OTA - Pesticides - Roadside Spraying

Testimony for the Oregon Transportation Commission

Submitted by Lisa Arkin, Executive Director, Oregon Toxics Alliance

4/23/08

Oregon Toxics Alliance (OTA) is a full-time, statewide organization whose mission is to protect and enhance community and environmental health by promoting solutions to the root causes of toxic pollution. We build grassroots leadership opportunities and provide organizational support to communities all over Oregon who are working to prevent or respond to local public health threats. OTA acts upon our belief that Oregonians must prioritize a child’s health as the standard by which public health decisions are made.

Thank you for this opportunity to provide public input on the development of project priorities for the upcoming biennium. I write to alert you to serious issues related to the routine use of herbicides on our State’s highways.

Oregon Toxics Alliance recommends that the OTC send clear direction to ODOT to develop a policy change that reflects Our State government’s attention to the issues of public health, toxics use reduction and sustainability, and the preponderance of evidence pointing to the inherent health risks of pesticide exposure.

Governor Kulongoski has urged state agencies to participate in actions that advance sustainability, reduce global warming and cut our dependency on fossil fuels. ODOT’s own documents state that: “To support Oregon’s economy and quality of life, ODOT is embracing the concept of sustainability. By demonstrating sustainable business practices, ODOT is helping meet the needs of the current generation while ensuring that future generations can meet their needs.”

ODOT should pursue safe, non-toxic alternatives to herbicide uses in order to adhere to their own sustainability plan which seeks “to embed sustainability principles into agency decision making.”

Issue 2: Request from County Government to IMPLEMENT LAST RESORT ROADSIDE MAINTENANCE PLAN

On February 1, 2008, Lane County Commissioner Pete Sorenson and Oregon Toxics Alliance Executive Director Lisa Arkin met with Matthew Garrett, ODOT Director and Deolinda Jones, Interim Region 2 Manager on behalf of the hundreds of residents of Lane County who have testified to the County Commissioners, written letters, and signed petitions to express their desire to end routine applications of herbicides to roadsides. Commissioner Sorenson specifically requested that the Lincoln County Hwy 101 “no-spray” pilot project be expanded to include Lane County. He noted that it is important to use a Last Resort strategy along any road that is bordered by a stream or river so that water resources are protected from pesticide run-ff and drift. For example, Hwy 126 runs along the Siuslaw River in the western half of Lane County (salmon habitat), and along the McKenzie River in the eastern half of Lane County (the source of municipal drinking water for Eugene).

Lane County residents are pleased that ODOT is proposing a Last Resort Vegetation Management Project for all state highways in Lane County. The OTC should support this project and should also ask ODOT to re-calculate their costs estimates to accurately reflect the non-chemical maintenance costs that are already part of their budget, all foreseeable life-cycle costs, including public health, environmental health, health care costs, absenteeism and loss of worker production, clean up and disposal of toxic chemicals.

Issue 3: The phrase “Last Resort” Herbicide Spray Project should be clearly defined.

The Lane County Board of Commissioners, in their role as the Lane County Board of Health, adopted Ordinance No. 12-03, “Roadside Vegetation Management and Last Resort Herbicide Use Policy” in August 2003. This policy resulted in the development of an Integrated Vegetation Management Prescription Plan based on site assessment, least-toxic alternatives and the adoption of a limited list of herbicides that may be used in the case of the “last resort” when other non-toxic and least harmful measures prove ineffective to ensure safe driving conditions on our roads. Lane County has not used herbicides on its roads from 2003-2008.

(1) The County promotes environmentally sensitive roadside vegetation management that protects the health and safety of the public and County's employees.

(2) The County shall use non-herbicidal control methods, including prevention, as its preferred tools for roadside vegetation management. Permitted herbicides shall be used only as a last resort when other options have been proven ineffective.

(3) The listing of Willamette River Steelhead and Chinook Salmon under the Endangered Species Act has heightened awareness of the impact that common practices have on the environment. Recent studies documenting the presence of herbicides in area streams and effects of herbicides on salmon point to the need for public agencies to serve as models of environmental stewardship in landscape management. (Revised by Ordinance No. 12-03, Effective 9.11.03)

ODOT’s proposed “Last Resort” pilot project should be modeled after Lane County’s Integrated Vegetation Management program which prohibits the routine and seasonal use of herbicides to deter unwanted vegetation along roadsides. The “Last Resort” instead institutionalizes a policy of regular assessment of road conditions, mechanical (e.g., mowing, scrapping, pulling) and non-toxic methods of controlling weeds (e.g., planting competing native species such as wildflowers), and scientifically determining if a “need” exists for chemicals before resorting to the use of herbicides. There is no such thing as “routine” herbicide applications on roadways in Lane County!

Ending routine herbicide applications on roadsides and adopting a Last Resort policy that mandates non-toxics alternatives as the preferred roadside maintenance strategy is necessary to protect the immediate health of Oregonians and our future generations. A review of the scientific literature on the human health hazards of herbicide exposure is showing a probably link between exposure and fetal harm. For example, toxicological studies now suggest that parental exposure to herbicides and increased risk of spontaneous abortion. Two peer-reviewed articles serve as an example:

Exposure to phenoxy herbicides and the risk of spontaneous abortion. Epidemiology 10:752-760, 1999. Summary: The results suggest a possible role of preconception (possibly paternal) exposures to phenoxy herbicides in the risk of early spontaneous abortions.

2,4-Dichlorophenoxyacetic acid residues in semen of Ontario farmers. Reprod Toxicol 13:421-429, 1999. Summary: As these pesticides (2,4-D) can be excreted in the semen, they could be toxic to sperm cells and be transported to the woman and developing embryo/fetus. Further research is needed to understand how pesticide handling practices can affect semen pesticide residues and the relationship between the levels observed and reproductive health.

Issue 4: ODOT’S PROPOSES TO USE ROUTINELY HERBICIDES TO CONTROL NOXIOUS AND INVASIVE WEEDS, A CHOICE THAT MAY VIOLATE THE FEDERAL CLEAN WATER ACT.

OTA recognizes that certain infestations may be detrimental to native plant populations. However, there should be a high bar to determine what constitutes an noxious weed infestation. For example, a weed may be so prevalent all over the state that it makes no sense to “eradicate” it. “Control” by mechanical means may be the best option.

In fact, the State is authorized but not legally obligated to use chemical herbicides to control noxious and invasive weeds. The 9th Circuit Court holds that chemical herbicides, even when used according to their label, are “pollutants” within the meaning of the Clean Water Act (CWA) if they find their way into tributaries of the “waters of the US.” (Headwaters, Inc. v Talent Irrigation District, 343 F3d 526, 9^th Circuit 2001) The 9th Circuit Court of Appeals ruled that herbicides used to control weeds along irrigation canals were pollutants, that canals were tributaries of waters of the US and that if an herbicide would enter the water, the user was required to obtain an EPA water pollution permit under 33 U.S.C. Section 1342.

Solution: The vast majority of noxious and invasive weeds can and should be treated with non-toxic, alternative methods before the use of a chemical treatment. There may opportunities to control noxious species in a timely and efficient way with the very limited use of a herbicide with an injected application treatment in conjunction with the establishment of stable, low maintenance vegetation.

In closing, Oregon Toxics Alliance, along with other key environmental groups and representatives of the State agencies, met with Mike Carrier, the Governor’s Natural Resources advisor on two occasions to vet policy options that will move Oregon in a direction that promotes environmental health, safer alternatives to toxics and a significant reduction in toxic chemical use. Lucy Moore represented ODOT at the second of these meetings. In light of the Governor’s attention to the matter of reducing toxic chemicals, including the reduction of herbicides on public highways and roads, we urge members of the Oregon Transportation Commission to keep Oregon’s highways safe and sustainable while simultaneously practicing public health and environmentally accountable road maintenance strategies. Please adopt policies that implement a strong and clearly defined “Last Resort” herbicide policy on all Oregon highways.

Roadside Spraying - OTC Testimony (April)