Environmental Protection Agency's Procedures for Suspending a Pesticide

As a result of congressional concern that the Environmental Protection Agency's (EPA) emergency suspension of major uses of two pesticides may not have been based on scientifically validated studies, GAO reviewed EPA procedures for suspending a pesticide's use. The dioxin pesticides in question were primarily used to kill or control undesirable vegetation in forests, range and pasture lands, rights-of-way, and rice fields. In 1978, after receiving a letter claiming that the dioxins had caused miscarriages in eight women, EPA began investigations to determine if there was a relationship between the miscarriages and the pesticide use. In 1979, the contractors completed their reports and submitted them to EPA, which issued a final report that concluded that there was a statistically significant increase in miscarriages in areas where the dioxins were used. EPA issued emergency orders immediately suspending forestry, right-of-way, and pasture uses. GAO reviewed EPA procedures for reviewing and validating epidemiological studies to determine whether EPA has followed the procedures. EPA has no written policy or procedures, but officials told GAO that EPA sometimes asks for peer reviews of a study's design before beginning a review and generally obtains peer reviews of study results after they are completed. These reviews are generally done by two to four scientists who are experts on the subject matter but who have not been involved in the project being reviewed. Officials said that EPA did not obtain reviews of the dioxin studies due to time contraints. There was little documentation of peer reviews of the study's results. EPA established a Scientific Advisory Panel to provide advice on the impact of its pesticide regulation actions. However, the Administrator of EPA waived the requirement for obtaining the Panel's comments in this case. GAO was concerned that there was apparently little independent scientific evaluation of important evidence EPA relied on when deciding to suspend use of the pesticides. It concluded that EPA should make more use of the Scientific Advisory Panel and the Science Advisory Board on important pesticide regulatory actions. GAO felt that an amendment to the Insecticide, Fungicide and Rodenticide Act which would either require the Administrator to seek the Panel's advice before issuing a final suspension order or to develop regulations to seek the Panel's advice before issuing a final suspension order is desirable.