Working Group on Pesticides in the Chesapeake Waterways

Transcription

1 Perspective on Policy Strengths and Weaknesses Working Group on Pesticides in the Chesapeake Waterways Maryland Pesticide Network Johns Hopkins Center for a Livable Future Reisterstown MD Jay Feldman Beyond Pesticides May 14, 2007

2 What s In A Pesticides? Active Ingredients are by nature biologically and chemically active against the target pest, be it an insect or fungus. By definition, these materials kill living things. Ine rt Ingr edient s are often as toxic as the active ingredient, although the law defines these materials as secret business information. Inerts, often petrochemicals, like benzene, toluene or xylene, generally make up the largest percentage of a pesticide formulation. Inerts are the solution, dust, or granule in which the active ingredient is mixed. Inerts generally make up the majority of the pesticide product formulation. Cont am inant s and imp uri ties are often a part of the pesticide product and are responsible for the product hazards. Dioxins are contaminants in pentachlorophenol, created as a function of the production process. Metab olit es, often more hazardous than the active ingredients, are breakdown products which form when the pesticide mixes with air, water, soil or living organisms.

3 Health Impacts

4 30 C ommo nl y Used Law n 19 are likely,sprobable or Chemical possible carcinogens 13 are linked to birth defects 21 are reproductive toxicants 26 cause kidney or liver damage 27 are sensitizers/irritants

5 Environmental Impacts

6 30 Co mmonly Use d La wn Ch emicals 17 are groundwater contaminants 23 can leach through soil 16 are toxic to birds 24 are toxic to fish and other aquatic life 11 are toxic to bees

7 Environmental Impacts Aquatic microogranisms & plants disrupts foundation for aquatic ecosystems Amphibians global decline, genderbending Fish kills, intersex & other symptoms of endocrine disruption

8 Registration of a Pesticide Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 1972 Unreasonable Adverse Effect Any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. FIFRA, Section 2 (bb)

9 Registration of a Pesticide Food Quality Protection Act (FIFRA), 1996 Reasonable Certainty of No Harm Defined in the legislation s report language as a negligible risk of one in a million people.

10 Risk Assessment

11 Registration of a Pesticide Food Quality Protection Act (FIFRA), 1996 Adds a few good variables to risk assessment: Aggregate risk (food + water + nondietary exposure) Common mechanism of toxicity and cumulative risk Extra margin of safety for children

12 Complexities Not Addressed Mixtures Synergistic effects Inerts, metabolites and contaminants Endocrine disruption Assumes 100% compliance Arbitrary exposure assumptions No monitoring of adverse effects Additional margin of safety sometimes arbitrary Uncertainties/limitation of risk assessment not disclosed on products

13 U.S. Geological Survey Mixtures: Found five or more pesticides in half of all stream samples and two or more in nearly a quarter of groundwater samples. Ubiquitous: At least one pesticide in all streams, over half of shallow wells, and a third of deep wells (aquifers) tested. Food Chain: Organochlor-ines in over 90% of fish tissue samples in agricultural, urban and mixed land uses. Levels of Concern: Currently established aquatic, wildlife and human benchmarks exceeded.

14 Failures of the Regulatory System Only 47 of 83 pesticides detected by USGS have established human benchmarks. Of 76 pesticides analyzed under the National Water Quality Assessment, only 42 (and four degradation chemicals) have set health criteria.

15 Label Restrictions Label Restrictions

16 Label Restrictions

17 Clean Water Act Establishes National Pollution Discharge Elimination System (NPDES) permit process requiring permits for pesticide applications that discharge directly into water. Headwaters v. Talent (2001) Upheld NPDES permitting requirements. (2001) EPA issues regulation eliminating requirement for NPDES permit for pesticide applications. (November 2006)

18 Federal Insecticide, Fungicide an Rodenticide Act (FIFRA) Under FIFRA, EPA does not take into account unique local conditions when regulating risk and designing labels. Direct deposition of pesticides to water occurs even when the pesticide product label is properly followed. The risk assessment process used to register pesticides under FIFRA has acknowledged limitation that create the need for complementary laws.

19 Safe Drinking Water Act Drinking water standards are not set for all pesticides found in water. EPA has established maximum contaminant levels (MCLs) for only 24 pesticides.

20 Maryland Ground Water Quality Source: USGS Fact Sheet FS

21 Conventional chemicalintensive vs. Organic

22 Can anyone believe it is possible to lay down such a barrage of poisons on the surface of the earth without making it unfit for all life? Rachel Carson