Chem-News August 1990
EPA TO REQUIRE STATE GROUNDWATER MANAGEMENT PLANS
According to an EPA spokesman, all states will have to develop pesticide
management plans before they can use pesticides that EPA poses a threat to
groundwater resources. EPA's long-awaited agricultural chemicals in
groundwater strategy will make submission of pesticide management plans a
requirement rather than an option of states as was proposed by the agency's
1987 draft strategy. The strategy is expected to be completed by the end of
the summer.
All states will be required to submit a management plan for designated
pesticides, even if the state's groundwater resources are not vulnerable to
contamination by that pesticide. A state whose groundwater resources are
vulnerable could set forth in its plans best management practices, wellhead
protection measures, or other mechanisms the state will use to keep the
pesticide out of groundwater supplies. Other states may be able to submit a
simple plan outlining why a designated pesticide would not threaten its
groundwater. EPA will evaluate the adequacy of each state's groundwater
protection plan before farmers will be allowed to use pesticides that threaten
groundwater.
EPA also plans to propose its restricted use rule soon, according to an
agency spokesperson. The rule would restrict pesticides that pose a threat to
applicators or to groundwater. Once the rule is proposed, the agency will
propose about 25 chemicals for restricted use.
Chemical Regulation Reporter, June 29, 1990, and Chemically Speaking,
Norm Nesheim, Florida Cooperative Extension
NEW YORK CENTER FOR AGRICULTURAL MEDICINE AND HEALTH ANNOUNCES A SYMPOSIUM ON
AGRICHEMICALS
Agrichemicals, one of the most controversial subjects in agriculture
today, will be the subject of a day long symposium sponsored by The New York
Center for Agricultural Medicine and Health, Cooperstown, New York. The
symposium will address the use and health effects of agrichemicals.
"Agrichemicals: The Present Dilemma" will be held on Friday, October 12,
1990 from 8:30 a.m. to 5:00 p.m. at The Desmond Americana Hotel in Albany, New
York. The symposium is being designed to appeal to a varied audience
including farmers and those who interact with farmers such as physicians,
nurses, veterinarians and educators.
Topics to be addressed include: a historical review of the growth and
use of agrichemicals; current use of agrichemicals in the Northeast along with
what chemical properties are of concern to us; acute toxicity problems
associated with the use of agrichemicals; summary of physicians' reporting
requirements for pesticide exposure; and chronic toxicological problems
associated with the use of agrichemicals.
To receive more information about the symposium, please contact Judy
Dennis or Elena Lochmatow at 607-547-6023 or toll free at 1-800-343-7527.
William G. Smith, Chemicals-Pesticides Program
REMAND DECISION, FINAL ORDER ISSUED FOR DIAZINON
On March 29, 1988, EPA cancelled registrations for the pesticide diazinon
unless they were amended to prohibit use on golf courses and sod farms.
Applying Section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide
Act ("FIFRA"), 7 U.S.C. Section 136d(b), EPA determined that diazinon use on
golf courses and sod farms poses an unreasonable risk to birds. On petition
for review, the United States Court of Appeals for the Fifth Circuit set aside
that order and remanded the case to EPA for a determination of whether these
uses cause an unreasonable risk "commonly" or "with considerable frequency."
Today's decision responds to that remand. For the reasons set forth below,
diazinon use on golf courses and sod farms causes an unreasonable risk to
birds commonly and with considerable frequency. Moreover, the record fails to
show that regulatory alternatives short of cancellation would reduce risk to
reasonable levels.
The final order issued by EPA for diazinon use on golf courses and sod
farms follows:
1. The registrations at issue in this proceeding are hereby cancelled,
unless they are already amended as described below or unless the registrant
submits a timely application to amend the registration to prohibit use on golf
courses and sod farms. To be timely, an application must be submitted within
30 days of receipt of this Order or its publication in the Federal Register,
whichever is later. the application shall propose to amend the registration
of the product to include the following statement on top of the front panel of
the label (or on supplemental labeling):
This product must not be used on golf courses and sod farms.
2. The Assistant Administrator for Pesticides and Toxic Substances may
require or disallow such other language as she considers appropriate. She is
directed to monitor efforts to comply with this Order and, if appropriate, to
suggest modifications relating to the treatment of existing stocks.
3. Distribution and sale of any diazinon product at issue in this
proceeding is prohibited unless the product bears a new label (or supplemental
labeling) approved by the Assistant Administrator for Pesticides and Toxic
Substances.
4. Use of diazinon products on golf courses or sod farms is prohibited.
5. Any pending applications for diazinon products for use on golf
courses and sod farms are hereby denied.
6. This Order applies to all diazinon products covered by the Notice of
Intent to Cancel, 51 Fed. Reg. 35034 (October 1, 1986), as amended by 52 Fed.
Reg. 5656 (February 25, 1987).
7. This Order shall become effective at the date and time it is filed
with the Hearing Clerk.
Dated: July 12, 1990, William K. Reilly, Administrator
Federal Register, Vol. 55, No. 147, 7/31/90
UPDATE ON CARBOFURAN
A carbofuran decision has been pushed back until the spring of 1991
because benefits/use data are inadequate. According to an EPA staffer, the
agency will be trying new methodologies to assess benefits since the courts
have been critical of EPA benefits analyses. Carbofuran, which has been
undergoing a special review since early 1989, principally because of avian
mortality, is produced by FMC Agricultural Chemical Co.
P&TCN 7/25/90
PUBLIC BELIEVES FARMERS ARE REDUCING CHEMICAL USAGE, SURVEY FINDS
A nationwide opinion survey commissioned by the American Farm Bureau
Federation (AFBF) found that 79% of the public believes farmers are adopting
new methods to reduce use of agricultural chemicals. The same percentage
wants this reduction trend to continue or approves of chemical use at current
levels, AFBF officials told a Washington news conference on July 18.
"We found that the public is reasonable on food safety issues; only 21%
say they want to ban chemicals in agriculture," commented AFBF President Dean
Kleckner, calling most results from the survey of 1,000 adults by Market
Facts, Inc. "encouraging."
On the other hand, 73% of respondents believe that farmers "use more
chemicals than are necessary to achieve higher profits," Kleckner continued,
adding: "This apparent contradiction, we believe, is due to the fact that the
public has heard about the progress farmers are making. At the same time, the
public is susceptible to negative suggestions. If you ask people whether
something is wrong, they tend to say yes."
The Farm Bureau also found misconceptions about farmers that it called
"disturbing." Noting that 56% of respondents believe that few farmers receive
extensive training and education in chemical use, Kleckner said the public
"isn't aware of the training and certification programs conducted by land
grant universities."
In related AFBS findings, 75% of respondents said it is "very important"
for government to strengthen training programs for agricultural chemical use,
and 78% said it is very important for farmers to support research that leads
to reduced use of chemicals.
P&TN 7/25/90
CRAYFISH TOLERANCE SET FOR RESIDUES OF FLURIDONE
A tolerance was set for residues of fluridone of 0.5 ppm in crayfish, as
was petitioned by Elanco Products. Noting that a two-year mouse study
indicated increased incidences of skin fibrosarcomas in females at 49
mg/kg/day (the highest dose tested) EPA said its "weight-of-the-evidence
review of all relevant data . . . concluded that fluridone is in group E -- no
evidence of carcinogenicity in humans."
P&TN 7/25/90
EPA BANS ALL USES OF COMPOUND 1080 EXCEPT FOR TOXIC COLLARS
EPA this week took steps to ban virtually all uses of Compound 1080
(sodium fluoroacetate) when it denied registration applications from
California and Colorado for rodent control, noting that the substance was
acutely toxic to non-targeted mammals and birds and posed a threat to
endangered species. EPA, however, left standing the registration for predator
control uses of Compound 1080 for "toxic" livestock protection collars.
P&TN 7/25/90
EPA TO REMOVE 82 PESTICIDE ACTIVE INGREDIENTS FROM B LIST
EPA announced this week that it has issued a notice of intent to remove
82 pesticide active ingredients from any further consideration for
reregistration and to cancel the 318 products containing these active
ingredients.
The agency said it was taking this action because "the registrants of
these active ingredients failed to commit themselves to support their
chemicals through the reregistration process". The 82 active ingredients are
among 229 contained in List B of the reregistration process.
A 60-day response period is being provided so that existing registrants
or others may commit to support the data and fee requirements of the active
ingredients . "Without such commitment, all included registrations will be
cancelled without hearing and the active ingredients will be removed from any
further consideration for reregistration", the agency said .
EPA said 29 of the 82 active ingredients have no active product
registrations. Thirteen of them have reported no production since 1986.
Twenty others have reported yearly production of less than 100,000 pounds
since 1986.
When registrations are cancelled as a result of the action proposed,
registrants will generally be permitted to sell the cancelled products for one
year after the cancellation becomes effective. EPA said that existing stocks
in the hands of dealers or users generally can be used until they are
exhausted, with these general provisions serving "to cushion the impact of the
cancellations until alternative products are available. "
Under the FIFRA amendments of 1988, all pesticides registered prior to
November 1984 must be reregistered by 1997. The pesticides have been divided
in lists A, B, C and D. During phase two of the reregistration process,
registrants of pesticides containing active ingredients on list B, C or D are
required to inform EPA of their intent to seek or not seek reregistration,
identify the data requirements for which they have already submitted adequate
data and commit to replacing missing or inadequate data for the active
ingredients in their products. Pesticides on list A were already in the
reregistration process at the time of the 1988 amendments.
A copy of the 82 active ingredients is available from the Chemicals-
Pesticides Program at Cornell.
NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS FOOD LABORATORY MONTHLY
REPORT FOR JULY, 1990
Potato chips labeled "Natural, 100% Organic," contained 1.56 ppm
Chlorpropham (CIPC), a sprout inhibitor. The exterior surface of a rice
package was found to be coated with 16.32 ug/ft2 Malathion. Approximately 98
percent of the milk samples and 51 percent of all other foods tested were free
of detectable residues.
New York State Department of Agriculture and Markets.
VOLUNTARY CANCELLATION OF PHOSPHAMIDON
Ciba-Geigy has decided to phase out from its product line insecticides
containing the active ingredient phosphamidon. Phosphamidon has been marketed
under the trade name Swat for control of insects and mites on cotton and under
the name phosphamidon for control of aphids on apples.
Ciba-Geigy notified the Environmental Protection Agency on May 30, 1990,
that it would like to voluntarily cancel its phosphamidon registration.
High registration and reregistration costs, and limitations on our
research and development budget, are major factors in decisions to continue to
support product registrations and develop new products. As a result, we are
not able to devote our limited resources to satisfying the regulatory
requirements for products with relatively low farmer demand, such as
phosphamidon. In addition, there are other viable alternatives for use in the
cotton and apple markets to control the insect pests controlled by
phosphamidon.
Phosphamidon will continue to be sold by Ciba-Geigy at least until May
1991 or until inventories are depleted, whichever comes first. After that,
distributors and dealers may continue to sell phosphamidon to which they have
title. Phosphamidon application by farmers will also be permissible.
If you have any questions on this action, please feel free to call me at
(919) 632-2171.
J.F. Ellis, Ph.D., Director, Biological Research, Ciba-Geigy
ITC HEARING ON "BIG GREEN" INITIATIVE HAS CHAMPIONS, DETRACTORS
The U. S. International Trade Commission hearing on the probable effects
of California's so-called "Big Green" ballot initiative on U.S. international
trade saw a procession of witnesses who were divided somewhere between lavish
praise and scalding criticism.
The hearing was held at the behest of Carla A. Hills, U.S. Trade
Representative, who wrote Commission Chairman Anne E . Brunsdale, "As we
interpret the language of the initiative, it could establish California
standards for residue levels in food which could be more stringent than those
existing under applicable federal laws. This potential conflict between
federal and state standards could affect current U. S. obligations under the
General Agreement on Tarifvish
praise and scalding criticism.
The hearing was held at the behest of Carla A. Hills, U.S. Trade
Representative, who wrote Commission Chairman Anne E . Brunsdale, "As we
interpret the language of the initiative, it could establish California
standards for residue levels in food which could be more stringent than those
existing under applicable federal laws. This potential conflict between
federal and state standards could affect current U. S. obligations under the
General Agreement on Tariffs and Trade ( GATT ) .... Furthermore, since the
international harmonization of health and safety standards for food and
agriculture products is a major component of the U. S. proposal on agriculture
in the current Uruguay Round of multilateral trade negotiations, adoption of
the initiative could significantly affect any new U . S. agricultural trade
obligations arising out of the ongoing GATT negotiations . "
This rather turgid spelling out of the reasons for the ITC hearing
provoked a rather ve decided to
become active, partisan participants in a California statewide political
campaign." He continued:
"It appears to Californians that you are being set up by Ms. Hills to do
political dirty work for the chemical and agribusiness interests opposing 'Big
Green.' For this reason, most Californians will regard this investigation
with a great deal of skepticism. I believe the Commission must go to extreme
lengths to avoid the appearance of political impropriety and to insure some
semblance of credibility."
Merrilees fumed that " 'Big Green' is on the ballot in California because
Washington has failed to protect us from dangerous pesticides . Our state has
1, 500 drinking water wells that are contaminated with pesticides and are
unfit for human consumption -- and that's just in our Central Valley. We are
poisoning 1,000 farmworkers each year with pesticides, according to state
estimates . "
A.J. Yates, a family farmer from Fresno County, Calif., however, had an
opposite view, declaring, "'Big Green' is an example of bad politics and a
disregard for sound scientific reasoning that is the basis of existing federal
and state pesticide regulation. 'Big Green' seeks to exploit fear and
confusion in the public in order to gain a ban of a wide spectrum of essential
chemicals that are important to me in producing food
and fibers."
Yates identified the greatest threat as the initiative's targeting of
inert ingredients in many other pesticide formulations, noting, "For example,
benzene is found in all oil-based pesticides. Oil sprays are used extensively
in orchard crops to protect trees from insects and disease outbreaks under IPM
(Integrated Pest Management ] programs . The loss of oil-based pesticides
would devastate my operation. I'd be faced with potentially incredible damage
to my crops."
An opposing view was expressed by Eric Christensen, a project attorney
with the Natural Resources Defense Council (NRDC), who said his organization
is a prime sponsor of California's Environmental Protection Act of 1990 (
EPA90), and has been actively campaigning for its passage.
Christensen said, "The pesticide provisions of EPA90 are well grounded in
scientific evidence that demonstrates many pesticides present a significant
threat to human health. Some 500 million pounds of pesticides are used
annually in California, more than any other state in the union. More than
3,000 drinking water wells have already become contaminated from the use of
such pesticides and there is increasing evidence, particularly in California's
Central Valley, of human health effects such as cancer, miscarriages and birth
defects resulting from pesticide exposure. "
The NRDC attorney added that the phaseout of pesticides already proven to
cause cancer or birth defects, "with substantial publicly-funded research to
develop alternatives, is a well-founded decision that should be left to the
people of California . " Christensen also maintained that EPA90 is trade
neutral, explicitly subjecting domestic and foreign producers to the same
pesticide standards for the California market, thereby meeting the GATT
requirements that imported products be accorded treatment "no less favorable"
than domestic products.
Susan Denzer and Al Courchesne, representing the National Family Farm
Coalition, testified:
"Opponents of 'Big Green' argue that chemical intensive agriculture is
the only way to farm efficiently and successfully. We would like to submit for
the record a summary of a study known as the 'Progress Report from the Task
Force on Pest Control Alternatives' from the Vice-President of the University
of California's Division of Agriculture and Natural Resources. This report
identifies five categories of pest control alternatives; organic, synthetic,
cultural practices, host plant resistance and biological pest control. The
report demonstrates that there are indeed viable alternatives to each of the
chemicals that would be banned under 'Big Green.'"
John M. Urbanchuk, Senior Vice-President and Director, GRC Economics, an
economics consulting unit of Hill and Knowlton, Inc., warned: "Our analysis
concludes that the implementation of EPA90 is likely to result in a 40%
reduction in the output of fruits, vegetables and field crops in California."
He added that grapes, California's highest value crop at $1. 2 billion,
are at risk if sulfur is banned due to the presence of inert heavy metals, and
that reductions in output "of this magnitude will affect not only California
farmers, food processors and consumers, but consumers in the rest of the
country. "
Thomas DiMare, President of DiMare Co., an international family produce
farming and shipping operation, asserted, " In my opinion, the Hayden [ State
Senator Tom Hayden is a sponsor] 'Big Green' initiative takes the existing
strict California pesticide standards and walks them over a plank into a sea
of unreasonable and unworkable regulations which will disrupt the national and
international marketplace. "
Paul A . Drazek, Assistant Director, National Affairs, American Farm
Bureau Federation, said the initiative would reduce competitiveness of
American agricultural exports, ultimately restrict access to foreign markets
for U.S. exporters of both agricultural and non-agricultural products, and
conflict with the trade obligations and objectives of the U.S., which has
obligated itself to the GATT standards code and the harmonization of
agricultural health standards.
Derl I. Derr, President, International Apple Institute, McLean, Va., said
the "nihilistic approach" of the initiative fails to allow scientific judgment
about the significance of residues in food at very low levels, adding that
even trace amounts of chemicals would be banned. She noted that the initiative
"fails to recognize that the level of exposure is a significant part of the
equation concerning the toxicity of a compound," and argued, "The crucial
point is this. What may be harmful in large doses is not necessarily harmful
in trace amounts."
Sandra Archibald, Assistant Professor of Agricultural Economics, Stanford
University, noted that one-quarter of California's grape production is
exported, making it the third ranking export commodity in the state. "If
sulfur is banned, producers can expect up to 100% yield losses in some years,
depending upon weather." But, Archibald added, " In all cases, analysis
indicates that consumers lose significantly, with some gainers and losers
among California producers in the short run but definite gains to non-
California producers over time. "
David Pimentel, professor of entomology and agricultural sciences,
Cornell University, said EPA90 is "highly necessary given the government's
failure to protect consumers, " continuing:
"California voters will be entirely justified in passing the EPA90 to
safeguard their health when neither the federal or state government has
adequately done so. The pesticide industry has grossly exaggerated the
economic impacts of pesticide cancellations .... When DDT and related
chemicals were banned in 1972, a 50% reduction in U. S. food production was
predicted, as were massive losses in many of California's fruit crops with the
banning in 1977 of the pesticide DBCP. These predictions were, of course, far
from correct. The output of U.S. agricultural commodities has continued to
grow, with no change in quantity or price connected with cancellation of
pesticides . "
Steven C . Anderson, President, American Frozen Food Institute, said,
"With its reputation as the nation's trendsetter, and the fact that
California's economy alone makes it the tenth largest economic power in the
world, there is little doubt that 'Big Green's' passage would have a ripple
effect across the country, effectively dictating U.S. environmental policy.
Enactment of 'Big Green' would fragment U.S. regulation, destroying the
possibility for a rational uniform approach to the regulation of food safety
in the United States or in the international arena. "
Trade Representative Hills, in her letter to the lTC, had noted that the
California initiative will be decided in the November election, and that the
Uruguay Round of negotiations is expected to conclude with a ministerial level
meeting scheduled to be held in Brussels in early December.
P&TCN, 7/25/90
wgs/8/90
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are for convenience only; no endorsement of products is intended, nor is
criticism of unnamed products implied. Most of this information is historical
in nature and may no longer be applicable.
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