EPA Publishes Update on Herbicide Strategy Progress

The U.S. Environmental Protection Agency (EPA) is releasing an update to its draft Herbicide Strategy, which is part of the Agency’s plan to improve how it meets its Endangered Species Act (ESA) obligations. The revised draft strategy is in response to comments received on the initial draft. The draft strategy, which EPA released for public comments in July 2023, describes whether, how much, and where mitigations may be needed to protect listed species from agricultural uses of conventional herbicides. The goal is for EPA to use the strategy to proactively determine mitigations for registration and registration review actions for herbicides even before EPA, the U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) formally complete the lengthy ESA determination on whether an herbicide has effects on a listed species. EPA received extensive comments on the draft strategy, who identified concerns with specific aspects of the draft strategy and suggested revisions. EPA plans to make a number of improvements to the draft based on this feedback, with the primary changes falling into three categories.

  • Making the strategy easier to understand. Many commenters noted the complexity of the strategy to determine the amount of mitigation a label requires for a particular pesticide—up to nine points of mitigation. In response, EPA is simplifying its approach, such as by using four tiers—none, low, medium, high—to describe the amount of mitigation that may be needed for each herbicide. EPA also plans to create educational materials that concisely explain the four-tier mitigation approach.
  • Increasing flexibility for growers to implement the mitigation measures in the strategy. EPA expects to expand its mitigation measures, especially for specialty crops such as cherries and mint, to include new measures such as erosion barriers, reservoir tillage, and soil carbon amendments. EPA is also working with the U.S. Department of Agriculture (USDA) and other organizations to identify other measures to add to the mitigation menu that can reduce pesticide runoff and erosion.
  • Reducing the amount of mitigation that may be needed when growers have already adopted voluntary practices to reduce pesticide runoff or where runoff potential is lower due to geography. For example, in areas of the country with flat lands or minimal precipitation where runoff potential is low, growers may need less or no additional measures to use agricultural herbicides, compared to what is currently in the draft strategy. EPA is also considering whether growers could meet any necessary mitigation requirements if they participate in agricultural conservation programs or work with qualified experts to design and implement mitigation measures.

EPA is also working on other changes to the Herbicide Strategy and how it is implemented. For many listed species, the maps used in the draft strategy for determining where mitigation measures would apply are often too broad, covering areas not needed to conserve the species. EPA is working with FWS and others to develop a process for refining maps for hundreds of species. Through this work, EPA expects that the land area subject to the pesticide restrictions under the final strategy could shrink for many species.  The Agency expects to publish the final strategy in August 2024.

Bureau Increases Federal Water Allocation

This past week the Bureau of Reclamation announced an increase in Central Valley Project 2024 water supply allocations. After below average precipitation in January, Reclamation announced an initial water supply allocation for the CVP on Feb. 21. Mid to late February storms have since improved hydrological conditions particularly for Northern California, allowing for a more robust water supply allocation.   "Thanks to the improved hydrology, we are pleased to announce a bump in water supply allocations for the Central Valley Project,” said California-Great Basin Regional Director Karl Stock. “While the series of storms in Northern California improved the water supply outlook, a number of factors, particularly anticipated regulatory constraints throughout the spring, continue to limit the water supply allocation for south-of-Delta agriculture.”  In recognition of recent efforts to develop a south-of-Delta drought plan, Reclamation is reserving approximately 83,000 acre-feet of water currently in San Luis Reservoir that will contribute to a drought reserve pool and is not considered as a volume of water available for this year’s water supply allocations. Additionally, approximately 185,000 acre-feet of rescheduled water from the 2023 water year, also stored in San Luis Reservoir, is not included in the 2024 water supply allocation. Based on current hydrology and forecasting, Reclamation is announcing the following increases to CVP water supply allocations: 

North-of-Delta Contractors

  • Irrigation water service and repayment contractors north-of-Delta are increased to 100% from 75% of their contract total.

South-of-Delta Contractors

  • Irrigation water service and repayment contractors south-of-Delta, including Cross Valley Contractors, are increased to 35% from 15% of their contract total.
  • M&I water service and repayment contractors south-of-Delta are increased to 75% of historical use or public health and safety, whichever is greater, up from 65% of historical use.

Friant Division Contractors

  • Friant Division contractors’ water supply is delivered from Millerton Reservoir on the upper San Joaquin River and categorized by Class 1 and Class 2. The first 800,000 acre-feet of available water supply is considered Class 1; Class 2 is considered the next amount of available water supply up to 1.4 million acre-feet. Class 1 is increased to 65% from 60%; Class 2 remains at 0%.

As the water year progresses, changes in hydrology, actions that impact operations, and opportunities to deliver additional water will influence future allocations. 

Cal/OSHA Adopts Indoor Heat Illness Standard – Will it Stick?

This week the Cal/OSHA Standards Board approved the “Indoor Heat Illness” Standard.  However, they did so in defiance of direction from the Department of Finance who notified the Standards Board Wednesday that the regulation would not be approved due to significant costs to its own states agencies, supposedly the state prison system.  After notifying the public at its hearing in San Diego, activists ran wild chanting and protesting and eventually shutting the hear down.  Later, the Standards Board reconvened and adopted the standard anyway, allegedly as a sign of protest the last-minute direction from the state.  The Association has actively been engaged in opposition to the proposed standard stating it would cost millions to retrofit ag buildings, such as cotton gins, nut hullers and processors and farm shops.    The Association even made a standalone presentation to the Standards Board last June on the matter.  Unfortunately, those concerns went largely unnoticed until the State’s own agencies determined how costly compliance would be.  So now we wait to see what the state will do.  The Department of Finance must approve the regulation for it to go into effect, so we are in uncharted territory here.  Stay tuned to hear the latest.

Association Addresses Senate Ag Committee on Energy Issues

This week, Association President/CEO Roger A. Isom spoke to the Senate Ag Committee as a panelist at a committee hearing entitled “Navigating Threats to California Agriculture – Continuing the Discussion.”  Speaking on behalf of not only the California Cotton Ginners and Growers Association (CCGGA) and the Western Agriculture Processors Association (WAPA), but also the Ag Energy Consumers Association of which he chairs the board, Isom was one of five panelists that addressed everything from SGMA and water to energy, land use and pesticides.  Isom focused on the impacts of the State’s efforts to address climate change and how the shortage of electric infrastructure, skyrocketing electric rates and the high cost of new electric equipment will make California agriculture even more non-competitive than it is today.  Isom opened his comments by stating “California is headed for a train wreck.  Agriculture in California is doing these things to address climate change and the state is not ready.  We don’t have the infrastructure; we already pay the highest electric rates in the country, and we cannot pass along the cost to pay for the new infrastructure or the new equipment.”   Senate Ag Committee Chair Melissa Hurtado thanked Isom for his comments and thought the hearing was important for the legislature to hear the concerns.  Will the legislature do anything to step in and change things.  Only time will tell.  But one thing is for sure.  Electric rates are getting a lot of attention by the legislature, and we are only beginning to feel the pain.  Maybe this will be our opportunity to reign this runaway freight train in.

energy issues crop

24 States Sue EPA To Overturn Tougher PM NAAQS

This week twenty four (24) states filed a lawsuit against Federal EPA to vacate the Agency’s recently strengthened national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5).   The lawsuit was filed the very same day as EPA published the rule in the Federal Register, opening a 60-day window for litigants to file petitions for judicial review. The 24 states suing EPA over the rule are: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wyoming.  These same states urged the Biden administration before the rule was promulgated not to proceed with tougher standards.  “Petitioners will show that the final rule exceeds the agency’s statutory authority and otherwise is arbitrary, capricious, an abuse of discretion, and not in accordance with law. Petitioners thus ask that this Court declare unlawful and vacate the agency’s final action,” the States say in their suit.  EPA’s rule tightens the prior annual “primary,” or health-based standard for PM2.5 from 12 micrograms per cubic meter (ug/m3) down to 9 ug/m3. Most believe the new standard will place many more areas into “nonattainment”  and as a result these areas must develop state implementation plans (SIPs) outlining measures to attain the limit and must impose tougher-still permitting requirements on new and modified industrial facilities.  For California, especially the San Joaquin Valley, this new standard will be problematic to meet and could trigger even tougher requirements on farm equipment and even tighter fugitive dust regulations.

  1. Association’s Priscilla Rodriguez Joins Water Blueprint Board
  2. Cal/OSHA Considering 4th Draft of Walking/Working Surfaces Regulation
  3. Association Attends Meeting with Senator Butler and Congressman Costa
  4. Association President/CEO Isom Addresses APMA Convention

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Governor Signs Ag Overtime Bill

Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers, commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that minimum wage legislation was also passed that will take California to the highest minimum wage as well as legislation forcing California to adopt additional greenhouse gas regulations for businesses in California. California is the only state in the country subject to such regulations. Today’s signing occurred despite numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The message is clear. California simply doesn’t care. These provisions will be phased in over the next few years ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.

In the Beginning As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and effective representation at the local, state and national levels. Having enjoyed such effective representation over the years from the California Cotton Ginners and Growers Associations, these folks yearned for the same representation in the tree nut processing industry. Issues such as air quality, food safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a significant need for an aggressive and dynamic Association to lead the industry into the next decade and beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009. The Western Agricultural Processors Association (WAPA) shares staff and office space with the California Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative and legal issues fall under the purview of this new organization for the tree nut processing industry, which includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA has assembled one of the best and most capable staffs in the industry, and the results are already starting to show Membership The Western Agricultural Processors Association represents facilities involved in the processing of almonds, pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and processors. Associate memberships are limited to any individual or business entity which is not engaged in agricultural processing, but which provides products or services directly related to the agricultural processing industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and insurance brokers. Organization The Western Agricultural Processors Association is governed by a Board of Directors, elected by its membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school for its members focused on safety.In combination with the school, the Association holds a Labor Management Seminar for all of the managers. Consulting Services In researching and considering the concept of forming a new organization, the Boards of Directors for the California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a consulting basis first. The point was to determine the workload from consulting and to determine if there was sufficient interest. In November of 2007, the Association began conducting services under consulting contracts for such services as air quality permits and safety plans.The effort has been so successful that demand has progressed outside the tree nut industry into other agricultural processing facilities, including vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting services to provide offsetting income to help with the expenses of getting the new organization up and running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry, by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).