According to the article, the federal Environmental Protection Agency (EPA) recently issued an “historic” emergency order to stop the use of the pesticide Dacthal, or DCPA, to fully look at the serious health risks it poses to unborn babies and pregnant women.

This is the first time in almost 40 years the agency has taken this type of emergency action, according to the EPA.

“DCPA is so dangerous that it needs to be removed from the market immediately,” said Michal Freedhoff, assistant administrator for the EPA’s Office of Chemical Safety and Pollution Prevention, said in a statement.

The EPA announced that an emergency suspension had been applied to all registrations of the pesticide dimethyl tetrachloroterephthalate, otherwise known as DCPA or Dacthal, under the 1947 Insecticide, Fungicide and Rodenticide Act, which was signed into law by former President Harry S. Truman.

Risks to Unborn Babies and Pregnant Women

This decision by the EPA arrived due to the fact, the federal agency says, evidence is indicating how pregnant women exposed to the DCPA pesticide can possibly lead to irreversible fetus damage when exposed in utero, with changes linked to it like low birth weight, impaired brain development, decreased IQ and impaired motor skills later in life, some of which may be irreversible.

Nearly 20 percent of fresh, frozen and canned fruits and vegetables that Americans eat contain concerning levels of pesticides.

Risks to Farmworkers

Farmworkers face burdensome conditions in the fields and often face exposure to harmful pesticides while working to feed others. According to Arizona Rep. Raul Grijalva, the EPA action “prioritizes farmworker health and safety, especially for pregnant women, by suspending this harmful chemical from our agricultural systems”

It comes after “unprecedented efforts” by the White House over the last few years to get what it called “long-overdue” data on the pesticide from its sole manufacturer, U.S- based AMVAC Chemical Corporation, to assess its overall risk.

“Notice of Intent to Suspend”

In April of 2022, the Biden EPA issued the hardly used “Notice of Intent to Suspend” DCPA based on AMVAC’s failure to submit the complete set of required data almost 10 years after the EPA’s 2013 request and January 2016 due date for the new data went unanswered. By April of this year, the EPA was warning farmworkers about the risks of the pesticide as it revealed the government agency was developing “next steps” to address the risks of Dacthal.

“We must continue to build on this progress and ensure all farmworkers are given the protection, worker's rights, and overtime pay they deserve,” said Grijalva.

The EPA says it consulted with the U.S. Department of Agriculture to better understand how growers use DCPA and its likely alternatives to the pesticide.

It was first introduced in 1958 to control weeds in agricultural and non-agricultural settings for crops such as broccoli, Brussels sprouts, cabbage and onions, according to an EPA report.

“This emergency decision is a great first step that we hope will be in a series of others that are based on listening to farmworkers, protecting our reproductive health, and safeguarding our families,” said Mily Treviño Sauceda, executive director of Alianza Nacional de Campesinas.

Discussion Questions

1. Discuss the mission of the Environmental Protection Agency (EPA).

As indicated on its website (www.epa.gov), the mission of the EPA is to protect human health and the environment.

To that end, the EPA works to ensure that:

(1) Americans have clean air, land and water;

(2) National efforts to reduce environmental risks are based on the best available scientific information;

(3) Federal laws protecting human health and the environment are administered and enforced fairly, effectively and as Congress intended;

(4) Environmental stewardship is integral to U.S. policies concerning natural resources, human health, economic growth, energy, transportation, agriculture, industry, and international trade, and these factors are similarly considered in establishing environmental policy;

(5) All parts of society--communities, individuals, businesses, and state, local and tribal governments--have access to accurate information sufficient to effectively participate in managing human health and environmental risks;

(6) Contaminated lands and toxic sites are cleaned up by potentially responsible parties and revitalized; and 

(7) Chemicals in the marketplace are reviewed for safety.

To accomplish this mission, the EPA:

(1) Develops and enforces regulations;

(2) Gives grants;

(3) Studies environmental issues;

(4) Sponsors partnerships;

(5) Teaches people about the environment; and

(6) Publishes information. 

2. As the article indicates, the emergency order the EPA has issued against Dacthal (DCPA) is the first time in almost 40 years the agency has taken this type of action. Does this surprise you? Why or why not?

This is an opinion question, so student responses may vary. In your author’s opinion, the fact that the EPA has not issued an emergency order could be for one of two reasons; either (1) the EPA has already performed a Herculean task in cleaning up the environment since it was first created, therefore not necessitating frequent use of the emergency order; or (2) the EPA has been reluctant to issue such an order due to its limited resources in discovering such harms or the political controversy surrounding such an order (more particularly, the argument that the EPA is overstepping its administrative bounds and that it should literally rely on an act of Congress to address the harm.) Your author would like to believe that the first option is the actual reason.

3. In recent years, administrative agencies such as the EPA have been criticized for being part of an unduly burdensome “administrative state” that makes it more difficult for businesses to prosper. In your reasoned opinion, is this criticism warranted in the context of administrative agencies? More specifically, is it warranted in the context of the EPA? Explain your response. 

These are opinion questions, so student responses will likely vary. Your author believes in the necessity, the usefulness, and the effectiveness of administrative agencies. Such agencies are positioned to act in situations where the U.S. Congress would not have the wherewithal or the ability to act. Furthermore, administrative agencies act based on expertise, not based on “which way the political winds blow.” In your author’s opinion, the need for administrative agency oversight and action is most compelling in the context of land, air, and water pollution, an issue that impacts every American every day.