated with the Centers for Disease Control and Prevention. The study, “Pesticide exposure resulting from treatment of lice infestations in school-aged children in Georgia,” published in the February issue of the journal Environment International, is the first to measure children’s exposure to chemical lice treatments. The researchers collected baseline urine samples from 78 enrolled children between the ages of six to ten years of age. About one-third of those children were diagnosed with head lice and subsequently treated with at least one over-the-counter permethrin lice treatment, a prescription lindane treatment, or both. Within seven days of the insecticide application, urine samples were again collected. The permethrin exposed children had significantly higher urinary pryrethoid metabolite levels in their post-exposure urine samples. Lindane metabolites were also elevated in urine samples after treatment. Interestingly, the study states, “Exposed participants appeared to have higher pre-exposure metabolite levels — likely from multiple treatments before enrollment — than unexposed participants.” Pentachlorophenol, a metabolite of lindane, was significantly higher in the urine of those children who used a lice treatment regardless of whether it […]

(Beyond Pesticides, May 29, 2008) A study published in the May issue of Environmental Health Perspectives shows a link between prenatal exposure to the pesticide DDT and poor attention-related skills in early infancy. This study follows in a long line of recent studies associated with the negative health effects of DDT including: diabetes; non-Hodgkin lymphoma; breast cancer; and autism. Despite the fact that DDT was banned in the U.S. in 1972, concentrations of this toxic chemical’s major metabolite, DDE, have remained alarmingly high in many ecosystems, including the waters of Los Angeles County, the arctic, and even U.S. national parks. All studies documenting the health effects of DDT and chemicals in the same family, organochlorines, are particularly important not just for understanding the lingering effects of DDT from days past, but because many countries continue to employ DDT as a method in controlling mosquitoes that transmit malaria, despite its toxicity, weakening efficacy, and availability of safer alternatives. Other organochlorines are still registered for use in the U.S.The study looked at 788 mother-infant pairs who met several criteria, which included living in a town adjacent to a Superfund site in New Bedford, Massachusetts, a location with known organochlorine contamination. Cord blood […]