(Beyond Pesticides, November 2, 2011) On Monday, a federal judge rejected a lawsuit brought by Dow AgroSciences challenging pesticide application restrictions to protect salmon and upheld the measures recommended by the National Marine Fisheries Service (NMFS) to protect endangered salmon and steelhead from three highly toxic pesticides: chlorpyrifos, diazinon, and malathion. The restrictions, recommended by NMFS’s Biological Opinion in 2008, ban the ground spraying of the three commonly used organophosphate agricultural insecticides within 500 feet of any salmon-bearing waterway, and aerial spraying within 1,000 feet. NMFS has issued four Biological Opinions, the latest on June 2011, which call for several limitations on aerial spraying and ground application of the pesticides near salmon waters, as well as buffer zones around salmon waters and ditches that drain to salmon habitat, among others. EPA was court ordered to consult with NMFS to identify measures needed to protect salmon and steelhead from the pesticides as a result of a 2002 and 2007 lawsuit. Pesticide manufacturers have been willfully ignoring and challenging NMFS’s findings. Dow AgroSciences alleged that NMFS used bad data and modeling and that the proposed buffers are far too large. Earthjustice, representing Northwest Center for Alternatives to Pesticides (NCAP), Pacific Coast Federation […]

(Beyond Pesticides, October 19, 2011) The latest water pollution data from the U.S. Environmental Protection Agency’s (EPA) Region 9 office shows considerable increases of chemical pollution, including pesticides, in California water bodies. According to the report, which gathered monitoring data for 2008-2010, more than half of the state’s water bodies do not meet existing water quality goals and many still need federal pollution control standards. While federal officials maintain that the increases are due to improved monitoring and not new pollution, the data presents a more accurate representation of real world contamination. California’s list of impaired waters, finalized last week, shows significant increases compared with the 2006 list. According to the report, “Of the total 3 million acres of lakes, bays, estuaries and wetlands in the state, 1.6 million acres are not meeting water quality goals and of these 1.4 million acres still needs total maximum daily loads (TMDLs) to be set. Of the total 215,000 miles of rivers, streams and shoreline, 30,000 miles are not meeting water quality goals and of these 20,000 miles still need TMDLs. While more than 50% of the lakes, bays, estuaries and wetlands acres have been assessed, less than 20% of the coastline, rivers […]

(Beyond Pesticides, October 11, 2011) U.S. Senator Pat Roberts (R-Kansas) has offered an amendment to a currency bill in the Senate this week which would strip protections against pesticide contamination from the Clean Water Act (CWA). The language of the amendment is the exact same language as H.R. 872, which is currently working its way through the Senate and which environmental and public health advocates have been fighting against for much of the past year. Urgent action is needed to stop the amendment from successfully being attached to the larger bill, S. 1619. Click here to send an email to your Senators urging them to stand with you in opposing the Roberts amendment, Amendment 720, and ensuring our waterways are kept safe from pesticide contamination. Attaching the bill as an amendment to an entirely unrelated bill represents an attempt to slip the language in unnoticed and get it through without a fight. The language in the amendment, which has already passed through the U.S. House of Representatives as H.R. 872, and was voted out of the Senate Committee on Agriculture, Nutrition, and Forestry as the stand alone bill S. 718 in June, but had since stalled in the Senate, would […]

(Beyond Pesticides, October 7, 2011) Commercial lobster fishers operating in Long Island Sound off the coast of Connecticut have begun to suspect that the mosquito killing chemical methoprene, sprayed by neighboring New York State as part of its West Nile virus (WNv) control program, is contributing to widespread deaths of lobsters in the sound. Believing that a large amount of the chemical flowed into the sound in late summer due to heavy rains from Hurricane Irene, the lobster fishers are asking New York to follow Connecticut’s example and switch its WNv control method to the less toxic bacillus thuringiensis. Late summer declines in the sound’s lobster population have been alarmingly common throughout much of the last decade, devastating fishers and the local economy that depends on them. A number of factors have been blamed, but the lobstering community has increasingly been pointing to mosquito pesticides for several reasons. Methoprene has a tendency to sink to the bottom of the ocean water, where lobsters live and feed. Additionally, lobsters are a distant cousin of mosquitoes, and the methoprene acts on them in much the same way that it does the insects. Finally, the western part of the sound was the hardest […]

(Beyond Pesticides, 9-30-11) Researchers from the University of Rhode Island (URI) have detected the antimicrobial triclosan and other toxic chemicals in the waters of Narragansett Bay off the coast of Rhode Island. The chemicals are a group of hazardous compounds that are common in industrial processes and personal care products but are not typically monitored by the U.S. Environmental Protection Agency (EPA). Rainer Lohmann, Ph.D., associate professor of chemical oceanography, and graduate student Victoria Sacks, with the help of 40 volunteers, tested for the presence of the chemicals in 27 locations throughout the bay. The compounds were found at every site. “Being exposed to these compounds is the hidden cost of our lifestyle,” said Dr. Lohmann. “It’s frustrating that as we ban the use of some chemical compounds, industry is adding new ones that we don’t know are any better.” Although the chemicals were detected at very low levels, research has shown that many chemical compounds can still be quite toxic, even at low doses. Additionally, since triclosan is an antimicrobial agent, low concentrations provide the perfect environment in which to breed and select for bacteria that resist the effects of the chemical. “By themselves, none of these results makes […]

(Beyond Pesticides, September 2, 2011) The widely used herbicide glyphosate, the active ingredient in Roundup, has been detected in significant levels in rain and rivers in agricultural areas across the Mississippi River watershed, according to two new studies released this month by the U.S. Geological Survey (USGS). The studies’ results raise serious concerns about public exposure and potential environmental damages. Detailed results are available in “Occurrence and fate of the herbicide glyphosate and its degradate aminomethylphosphonic acid in the atmosphere,” published in Environmental Toxicology and Chemistry and in “Fate and transport of glyphosate and aminomethylphosphonic acid in surface waters of agricultural basins,” published online in Pest Management Science. Glyphosate is used in almost all agricultural and urban areas of the United States. The greatest glyphosate use is in the Mississippi River basin, where most applications are for weed control on genetically-modified corn, soybeans and cotton. Overall, agricultural use of glyphosate has increased from less than 11,000 tons in 1992 to more than 88,000 tons in 2007. The two studies conducted by USGS examine glyphosate content in air and water samples in the states of Iowa and Mississippi across two growing seasons. The results show that glyphosate is detected 60-100% of […]

(Beyond Pesticides, August 18, 2011) A new report by the Australian government finds that agricultural pesticides are severely damaging the Great Barrier Reef; despite this fact, sugarcane growers have been allowed a six week extension to continue to use the weed killer diuron, which was intially set to be suspended for use on August 13. The Reef Water Quality Protection Plan First Report Card estimates that 28,000 kilograms (or approximately 61,730 pounds) of pesticides enter the reef, which is the world’s largest structure made up of living organisms and a World Heritage natural wonder. The findings in the report corroborate previous research on the health of the Great Barrier Reef. The sugarcane industry claims that the research is based on old data and that there have been significant changes in practices, including cutting back on the use of pesticides. Though the Australian government acknowledges these changes, those improvements have been undermined by Cyclone Yasi. The heavy flooding from Yasi, which ripped through the region earlier this year, likely flushed pollutants out into the reef. According to the industry, the suspension of the use of diuron would drive up the costs for sugarcane growers because there is no viable alternative to […]

(Beyond Pesticides, August 17, 2011) Representatives Edward J. Markey (D-Mass.), top Democrat on the House Natural Resources Committee, and Grace Napolitano (D-Calif.), the Ranking Democrat on the Natural Resources Committee’s Subcommittee on Water and Power, sent a letter to the Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (FWS) urging adoption of new measures to help protect endangered species as the federal government develops rules governing the spraying of pesticides directly into U.S. waters. These new rules would apply to issuance of a Pesticide General Permit (PGP), which would be the first of its kind in the history of the Clean Water Act and would impose limits on the amount of pesticides that enter our streams, rivers, and lakes. The letters were forwarded to EPA and FWS at a time when Congress is doing all it can to strip the Clean Water Act of its power to protect U.S. waterways. The Reducing Regulatory Burdens Act of 2011 or H.R. 872, already passed by the House earlier this year and recently voted out of the Senate Committee on Agriculture, Nutrition, and Forestry, would revoke EPA’s authority to require permits for pesticide discharges into waterways. Click here to send […]

(Beyond Pesticides, August 5, 2011) The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced last week that Dow Chemical Company (Dow) has agreed to pay a $2.5 million civil penalty to settle violations of the Clean Air Act, Clean Water Act and the Resource Conservation and Recovery Act (RCRA) at its chemical manufacturing and research complex in Midland, Michigan. In addition to paying a penalty, Dow will implement a comprehensive program to reduce emissions of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) from leaking equipment, such as valves and pumps. These emissions —known as fugitive emissions because they are not discharged from a stack, but rather leak directly from equipment— are generally controlled through work practices, such as monitoring for and repairing leaks. The settlement requires Dow to implement enhanced work practices, including more frequent leak monitoring, better repair practices, and innovative new work practices designed to prevent leaks. In addition, the enhanced program requires Dow to replace valves with new “low emissions” valves or valve packing material, designed to significantly reduce the likelihood of future leaks of VOCs and HAPs. Past waste disposal practices, fugitive emissions, and incineration at the Midland plant […]

(Beyond Pesticides, July 18, 2011) The U.S. House of Representatives has proposed to strip significant clean water protection from the Federal Water Pollution Control Act, commonly known as the Clean Water Act (CWA). In a vote on Wednesday, July 13, the Republican-controlled chamber passed the Clean Water Cooperative Federalism Act of 2011, H.R. 2018. The act would prevent the U.S. Environmental Protection Agency (EPA) from stepping in to enforce clean water standards when it deemed that a state agency was not effectively enforcing the law. The bill would also prevent EPA from refining its existing water standards to reflect the latest science without first getting approval from a state agency. Supporters of the bill say that EPA has gone too far in its enforcement of water standards at the expense of economic development. Opponents, however, point out that the bill presents the potential for new risks to public health and the environment in allowing states to issue subpar water standards and making it more difficult for outdated standards to be revised. The bill passed the House on a largely party-line vote of 239-184. 16 Democrats joined Republicans in support of the measure, while 13 Republicans voted against it. The fate […]

(Beyond Pesticides, July 14, 2011) In its draft Biological Opinion, the National Marine Fisheries Service (NMFS) finds that the issuance of the proposed Pesticides General Permit by the U.S. Environmental Protection Agency (EPA) is likely to jeopardize the continued existence of endangered and threatened species and cause the destruction or modification of critical habitat of the species without the implementation of a reasonable and prudent alternative (RPA). The agency is seeking public comment on the implementation of the proposed RPA and possible alternatives that would avoid the likelihood of jeopardizing the threatened or endangered species. Comments will be accepted until July 25, 2011. Essentially, the proposed Pesticides General Permit grants blanket approval to all pesticide applicators operating near waterways by issuing a single permit which would apply to all such potential applications, and largely removes the opportunity for environmental oversight of specific applications. The findings in this Biological Opinion are particularly relevant in light of current efforts by Congress to strip protections from the Clean Water Act (CWA) by prohibiting discharge permits for pesticides in waterways. Under section 7 of the Endangered Species Act (ESA), federal agencies have an obligation to insure, in consultation with NMFS and the U.S. Fish […]

(Beyond Pesticides, June 23, 2011) The Senate Agriculture Committee has passed legislation that would allow pesticides to be sprayed into water without a Clean Water Act (CWA) on Tuesday, June 21, and urgent action is needed to stop the bill from passing in the full Senate. The bill, Reducing Regulatory Burdens Act of 2011 (H.R. 872) amends the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the CWA, reversing a 2009 court order requiring the permits as a part of the National Pollutant Discharge System (NPDES). The U.S. House of Representatives already passed H.R. 827 by a vote of 292-130 back in April. Beyond Pesticides encourages individuals and organizations email and call their Senators that regulating pesticides under the CWA is necessary to protect our waterways, public health, fish, and wildlife, and therefore, they must oppose H.R. 872. Out of eight committee members who voted, the only ones to oppose the bill were Sen. Patrick Leahy (D-Vt.) and Kirsten Gillibrand (D-N.Y.), who was not present at the markup, but issued a recorded vote. Without press or notice, the bill was marked up private business meetings, and is being heralded by the National Corn Growers Association (NCGA), which states that “The […]

(Beyond Pesticides, May 25, 2011) Legislation, already passed by the U.S. House of Representatives, that would allow pesticides to be sprayed into water without a Clean Water Act (CWA) permit, is now being weighed by the U.S. Senate (S. 718). The Western Farm Press recently reported that Michigan Senator Debbie Stabenow, chair of the Senate Agriculture Committee, is holding up the bill while she discusses it with EPA and USDA. But, the bill is expected to move quickly and the time to act is now. Beyond Pesticides encourages individuals and organizations tell their Senators that regulating pesticides under the CWA is necessary to protect our waterways, public health, fish, and wildlife, and therefore, they must oppose S. 718. Michigan residents: Please call Senator Stabenow, thank her for delaying the legislation and ask her to oppose S. 718. Please call both your district office and Washington, DC. Upper Peninsula Office: (906) 228-8756 Northern Michigan Office: (231) 929-1031 Flint/Saginaw Bay Office: (810) 720-4172 Southeast Michigan Office: (313) 961-4330 Mid-Michigan Office: (517) 203-1760 Western Michigan Office: (616) 975-0052 Washington, DC Office: (202) 224-4822 All other U.S. residents: Please call your U.S. Senators and tell them to oppose S. 718. If you know your […]

(Beyond Pesticides, April 14, 2011) Researchers at the University of South Florida have discovered that the most widely used fungicide in the U.S., chlorothalonil, is lethal to frogs even at low doses. Chemical pollution, according to the researchers, is considered the second greatest threat to aquatic and amphibious species in the U.S. Because many vital systems of amphibians are similar to those in humans, researchers believe that amphibians may be an underused model for studying the impacts of chemicals in the environment on human health and set out to quantify amphibian responses to chlorothalonil. The study, lead by Teagan McMahon, PhD, was published in Environmental Health Perspectives and opens the door for researchers to quantify the effects of the chemical on other species as well as other toxic pesticides on amphibian populations and human health. Researchers looked at Rana sphenocephala (Southern leopard frog) and Osteopilus septentrionalis (Cuban treefrog) in outdoor aquatic mesocosms (experimental water enclosures) with and without the expected environmental concentration as well as twice the amount of chlorothalonil. They also conducted two dose-response experiments on O. septentrionalis, Hyla squirella (squirrel treefrog), H. cinerea (green treefrogs), and R. sphenocephala, evaluating the effects of the fungicide on the stress hormone […]

(Beyond Pesticides, April 12, 2011) Ask your Senators to stand with you in opposing S. 718, the pesticide industry’s latest move in their assault on the Clean Water Act (CWA). Like HR 872 that recently passed the U.S. House of Representatives, the Senate bill would amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the CWA to eliminate provisions requiring pesticide applicators to obtain a permit to allow pesticides or their residues to enter waterways. Take action now. S. 718 – the so-called “Bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to improve the use of certain registered pesticides,” would ensure that CWA permits are not required for the application of pesticides and amends the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by stating that no permit shall be required for the use of a pesticide that is registered under FIFRA. This bill would mean that pesticide applicators will be able to discharge pesticides into US waterways without any government oversight. Should this bill pass in the Senate it would mean final legislation can be signed by the President effectively making it law that EPA cannot uphold the CWA when it comes to protecting U.S. waters from […]

(Beyond Pesticides, April 6, 2011) In yet another move to dismantle Clean Water Act (CWA) regulations regarding pesticides, U.S. Senator Pat Roberts (R-KS), ranking member of the Senate Committee on Agriculture, Nutrition and Forestry introduced legislation (S. 718) aimed to “eliminate a burdensome, costly and redundant permit requirement for applications of pesticides.” Last week a similar bill, H.R. 872, passed in the House which prevents the U.S. Environmental Protection Agency (EPA) from applying the protective CWA permit regulations to monitor pesticides applied to and near U.S. waters. However, EPA has moved forward and published its draft version of the final permit. Like HR 872, S. 718, “Bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to improve the use of certain registered pesticides,” would ensure that Clean Water Act permits are not required for the application of pesticides and amends the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by stating that no permit shall be required for the use of a pesticide that is registered under FIFRA. This bill would mean that pesticide applicators will be able to discharge pesticides into US waterways without any government oversight. Should this bill pass in the Senate it would mean final legislation […]

(Beyond Pesticides, April 04, 2011) After Friday’s vote (April 1, 2011) to weaken protections from pesticides in the Clean Water Act, send a message to your U.S. Representative today. See action steps, as easy as two clicks, at the end of this post. The U.S. House of Representatives passed the Reducing Regulatory Burdens Act (H.R. 872) by a vote of 292-130. The bill, introduced by Rep. Bob Gibbs (R-OH), amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA) to eliminate provisions requiring pesticide applicators to obtain a permit to allow pesticides or their residues to enter waterways. The bill effectively reversed a 2009 Sixth Circuit court decision which ruled that, under FIFRA and CWA, the U.S. Environmental Protection Agency (EPA) must require such permits. Sponsors of the bill said that the clean water requirements are “duplicative regulations” which would “unnecessarily burden” farmers and small businesses. However, the potentially high cost of public health problems, environmental clean-up efforts, and irreversible ecological damage that could result in the removal of this permitting process has not been considered. The reality is that this permitting process forces the pesticide users to seek alternative approaches to pest management if […]

(Beyond Pesticides, March 30, 2011) The Maryland House of Delegates passed the Fertilizer Use Act of 2011 (HB 573) on March 23 to limit ferilizer use on lawns, while a new report published by Environment Maryland Research and Policy Center finds that turf grass management, not agriculture, is the leading cause of fertilizer-based nitrogen runoff that pollutes the Chesapeake Bay. The report recommends an additional 30 percent reduction in nutrient levels in order to achieve a clean, sustainable Bay. The Maryland legislation would set limits on the amount of phosphorus and nitrogen in lawn-fertilizers and prohibit the application of lawn fertilizers within 15 feet of a waterway, when the ground is frozen, or between November 15 and March 1. the Maryland Senate version, SB 487, is now under consideration. Pollution in the Chesapeake Bay – which supports over 3,600 species of plants, fish, and other animals – increases when nutrients wash into its waters from snow and rainfall. And many synthetic lawn fertilizers, including ”˜weed and feed’ products, have an excess of two problematic nutrients, nitrogen and phosphorous. Maryland requires cities and farms to keep a close eye on nutrient runoff in the Chesapeake Bay, but the report, “Urban Fertilizers […]

(Beyond Pesticides, March 18, 2011) As a result of recent court mandated consultations under the Endangered Species Act (ESA) concerning pacific salmon and steel head, the U.S. Environmental Protection Agency (EPA) in a letter to the National Research Council (NRC) is requesting the convening of a committee of independent experts to assist in the review of special scientific and technical issues that have arisen as the agency attempts to stem the impact of pesticides on these endangered species. Citing issues of scientific complexity and high importance, the letter authored by EPA Administrator Lisa Jackson, requests on behalf of the EPA, the Fish and Wildlife Service and the National Marine Fisheries Service (NMFS), a “concerted, closely coordinated effort” to address these issues openly and actively. NRC’s assistance is sought due to the number of complex scientific issues brought to the attention of the agencies as they complete consultations under the ESA concerning the impact of pesticides on endangered salmon and steelhead. Even though calls for EPA to holistically review pesticides have been made by scientists and the environmental community before, EPA is now seeking advice in assessing the effect of pesticides and other Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)-related actions […]

(Beyond Pesticides, March 17, 2011) Urgent action is needed to stop the bill, Reducing Regulatory Burdens Act of 2011 (H.R. 872), from weakening protections under the Clean Water Act (CWA). The U.S. House of Representatives Transportation and Infrastructure Committee approved the bi-partisan bill yesterday, which amends the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the CWA to eliminate provisions requiring pesticide applicators to obtain a permit to allow pesticides or their residues to enter waterways. This bill has also been approved unanimously by the House Committee on Agriculture and will reverse a 2009 court order requiring the permits as a part of the National Pollutant Discharge System (NPDES) if it lands on the President’s desk by April 9, 2011. Take Action Now. The 2009 Sixth Circuit court decision, in response to the National Cotton Council v. EPA, overturned the Bush Administration’s Environmental Protection Agency (EPA) rule exempting commercial pesticide applications from the oversight provided under CWA. The decision requires NPDES permits for pesticide applications directly to or near waterways in order to reduce and eventually eliminate pollutants in the natural environment. Sponsors of the bill say that the clean water requirements are “duplicative regulations” which would “unnecessarily burden” farmers […]

(Beyond Pesticides, March 11, 2011) The U.S. House of Representatives Committee on Agriculture unanimously approved a bill, Reducing Regulatory Burdens Act of 2011 (H.R. 872), on Wednesday, March 9 which would amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA) to eliminate provisions requiring pesticide applicators to obtain a permit to allow pesticides or their residues to enter waterways. The bill would effectively reverse a 2009 Sixth Circuit court decision which ruled that, under FIFRA and the CWA, the U.S. Environmental Protection Agency (EPA) must require such permits. A similar bill was introduced in the U.S. Senate last year. The 2009 court ruling came in the case National Cotton Council v. EPA. Prior to this case, EPA had deemed it unnecessary to require permits for pesticide applications near waterways. These previous regulations meant that, in instances where pesticides were applied directly to water to control pests such as mosquito larvae or aquatic weeds, or when pesticides were applied to control pests over or near water, applications were held to the much less stringent FIFRA standards. FIFRA, unlike the CWA, does not fully regulate or monitor water quality and the protection of aquatic ecosystems in […]

(Beyond Pesticides, February 14, 2011) The Oregon Department of Environmental Quality (DEQ) hosted a public hearing on February 10 on a proposal to give Oregon the nation’s strictest water quality standards. The proposal filed by the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) is currently tied in great measure to human consumption of fish. The change intends to improve water quality by changing the state’s assumption of how much fish people eat. Current rules describe for water clean enough to let each Oregon resident eat 6.5 grams of fish per day, however the new rule would raise that amount to 175 grams per day. According to The World Newspaper, N. Kathryn Brigham, secretary of the Confederated Tribes of the Umatilla Indian Reservation, said that members of her tribe consume 389 grams of fish per day, mostly salmon. The 175-gram proposal resulted from negotiations among the department, tribes, and industries. “The higher fish consumption rate is designed to better protect Oregon’s more sensitive fish consumers,” said Leo Steward, vice-chair of CTUIR board of trustees. “In the past, water quality standards did not protect Indian People. They did not protect our children, our women, our mothers. We must think of the […]

(Beyond Pesticides, January 4, 2011) A report released by the Environmental Working Group (EWG) finds that drinking water in 31 cities across the country is contaminated with hexavalent chromium, or chromium-6, a carcinogenic chemical contaminant with numerous sources including treated wood utility poles that line streets and backyards across the the United States. Wood treated with chromated copper arsenate (CCA), such as playgrounds, decks, and railroad ties, in addition to utility poles, can leach the chemicals into soils and groundwater, creating serious risks to public health. Other common sources of chromium-6 pollution include discharge from steel and pulp mills as well as metal-plating and leather-tanning facilities. It can also pollute water through erosion of natural deposits. The use of CCA in the treatment of utility poles is notable not only because of the presence of poles in numerous communities throughout the country, but also because utility companies often donate or sell decommissioned poles, which are then used by homeowners to line walkways and gardens or create structures around the yard, unknowingly contributing to the proliferation of these toxic substances. Beyond Pesticides has worked on the issue of wood treatments, including CCA, since the mid-1980s and has advocated for the adoption […]