EPA Issues Emergency Order to Stop Use of Pesticide Dacthal to Address Serious Health Risk

The EPA is announcing the emergency suspension of all registrations of the pesticide dimethyl tetrachloroterephthalate (DCPA or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This is the first time in almost 40 years EPA has taken this type of emergency action, following several years of unprecedented efforts by the Biden-Harris Administration to require the submission of long-overdue data and then assess and address the risk this pesticide poses.

 

EPA has taken this action because unborn babies whose pregnant mothers are exposed to DCPA, sometimes without even knowing the exposure has occurred, could experience changes to fetal thyroid hormone levels, and these changes are generally linked to low birth weight, impaired brain development, decreased IQ, and impaired motor skills later in life, some of which may be irreversible.

 

“DCPA is so dangerous that it needs to be removed from the market immediately,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “It’s EPA’s job to protect people from exposure to dangerous chemicals. In this case, pregnant women who may never even know they were exposed could give birth to babies that experience irreversible lifelong health problems. That’s why for the first time in almost 40 years, EPA is using its emergency suspension authority to stop the use of a pesticide.”

 

 

DCPA is a pesticide registered to control weeds in both agricultural and non-agricultural settings, but is primarily used on crops such as broccoli, Brussels sprouts, cabbage and onions. DCPA is currently undergoing registration review, a process that requires reevaluating registered pesticides every 15 years to ensure they cause no unreasonable adverse effects on human health or the environment.

 

In deciding whether to issue today’s Emergency Order, EPA consulted with the U.S. Department of Agriculture to understand how growers use DCPA and alternatives to this pesticide. In 2013, the agency issued a Data Call-In (DCI) to AMVAC Chemical Corporation, the sole manufacturer of DCPA, requiring it to submit more than 20 studies to support the existing registrations of DCPA. The required data included a comprehensive study of the effects of DCPA on thyroid development and function in adults and in developing young before and after birth, that was due by January 2016. Several of the studies that AMVAC submitted from 2013-2021 were considered insufficient to address the DCI, while the thyroid study and other studies were not submitted at all.

 

In May 2023, EPA released its assessment on the risks of occupational and residential exposure to products containing DCPA, following its analysis of the thyroid study submitted by AMVAC. The assessment found health risks associated with DCPA use and application, even when personal protective equipment and engineering controls are used. The most serious risks are to the unborn babies of pregnant individuals. EPA estimates that some pregnant individuals handling DCPA products could be subjected to exposures four to 20 times greater than what EPA has estimated is safe for unborn babies.

 

Also of concern, are risks to unborn babies of pregnant individuals entering or working in areas where DCPA has already been applied (especially post-application workers involved in tasks such as transplanting, weeding and harvesting). Current product labels specify that entry into treated fields must be restricted for 12 hours after application. However, the evidence indicates that for many crops and tasks, levels of DCPA in a treated field remain at unsafe levels for 25 days or more. Spray drift (the movement of pesticide through the air at the time of application or soon after, to any site other than the area intended) from pesticide application could also put at risk the unborn babies of pregnant individuals living near areas where DCPA is used.

 

In April 2024, EPA issued a public warning regarding the significant health risks to unborn babies of pregnant individuals exposed to DCPA and its intent to pursue action to address the serious, and in some instances, permanent, and irreversible health risks associated with the pesticide as quickly as possible. In a letter to AMVAC dated March 27, 2024, EPA restated the risks the agency found and noted that the agency would be pursuing regulatory options as soon as possible which could include cancelling the pesticide or seeking an emergency suspension.

 

When serious risks are identified, EPA can take action under FIFRA to suspend or cancel a pesticide. Taking such action is resource and time intensive, partly due to the procedural requirements of FIFRA. A cancellation proceeding may take at least several months (if uncontested by the registrant) or potentially several years (if contested by the registrant, thus triggering an administrative hearing and any subsequent appeal of a cancellation order). FIFRA also allows EPA to seek a suspension of a pesticide product while cancellation proceedings are ongoing if the Administrator determines it is necessary to prevent an imminent hazard.  EPA Administrator Regan has determined that, due to the serious and imminent harm posed by DCPA, an emergency exists such that this order of suspension effective immediately is necessary. EPA intends to issue a notice of intent to cancel the DCPA products within the next 90 days.

 

The Emergency Order is effective immediately. EPA determined that the continued sale and use of DCPA products during the time it would take to follow the normal cancellation process poses an imminent hazard to unborn babies. While AMVAC has attempted to address these concerns, EPA has determined there are no practical mitigation measures that can be put in place to allow DCPA’s continued use.

 

 

The EPA recently announced that Teck Alaska, Incorporated, the operator of Red Dog Mine near Kotzebue, Alaska has agreed to pay $429,794 in penalties for violating the Resource Conservation and Recovery Act when it treated and stored hazardous waste without a permit between October 1, 2019 and January 15, 2024.

 

As one of the world’s largest zinc and lead mines, Red Dog generates significant quantities of hazardous wastes that the company is required to manage consistent with the requirements of RCRA , the federal hazardous waste governing hazardous waste management.

 

EPA investigators also found that during the same time period that the company failed to determine the hazardous characteristics of waste generated in its laboratory which increased the likelihood that hazardous waste would be improperly managed and that not all the hazards would be identified prior to determining suitable treatment or disposal methods.

 

RCRA provides “cradle to grave” control of solid and hazardous waste by establishing management requirements for generators and transporters of hazardous waste and for owners and operators of hazardous waste treatment, storage, and disposal facilities.

 

“From generation to disposal, hazardous wastes must be dealt with in strict accordance with the law,” said Ed Kowalski, Director of EPA Region 10’ s Enforcement and Compliance Assurance Division. “Teck is an enormous operation with the resources to do things the right way, and we expect this enforcement action will result in full compliance from now on.”

 

Are you trained properly for RCRA? Check out our YouTube Video on training.

 

 

The U.S. Environmental Protection Agency finalized updates to strengthen the Safer Choice and Design for the Environment (DfE) Standard, which identifies the requirements that products and their ingredients must meet to earn EPA's Safer Choice label or DfE logo. These updates strengthen the criteria products must meet to qualify for the voluntary Safer Choice label, supporting the use of safer chemicals in the marketplace.

 

The Safer Choice program makes it easier for consumers and purchasers for facilities like schools and office buildings to find cleaners, detergents and other products made with safer chemical ingredients. Similarly, the DfE program helps people find disinfectants that meet high standards for public health and the environment.

 

“When consumers see the Safer Choice label on products in stores or online, they can be confident that the products were made with the safest possible ingredients,” said EPA Office of Chemical Safety and Pollution Prevention Deputy Assistant Administrator for Pollution Prevention Jennie Romer. “We’ve updated EPA’s Safer Choice and DfE Standard for the first time in nearly a decade with feedback from our stakeholders to make it stronger, more transparent and to include updated packaging sustainability standards.”

 

In addition to updated clarifying language, the final updated Standard includes:

 

This update follows a November 2023 request for public comment on EPA’s proposed updates to the Standard. This is EPA’s fourth update of the Standard since its inception in 2009 and the first since 2015. EPA periodically updates the Standard to keep current with the state of scientific and technological innovation, increase transparency and reduce redundancy, and expand the scope of the program as appropriate.

 

Please read the updated Standard.

 

 

An El Paso contractor could have prevented a 37-year-old employee from suffering fatal injuries in February 2024 by following federally required safety standards to avoid trench collapses, the same failure for which the U.S. Department of Labor has cited the employer six times since 2015.

 

The department's Occupational Safety and Health Administration determined a pipe layer for CMD Endeavors Inc. was allowed to work in an excavation without a proper protective system. The trench collapsed, causing piece of asphalt to fall and severely injure the worker who later died in an area hospital. The City of El Paso had contracted the company for pipework for the Cedar Grove Waterline Replacement project, part of an ongoing citywide initiative.

 

"Despite repeated citations and warnings about the dangers of unprotected trenches, CMD Endeavors has ignored the hazards for nearly a decade, and now an employee has lost their life," explained OSHA Area Director Diego Alvarado, Jr. in El Paso, Texas. "Rather than protecting its workers from this workplace hazard, the company did nothing to prevent this tragedy and leaves a family, friends and co-workers to grieve a needless loss."

 

OSHA issued citations to CMD Endeavors for one willful and one serious violation and two repeat violations related to its failures to provide adequate systems to prevent trench cave-ins, stop nearby materials from falling into the trench, ensure a trench exit within 25 feet, and support adjacent pavement. The company faces $260,848 in proposed penalties.

 

Established in 2009, CMD Endeavors Inc. is a general contractor providing public and private sector clients with heavy construction, earthwork, site-work and water and wastewater utility infrastructure projects. The company serves clients from West Texas to Southern New Mexico.

 

CMD Endeavors Inc. has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

 

 

Greater use of remote isolation equipment can improve safety at chemical facilities and help mitigate the consequences of loss-of-containment incidents like explosions and fires, the U.S. Chemical Safety and Hazard Investigation Board concludes in a new safety study. According to CSB, remote isolation equipment can allow a chemical release to be quickly stopped from a safe location, helping to prevent injuries and fatalities among workers as well as reducing facility damage. CSB describes the lack of effective remote isolation as “a critical factor” in the severity of several major chemical incidents it has investigated over the years. The safety study report focuses on six industrial accidents—one that occurred in 2005, one from 2007, and four from 2019—and calls on regulators to make changes to existing requirements to address the need for remote isolation capabilities at chemical facilities.

 

Three recommendations stem from CSB’s report. One of the recommendations has to do with OSHA’s process safety management standard, which CSB urges the agency to update by expanding requirements related to process hazard analysis. For example, CSB recommends that OSHA require affected facilities to evaluate the need for remote isolation devices for major process equipment that can be remotely or automatically activated during a chemical release. CSB also calls on EPA to update its risk management program rule with similar requirements. CSB’s third recommendation is directed to the American Petroleum Institute, which develops petroleum, natural gas, and petrochemical equipment and operating standards. API should revise its industry guidance to apply to chemical and petrochemical facilities in addition to refineries, and the guidance should detail conditions that necessitate the installation of remote isolation equipment, CSB states. A separate section of the study report focuses on these conditions.

 

Additional topics related to remote isolation covered in the report include recommendations from the National Transportation Safety Board, regulatory guidance from the U.K.’s Health and Safety Executive, and other global perspectives.

 

To learn more, see CSB’s news release.

 

 

EPA Updates the Indoor AirPlus Home Labeling Program for Healthier Indoor Air Quality 

EPA Celebrates Soldotna, Alaska High School Students as 2024 Winners of Environmental Youth Award 

EPA Announces Partnership with Michigan to Get the Lead Out of Drinking Water  

Montana’s Arctic Graylings Get New Shot at Endangered Species Protection