28
Jan
Take Action: Help Close the “Emergency†Pesticide Use Loophole
(Beyond Pesticides, January 28, 2019) A September 2018 report from the Office Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA) identified issues important to protecting health and the environment. The EPA’s response to the report left many of these problems unresolved.
Measures and Management Controls Needed to Improve EPA’s Pesticide Emergency Exemption Process (Report No. 18-P-0281, September 25, 2018), finds that the agency’s practice of routinely granting “emergency†approval for pesticides through its Section 18 program does not effectively measure risks to human health or the environment.
Under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA has the authority to approve the temporary emergency use of unapproved pesticides if the agency determines the pesticide is needed to prevent the spread of an unexpected outbreak of crop-damaging insects, for example. But this provision has been widely abused.
The inspector general recommends EPA “develop and implement applicable outcome-based performance measures to demonstrate the human health and environmental effects of the EPA’s emergency exemption decisions.â€
EPA disagreed and said, [T]he development of an outcome-based performance measure for the Section 18 emergency exemption process was neither appropriate nor feasible.†EPA’s response demonstrates that the current Section 18 program, which allows chronic overuse of emergency exemptions, is neither appropriate nor adequately protective of public health.
OIG’s report finds “significant deficiencies in the OPP’s [Office of Pesticide Programs] online database management, in its draft Section 18 emergency exemption standard operating procedure and application checklist, and in its reports to Congress and the Office of Management and Budget.†Specifically, the report notes EPA “does not have outcome measures in place to determine how well the emergency exemption process maintains human health and environmental safeguards. The program office also does not have comprehensive internal controls to manage the emergency exemption data it collects,†and “OPP does not consistently communicate emergency exemption information with its stakeholders.â€
Beyond Pesticides has firmly opposed the current use of Section 18. Through the Section 18, or emergency exemption program, EPA allows the use of pesticides that are not registered for a particular crop, or in some cases not registered for use at all, but making progress toward registration. EPA can set tolerances for affected crops that are time-limited, usually for the season in which they are allowed or sometimes longer. For example, in March 2017 EPA announced it is allowing residues of antibiotics in Florida orange juice, after approving an emergency exemption for the antibiotics streptomycin and oxytetracycline –allowing their use for a bacterial disease, citrus greening (Candidatus Liberibacter asiaticus (CLas) bacterium that causes Huanglongbing), in Florida citrus crops through December of 2019, and further exacerbating bacterial resistance. Organic citrus growers use cultural practices, soil fertility focused on soil biology, and biological controls to manage the disease.
Beyond Pesticides has found a growing number of requests for Section 18 emergency exemptions from states over the last ten years for the use of pesticides to control various resistant weed and insect pests that do not meet the criteria for “non-routine†or “emergency†conditions set forth in FIFRA, and/or whose pesticide use would pose elevated risks to the environment. Additionally, a number of requests and subsequent, almost annual, issuance of Section 18 exemptions essentially replace one Section 18 exemption with another. Continuous exemptions for the same or similar pest problem over a number of years indicates that the case is not “non-routine†and undermines the intent of the program, which is to provide temporary relief from unforeseen problems.
A Center for Biological Diversity report finds as of 2017, EPA had granted 78 “emergency†exemptions for sulfoxaflor, a pesticide that the EPA itself concluded is highly toxic to bees. EPA has approved emergency exemptions to allow sulfoxaflor use on more than 17.5 million acres of U.S. cotton and sorghum farms – use sites where the pesticide is not currently registered. Other exemptions are given to states to combat herbicide-resistant weeds, which have proliferated across the U.S. over the last decade and should not be considered an “emergency†situation; resistance is a predictable consequence of pesticide use.
Reoccurring problems like weed resistance to herbicides should be a wake-up call for farmers and EPA to reevaluate and implement alternative biological and cultural management practices for the long-term prevention of diseases, ending the reliance on the “chemical fix†that will exacerbate the problem when pest resistance to the chemical inevitably occurs.
Letter to Congress
When the Office Inspector General (OIG) of the U.S. Environmental Protection Agency issued its report in September, 2018 on emergency pesticide uses, the agency’s response left unresolved many issues important to the protection of health and the environment. The report, Measures and Management Controls Needed to Improve EPA’s Pesticide Emergency Exemption Process (Report No. 18-P-0281, September 25, 2018), concludes that the agency’s practice of routinely granting approval through its Section 18 emergency exemption program for pesticide use does not effectively measure risks to human health or the environment. Under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA has the authority to approve the temporary emergency use of unapproved pesticides if the agency determines the pesticide is needed to prevent the spread of an unexpected non-routine outbreak of crop-damaging insects, for example.
 The Inspector General recommends that EPA “develop and implement applicable outcome-based performance measures to demonstrate the human health and environmental effects of the EPA’s emergency exemption decisions.†EPA disagreed and said, “[T]he development of an outcome-based performance measure for the Section 18 emergency exemption process was neither appropriate nor feasible.†EPA’s response demonstrates that the current Section 18 program, which allows chronic overuse of emergency exemptions, is neither appropriate nor adequately protective of public health.
 OIG’s report finds “significant deficiencies in the OPP’s [Office of Pesticide Programs] online database management, in its draft Section 18 emergency exemption standard operating procedure and application checklist, and in its reports to Congress and the Office of Management and Budget.†Specifically, the report notes EPA “does not have outcome measures in place to determine how well the emergency exemption process maintains human health and environmental safeguards. The program office also does not have comprehensive internal controls to manage the emergency exemption data it collects,†and “OPP does not consistently communicate emergency exemption information with its stakeholders.â€
 The â€emergency†use of unregistered pesticides under the current EPA program threatens public health and the environment. Please urge the EPA Administrator to comply with all the OIG recommendations immediately.
Thank you for your consideration of this request.
Sincerely









(Beyond Pesticides, January 25, 2019) The partial government shutdown–now in its second month–is disrupting federal oversight of food safety for various pathogens and pesticides. Labs are shuttered, many government agency employees are furloughed, and those still working are doing so without pay. The ongoing obstruction to government assessment of the food supply puts U.S. consumers at risk.
(Beyond Pesticides, January 24, 2019) A
(Beyond Pesticides, January, 23, 2019) Individuals that have been acutely poisoned by pesticides at some time in their life may be more likely to lose their sense of smell, according to a
(Beyond Pesticides, January 22, 2019) Earlier this month, U.S. Representative Nydia Velásquez (D-NY) introduced The Ban Toxic Pesticides Act, H.R.230 which bans the insecticide chlorpyrifos from commerce.
(Beyond Pesticides, January 18, 2019)Â
(Beyond Pesticides, January 17, 2019) Although the rusty patched bumblebee was placed on the endangered species list in 2017, the Trump Administration has failed to put in place legally required safeguards for the species. As a result, the Natural Resources Defense Council (NRDC) is suing the Administration’s Department of the Interior (DOI) for failing to designate locations where additional protections could help restore the endangered bumblebee’s population. Advocates say DOI’s failure to comply with requirements under the Endangered Species Act (ESA) is consistent with the Trump Administration’s
(Beyond Pesticides, January 16, 2019) Preliminary counts in California indicate the western monarch butterfly population dropped 86% from 2017 to 2018. The survey is a result of an
(Beyond Pesticides, January 14, 2019)Â Â
(Beyond Pesticides, January 14, 2019)Â Tell Congress to stop the Trump administration from opening the floodgates to permit widespread use of antibiotics in citrus production (grapefruits, oranges and tangerines).
(Beyond Pesticides, January 11, 2019) Plans to weaken farmworker protections from toxic pesticides were dropped by Acting U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler, according to an undated letter sent to Senator Tom Carper (D-DE) late last year. Reports indicate the action was part of a deal cut by both parties that permitted confirmation of
(Beyond Pesticides, January 9, 2019) It is news to approximately no one that pollinators are in trouble worldwide. A series of papers by biologists at the University of Guelph, Ontario, posits that pesticide regulations aimed at protection of honey bees fall far short of the critical task of protecting the multitude of bee species that are important pollinators of human food crops. These recent papers arose from 2017 workshops that involved 40 bee researchers from various universities, and representatives from Canadian, U.S., and European regulatory agencies, and from the agrochemical industry.
(Beyond Pesticides, January 8, 2019) At the end of December, the U.S. Department of Agriculture (USDA) finalized

(Beyond Pesticides, January 7, 2019)Â As the dust settles on the final Farm Bill, which passed the U.S. Senate and House of Representatives last month, it is clear that neither the substance nor the process on a range of issues meet the urgent need to address key sustainability issues that put the future in peril.
(Beyond Pesticides, January 4, 2019)Â First, the good news: plaintiffs in a
(Beyond Pesticides, January 3, 2019) Bee-toxic pesticides
(Beyond Pesticides, January 2, 2019) The “indoor microbiome†of yoga studios and other athletic facilities often contain significant levels of antibacterial chemicals like
(Beyond Pesticides, December 21-31, 2018)  As we look ahead to the new year, we wish you good health, extend our appreciation for your being a part of the Beyond Pesticides network, and ask you to consider a contribution to Beyond Pesticides. Your support is critical to our program and deeply appreciated.
(Beyond Pesticides, December 21, 2019)
(Beyond Pesticides, December 20, 2018) Using low doses of the herbicide paraquat and common proteins found in food called lectins, researchers were able to recreate the symptoms of Parkinson’s disease in rats. Results of this study,
(Beyond Pesticides, December 19, 2018)Â As the dust still settles on the final Farm Bill, which passed the U.S. Senate and House of Representatives last week, it is clear that neither the substance nor the process on a range of issues meet the urgent need to address key sustainability issues that put the future in peril.
(Beyond Pesticides, December 18, 2018) The ingredients not listed on a pesticide product are not fully reviewed for their adverse effects may be the most toxic chemicals in the formulation. Recent research, Toxicity of formulants and heavy metals in glyphosate-based herbicides and other pesticides (Toxicology Reports 5, 2018), by Defarge, de Vendômois, and Séralini demonstrates the need to disclose and test all ingredients in pesticide products, as well as the full formulation that includes “inert†or nondisclosed ingredients. While glyphosate/Roundup is obviously not allowed to be used in organic production, this research reaffirms the need to evaluate full formulations of substances allowed for use in organic.
