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Calif. Dept. of Pesticide Regulation sued for failing to comply with Toxic Air Contaminant (TAC) law

SACRAMENTO, CA (01/21/05) -- The California Department of Pesticide Regulation (DPR) has been sued by a coalition of environmental health and community groups to force the DPR to comply with the state's Toxic Air Contaminant (TAC) law. The law, enacted in 1984, requires DPR to assess all pesticides as potential air contaminants and regulate them in order to protect public health.

According to the suit, of the more than 900 pesticides registered in California, the DPR has completed the review process for only four in the past 20 years. The groups say the of the 172 million pounds of pesticides reported used in 2002 in California, more than 90% are prone to drifting away from where they are applied and becoming airborne toxins. They say compliance with the TAC law is increasingly important because pesticides are a major component of air pollution in California’s Central Valley. 

"Millions of Californians are exposed to airborne pesticides against their will," said Susan Kegley, PhD, Senior Scientist at Pesticide Action Network. "Like secondhand smoke, these ‘secondhand pesticides’ put us at risk of serious health problems such as asthma, cancer and neurological damage. For over 20 years, DPR has ignored its duty to uphold the Toxic Air Contaminant law and shirked its responsibility to protect the health of Californians."

The groups filing the lawsuit want DPR to comply with its duty under TAC to assess all pesticide toxic air pollutants on a timely schedule, to take action to reduce the health impacts of these air pollutants, and to comply with the sections of the law requiring public transparency and input, review by an independent Scientific Review Panel, and substantive cooperation with the Air Resources Board and the Office of Environmental Health Hazard Assessment (OEHHA).

The filing organizations—Pesticide Action Network North America, Californians for Pesticide Reform, Grayson Neighborhood Council, Wishtoyo Foundation/Ventura Coastkeeper, Neighbors at Risk, Association of Irritated Residents and Community and Children’s Advocates Against Pesticide Poisoning.

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