Long-Overdue EPA Pesticide Regulations Fail to Fully Protect Farmworkers
Ushering in what it called “milestone” changes to better protect the nation’s farmworkers from pesticides, the U.S. Environmental Protection Agency (EPA) lask week proposed a slate of updates to its agricultural Worker Protection Standard.
The enhanced protections come 22 years after the EPA last revised the rules intended to safeguard the nation’s 2 million farmworkers from pesticides’ perils. Among other steps, the new rules would increase the frequency of mandatory pesticide training from every five years to every year, and include no-entry buffer zones to shield workers from spray and fumes.
“EPA’s proposal aims to pull farm workers up toward the same level of protection from environmental and health hazards that other professions have had for decades,” Gina McCarthy, the agency’s administrator, wrote in a blog post, A Step Forward: Protecting America’s Farmworkers.
Farmworker advocates agree the proposal represents a step forward.
But the long-overdue update falls short of the more sweeping changes advocates envisioned. It fails, for instance, to require medical monitoring of applicators handling toxic chemicals; sets 16, not 18, as a minimum age for those handling pesticides; and eliminates a requirement that growers display in a central location information on pesticides being applied.
“As expected, there are some genuine improvements, but also at least one big step backward … and some real lost opportunities, especially when it comes to protections for pesticide handlers, and most especially teen pesticide handlers,” Eve C. Gartner, a staff attorney with Earthjustice, wrote The Center for Public Integrity (CPI).
In 2012, CPI explored the EPA’s thin layer of protection for farmworkers, describing how pesticides can endanger laborers, but no one knows the full scope of the environmental perils in the fields.
Now, advocates say, the proposed upgrades fail to fully close the safety gap.
For instance, Gartner and others note, the proposed rule would ban children under 16 from handling pesticides, with an exemption for family farms. The EPA lauds that first-ever minimum age requirement as a step forward. But farmworkers and their advocates had pushed for the minimum age to be set to 18.
The new age limit “is better than nothing but I don’t see justification for wanting to expose 16- and 17-year-olds,” said Virginia Ruiz, director of occupational and environmental health for Farmworker Justice.“Why you would want somebody that young applying chemicals in the workplace is beyond me.”
Setting the minimum age at 18 would mean higher costs for the industry, the EPA said.
“EPA estimates that requiring handlers to be at least 18 years old would cost about $3.1 million annually, or $11 per agricultural establishment and $320 per commercial pesticide handling establishment per year,” the proposed rule says.
Like others who have long pushed the EPA to revise the Worker Protection Standard, Ruiz is heartened that some substantive changes finally came. But, overall, she called the proposal a “mixed bag.”
Another area advocates question: that the EPA would eliminate a requirement that growers centrally post information about pesticides.
The posting requirement, the EPA said, has become the single most frequently cited area of non-compliance with the Worker Protection Standard. Industry and regulators have challenged it, the agency said.
“Keeping the information current at the central location has been problematic for agricultural employers, as records of frequent pesticide applications on an establishment with multiple crops can be difficult to maintain accurately during the growing season,” the EPA wrote.
“Most workers,” the proposed rules say, “do not routinely pass the central posting area because their workplace is at a different part of the establishment. The proposed change would continue to make available at a designated location pesticide application information for workers and handlers. Rather than continue a requirement that burdens employers without clear benefits to workers and handlers, EPA has decided to revise the requirement.”
To the farmworker community, this is a change for the worse. With a central posting place, they say, farmworkers know there is a spot they can turn for information. But now, they say, the burden will fall on farmworkers—many of them working in the shadows—to actively seek out that information.
“It’s going to be the very rare farmworker who’s going to have the courage to ask for that information,” said Pesticide Safety and Environmental Health Project coordinator Jeannie Economos for the Farmworker Association of Florida.
More than half of the employees at the association, Economos said, are former farmworkers.
The EPA’ rationales for cutting the central posting requirement and putting the minimum age to 16 are both “illuminating and disturbing,” Gartner said.
Farmworkers advocates also pushed the EPA to require medical monitoring of applicators who handle toxic pesticides, following the leads of California and Washington. That is not happening, either.
“Those programs have been around for many years, to much benefit,” said Ruiz. “The fact that they’re in these big agricultural states shows that they are feasible to implement … and are very helpful in helping to prevent overexposure.”
The EPA cites other reforms, producing a before and after primer showing how the rules will change. The specific changes include:
- An expanded mandatory posting of no-entry signs for the most hazardous pesticides; the signs prohibit entry into pesticide-treated fields until residues decline to a safe level.
- A requirement that Personal Protection Equipment (respirator use) be consistent with the Occupational Safety & Health Administration standards, including fit test, medical evaluation, and training.
- Measures to improve states’ ability to enforce compliance including requiring employers to keep records of application-specific pesticide information.
“Today marks an important milestone for the farm workers who plant, tend, and harvest the food that we put on our tables each day,” McCarthy said. “Protecting our nation’s farm workers from pesticide exposure is at the core of EPA’s work to ensure environmental justice.”
The changes, the administrator said, follow “more than a decade of extensive stakeholder input by federal and state partners and from across the agricultural community including farm workers, farmers and industry.”
Economos cites the “good and bad” of the proposed changes, which will now go through a public comment period before becoming final.
“We really want to applaud the EPA for all the work they’ve done on this. We know it’s been a long time in the making,” Economos said. “We’ve been waiting a long time.”
By Tara Lohan
Our plastic pollution problem has reached new heights and new depths.
Scientists have found bits of plastic on the seafloor, thousands of feet below the ocean's surface. Plastic debris has also washed ashore on remote islands; traveled to the top of pristine mountains; and been found inside the bodies of whales, turtles, seabirds and people, too.
1. There’s a lot of it.<p>In a September study published in <em>Science </em>about the growth of plastic waste, an international team of researchers estimated that 19 to 23 million metric tons — or 11% of plastic waste generated — ended up in aquatic ecosystems in 2016. And even with countries pledging to help cut waste or better manage it, the amount of plastic pollution is <a href="https://science.sciencemag.org/content/369/6510/1515" target="_blank" rel="noopener noreferrer">likely to double</a> in the next 10 years.</p><p>A <a href="https://science.sciencemag.org/content/369/6510/1455" target="_blank">study</a> about solutions to plastic waste, published in the same issue, attributed the plastic pollution epidemic to a rise in single-use plastic and "an expanding 'throw-away' culture." The researchers also found that waste-management systems simply can't deal with the onslaught of plastic, which is why so much of it ends up in the environment. We now know that only <a href="https://www.nationalgeographic.org/article/whopping-91-percent-plastic-isnt-recycled/" target="_blank">9% of the plastic products</a> we use actually get recycled.</p>
2. The United States is a big culprit.<p>Plastic pollution is a global problem, but the United States plays an outsized role. In 2016 the United States was responsible for more plastic waste than any other country, a <a href="https://advances.sciencemag.org/content/6/44/eabd0288" target="_blank">new study</a> in <em>Science Advances</em> found. Some of that waste was dumped illegally within the country and some was shipped to other countries that lacked the necessary infrastructure to handle it.</p><p>"The amount of plastic waste generated in the United States estimated to enter the coastal environment in 2016 was up to five times larger than that estimated for 2010, rendering the United States' contribution among the highest in the world," the researchers concluded. Part of that is because the United States ranks second in exporting plastic scrap.</p>
3. It threatens wildlife and ecosystems.<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDg3MTUwMi9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzMzE1MzM2MH0.YL5C-5GF2mq9OZBLSkcAnreq2Mai20DweKSNqeUSWM4/img.jpg?width=980" id="20233" class="rm-shortcode" data-rm-shortcode-id="3db4a05d5d417d925a770cf309db1db1" data-rm-shortcode-name="rebelmouse-image" />
A giant otter plays with a plastic bottle. Paul Williams / CC BY-NC 2.0<p>Out of sight (for Americans) is <em>not </em>out of mind — and definitely not out of our waterways. An estimated 700 marine species and 50 freshwater species have either ingested plastic or been entangled in it.</p><p>"If we don't get the plastic pollution problem in the ocean under control, we threaten contaminating the entire marine food web, from phytoplankton to whales," George Leonard, the Ocean Conservancy's chief scientist and coauthor of the September <em>Science </em>study about plastic waste's increase, <a href="https://www.nationalgeographic.com/science/2020/10/plastic-pollution-huge-problem-not-too-late-to-fix-it/" target="_blank">told <em>National Geographic</em></a>. "And by the time the science catches up to this, perhaps definitively concluding that this is problematic, it will be too late. We will not be able to go back. That massive amount of plastic will be embedded in the ocean's wildlife essentially forever."</p><p>Microplastics have also been found in terrestrial animals, soil, drinking water and, not surprisingly, <a href="https://www.forbes.com/sites/victoriaforster/2020/08/18/microplastics-found-in-human-organs-for-the-first-time/?sh=42994a4e16f2" target="_blank" rel="noopener noreferrer">in our own bodies</a>, although it's not clear yet just how dangerous that is for people.</p>
4. The fracking boom is producing a plastic boom.<p>Despite the known risks of plastic pollution and concern over its mounting presence in the environment, plastic production — driven by fossil fuels like fracked gas and its component chemicals — is on pace to increase by 40% in the next 10 years.</p><p>The American Chemistry Council <a href="https://www.americanchemistry.com/Shale-Infographic/" target="_blank" rel="noopener noreferrer">boasted that shale gas drilling is driving a surge</a> in plastic production, including the investment of more than $200 billion to fund new and expanded operations at 343 production plants in the United States.</p><p>On the ground this means more harmful pollution along the Gulf Coast's "Cancer Alley," where petrochemicals have been manufactured for decades in low-wealth communities of color. And it means the build-out of new facilities in Rust Belt states such as Ohio, Pennsylvania and West Virginia.</p><p>Fracking also causes harmful greenhouse gas emissions, like methane, to be released into the atmosphere — amplifying the climate crisis. The refining process and the incineration of plastic waste also further drives greenhouse emissions and hazardous pollution.</p>
A petrochemical plant in Houston's ship channel. Louis Vest / CC BY-NC 2.0
5. Solutions are multifaceted.<p><a href="https://www.dw.com/en/plastic-pollution-do-beach-cleanups-really-make-a-difference/a-46196975" target="_blank" rel="noopener noreferrer">Beach cleanups</a> tend to make headlines, but it's a losing battle as long as petrochemical companies keep producing so much plastic and we keep using plastic for products we're meant to toss after a single use.</p><p>The September study in <em><a href="https://science.sciencemag.org/content/369/6510/1455" target="_blank">Science</a></em> on plastic solutions found that it's possible to cut plastic pollution — perhaps as much as 80% by 2040 — but it will take systemic change both in reducing the amount of plastic produced and in better managing the waste stream.</p><p>Regulatory efforts can help this process, including by regulating plastic as a pollution source under the Clean Water Act.</p><p>Efforts to ban single-use plastics, as the European Union aims to do by 2021, are another positive step. So too are "<a href="https://therevelator.org/california-plastic-legislation/" target="_blank" rel="noopener noreferrer">circular economy laws</a>," which have been <a href="https://www.congress.gov/bill/116th-congress/house-bill/5845?q=%7B%22search%22%3A%5B%22H.R.5%22%5D%7D&s=1&r=5" target="_blank" rel="noopener noreferrer">introduced, but not yet passed</a>, in the United States.</p><p>These laws would halt the production of new petrochemical facilities and encourage businesses to take responsibility for the full lifecycle of the products they produce by requiring them to be reused, adequately recycled or composted.</p><p>Getting circular economy laws enacted, though, will mean enough public and political will to counter the petrochemical, fossil fuel and plastic industries.</p><p>At <em>The Revelator</em>, we'll keep covering the push for solutions to the plastic problem and new science to better understand the threats. And if you want to know more about how wildlife has already been affected, what laws could help, whether industry will be held accountable and more, check out these stories from our archives:</p><p><strong>Laws and Regulations</strong></p><p><strong></strong><a href="https://therevelator.org/plastic-pollution-warnings/" target="_blank">Plastic Pollution: Could We Have Solved the Problem Nearly 50 Years Ago?</a></p><p><a href="https://therevelator.org/clean-water-plastic/" target="_blank" rel="noopener noreferrer">How an Old Law Is Helping Fight New Plastic Problems</a></p><p><a href="https://therevelator.org/california-plastic-legislation/" target="_blank" rel="noopener noreferrer">New California Bill Could Revolutionize How the U.S. Tackles Plastic Pollution</a></p><p><a href="https://therevelator.org/plastic-pollution-laws/" target="_blank" rel="noopener noreferrer">What Laws Work Best to Cut Plastic Pollution?</a></p><p><a href="https://therevelator.org/plastic-illegal/" target="_blank" rel="noopener noreferrer">Can Plastic Ever Be Made Illegal?</a></p><p><strong>Impacts</strong></p><p><a href="https://therevelator.org/toxic-plastic-pollution-food-chain/" target="_blank" rel="noopener noreferrer">Something Fishy: Toxic Plastic Pollution Is Traveling Up the Food Chain</a></p><p><a href="https://therevelator.org/plastic-pollution-ship-shore/" target="_blank" rel="noopener noreferrer">Plastic Pollution: From Ship to Shore</a></p><p><a href="https://therevelator.org/plastics-fracking-climate/" target="_blank" rel="noopener noreferrer">Plans to Turn America's Rust Belt Into a New Plastics Belt Are Bad News for the Climate</a></p><p><a href="https://therevelator.org/trash-galapagos-ecotourism/" target="_blank" rel="noopener noreferrer">Trash in the Galápagos Reveals the Dark Side of Ecotourism</a></p><p><a href="https://therevelator.org/elephant-seals-diving-garbage/" target="_blank" rel="noopener noreferrer">Elephant Seals: Diving Through Garbage</a></p><p><strong>Taking Action</strong></p><p><em><a href="https://therevelator.org/story-plastic-review/" target="_blank" rel="noopener noreferrer">The Story of Plastic: </a></em><a href="https://therevelator.org/story-plastic-review/" target="_blank" rel="noopener noreferrer">New Film Exposes the Source of Our Plastic Crisis</a></p><p><a href="https://therevelator.org/plastic-movie-stuff/" target="_blank" rel="noopener noreferrer">How to Win the Fight Against Plastic</a></p><p><a href="https://therevelator.org/cities-zero-waste/" target="_blank" rel="noopener noreferrer">Can Cities Go Zero-waste? One Japanese Town Tried</a></p><p><a href="https://therevelator.org/secret-value-trash/" target="_blank" rel="noopener noreferrer">The Secret Value of Trash</a></p><p><a href="https://therevelator.org/junk-raft-polluted-ocean/" target="_blank" rel="noopener noreferrer">Junk Raft: A Journey Through a Polluted Ocean</a></p><p><a href="https://therevelator.org/bioplastics-environment/" target="_blank" rel="noopener noreferrer">Are Bioplastics a Better Environmental Choice?</a></p><p><a href="https://therevelator.org/plastic-straws-problem-solution/" target="_blank" rel="noopener noreferrer">Plastic Pollution Is a Problem — These Kids Are Working for a Solution</a></p><p><a href="https://therevelator.org/thai-activists-fight-trash-taboo/" target="_blank" rel="noopener noreferrer">Thai Activists Fight Trash Taboo</a></p><p><em><a href="https://therevelator.org/author/taralohan/" target="_blank">Tara Lohan</a> is deputy editor of The Revelator and has worked for more than a decade as a digital editor and environmental journalist focused on the intersections of energy, water and climate. Her work has been published by The Nation, American Prospect, High Country News, Grist, Pacific Standard and others. She is the editor of two books on the global water crisis.</em></p><p><em>Reposted with permission from <a href="https://therevelator.org/plastic-pollution-archives/" target="_blank">The Revelator</a>. </em></p>
EcoWatch Daily Newsletter
Hundreds of endangered sea turtles were stranded on beaches after suffering "cold stunning" in the waters off Cape Cod, Mass. Local rescuers and wildlife rehabilitators stabilized the turtles at the New England Aquarium (NEAQ) and National Marine Life Center and began treatment. Many of the sea turtles were transported by land or air to partner facilities around the Eastern Seaboard for longer-term care to make room for more incoming, cold-stunned animals.
Rehabilitators at The Turtle Hospital in the Florida Keys assess critically endangered, cold-stunned Kemp's ridley sea turtles flown in after rescue in New England. The Turtle Hospital<p>NEAQ and local rescuers begin seeing turtles every fall when water temperatures drop to that 50 degrees F threshold, and typically expect to find them into early January. After that, <a href="https://www.ecowatch.com/sea-turtle-cape-cod-weather-2621527394.html" target="_self">temperatures are so cold that any animals found are usually no longer alive</a>.</p><p>Merigo estimated that this year's cold season "looks very busy" and noted that local rescue efforts had already surpassed 400 turtles.</p><p>"It is a lot of animals. They're still coming in," she told EcoWatch as she surveyed 39 rescued turtles that day and 20 the day prior. "So far, this is a huge year."</p><p>At NEAQ, the turtles are gradually warmed up about five to 10 degrees F a day. More aggressive warming can cause serious damage and the turtle might not survive, Merigo said. Emergency treatments also include providing replacement fluids, balancing electrolytes and addressing pneumonia. Assessments take place for other serious problems too, such as shell or limb fractures, frostbite, emaciation and eye damage.<span></span></p><p>As local aquariums don't have the capacity to care for all the injured turtles, a group of private pilots called <a href="https://www.turtlesflytoo.org/" target="_blank">"Turtles Fly Too"</a> donated planes, fuel and time to transport some to various partner facilities around the country. Other turtles were driven to closer care facilities.</p><p>"We have a huge network of really great partners working with us, so if we can spread out the care, we can give better care to all the animals," Merigo said.</p><p>The 40 Kemp's ridley sea turtles recovering in The Turtle Hospital will continue to be treated and rehabilitated anywhere from 30 days to a year, depending on the severity of injuries, Zirkelbach said.</p><p>The turtle expert noted that while she's treated cold-stunned turtles from the north before, the newest arrivals were the most cold-stunned Kemp's ridleys ever received at one time.</p>
After rescue, cold-stunned sea turtles received immediate emergency care and assessments at the New England Aquarium. Caitlin Cunningham / New England Aquarium<p>In the past decade, the Gulf of Maine, which spans from Cape Cod to Nova Scotia, has warmed 99 percent faster than the rest of the ocean, Zirkelbach said. The warm water encourages turtles that migrate north along the Gulf Stream in warmer months to stay in the bay longer.</p><p>"Turtles that fail to migrate south get stuck in the unique horseshoe-shaped topography of the Cape Cod peninsula, and when temperatures drop, the bay becomes a death trap," she added.</p><p>Before ocean temperatures warmed, the waters of Maine were too cold for many of these sea turtles, Merigo echoed. Now, with warming sea surface temperatures, Maine can reach the high 70s to low 80s, which is "perfect turtle temperature," she said. The potential for more turtles getting trapped in the bay and then cold-stunned is nerve-racking for Merigo.</p><p>In addition to shifting habitats as waters warm, warming global temperatures also disrupt natural gender balance in sea turtles, Merigo warned. Gender is determined by the temperature of eggs in nests, and as the planet warms, it will result in all females at some point, she said.</p><p>"The turtles we work with are all endangered and threatened," Merigo said. "For sea turtles in general, the future is a little grim. Climate change is real; it does impact them."</p>
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