EPA Releases Rodenticide Strategy, Including Final Biological Evaluation

The U.S. Environmental Protection Agency (EPA) has released the final biological evaluation (BE), and associated response to comments, for 11 rodenticide active ingredients.  The mitigation measures described in this final BE will also serve as the agency’s Rodenticide Strategy as outlined in EPA’s Endangered Species Act (ESA) Workplan.   According to EPA, each year rodents cause significant damage to property, crops, and food supplies. They may also spread diseases, posing a serious risk to public health. Rodenticides are used in residential, agricultural, and non-agricultural settings to control a variety of pests including house mice, Norway rats, roof rats, moles, voles, pocket gophers, prairie dogs, ground squirrels, feral hogs, and mongooses.  

The 11 rodenticides evaluated in the BE are: chlorophacinone; diphacinone and its sodium salt; warfarin and its sodium salt; brodifacoum; bromadiolone; difenacoum; difethialone; bromethalin; cholecalciferol; strychnine; and zinc phosphide. These rodenticides are intended to control target animals using different biochemical mechanisms (e.g., neurotoxicity, reduced blood clotting).  EPA’s final BE finds that the currently labeled uses of the 11 rodenticides evaluated in this assessment remained the same as those in the draft BE, and:   

• Will have no effect on 88% of species and 95% percent of critical habitats; 

• Are not likely to adversely affect 4-11% of species and 1% of critical habitats; 

• Are likely to adversely affect 1-8% of listed species and 4% of critical habitats; and,  

• Have a likelihood of future Jeopardy/Adverse Modification (J/AM) of less than5% of listed species and less than 1% of critical habitats.  

The final BE describes several scenarios intended to illustrate how EPA may implement mitigations from the Rodenticide Strategy as each rodenticide goes through registration review and for new active ingredient registrations.  It provides additional clarity regarding the applicability of each mitigation measure to each rodenticide product and use, and how EPA anticipates implementing these measures.  The final Rodenticide Strategy does not itself impose any requirements or restrictions on pesticide use. Any mitigation measures needed to address potential likelihood of future J/AM for listed species will only apply in geographically specific areas where listed species with J/AM predictions are located, using EPA’s Bulletins Live! Two system, as part of label language, or in the Terms and Conditions of registration. 

The Association has already been in contact with CDFA as we evaluate the impact of these regulations on the tree nut industry.

Associations Conduct Air District Permit Training

The California Cotton Ginners and Growers Association (CCGGA) and Western Agricultural Processors Association (WAPA) in partnership with Cardinal Professional Products conducted a day long tour and training session on cotton gins and tree nut hullers and processors on air pollution permitting and issues. 24 engineers from all three regions (North, Central and South) of the San Joaquin Valley Air Pollution Control District attended the training which included classroom training on fumigation practices and procedures, as well as cotton gin operation and how its air pollution control works. In addition, basic tree nut huller operation was introduced and demonstrated. The purpose of the training was to help permitting engineers know and understand the process of these operations to help expedite permitting times. The group toured Perfect PAC  LP, led by WAPA Board Member Jason Baldwin, Sierra Valley Almonds, led by WAPA Board Members Jim Sears, and Olam Cotton’s Silver Creek Gin, led by CCGGA Board Member Matt Toste. The training was led by the Association’s Director of Technical Services Christopher McGlothlin and President/CEO Roger A. Isom. Representing Cardinal Products was Doug Belle and Kevin Willet. 

Association Pushes for More Incentives at Study Session

Last week, the Association’s Director of Technical Services Chris McGlothlin was given the opportunity to speak at the San Joaquin Valley Air Pollution Control District’s (Air District) Annual Study Session. The Study Session meeting provides an opportunity for the Air District and stakeholders to strategize on upcoming rules and tightening air emissions regulations.  The event kicked off with a press conference, where McGlothlin highlighted the importance of incentive programs such as the Tractor Trade In program, while emphasizing the current state of the industry.  “The industry is facing the worst commodity prices in the last 5 years, difficult export markets, and tightening regulations across all aspects of the industry. Even amongst all of these conditions, the agricultural industry goes above and beyond to do its part to meet and exceed emission reduction goals”.  

During the meeting portion, the Air Resources Board (CARB) as well as EPA Region 9 provided updates on compliance plans for various standards. Both agencies took the time to highlight the Air District’s success in meeting the stringent standards. A significant amount of credit goes to the ag industry for turning over enough equipment to not only meet the proposed emission reduction requirement, but to do it in a quicker timeframe than a traditional regulatory approach.  Unfortunately, many Valley businesses face an uphill battle with the recently passed 2024 Rule, which lowers the particulate concentration limit from 12 micrograms to 9 micrograms. Stay tuned for more!

EPA Approves SIP Revision and Farm Equipment Emission Reductions

The Environmental Protection Agency (EPA) is finalizing approval of a state implementation plan (SIP) revision submitted by the State of California to meet Clean Air Act (CAA or ‘‘Act’’) requirements for the 1997 fine particulate matter (PM2.5) national ambient air quality  standards in the San Joaquin Valley ‘‘Serious’’ nonattainment area. The EPA is also finalizing a one-year extension of the applicable attainment date from December 31, 2023, to December 31, 2024, for the 1997 annual PM2.5 San Joaquin Valley, California, nonattainment area based on their evaluation of air quality monitoring data and the extension request and supporting information submitted by the State of California. Earlier this year, EPA proposed two actions including  ‘‘Amendments to the 15 mg/m3 SIP Revision and Agricultural Equipment Incentive Measure for the 1997 PM2.5 Standard’’  as a revision to the California SIP. These amendments seek to amend a SIP approved measure, the ‘‘Accelerated Turnover of Agricultural Equipment Incentive Projects’’ (‘‘Valley Incentive Measure’’), to include a quantification of the emissions reductions for the year 2023 from existing agricultural equipment projects from the California Air Resources Board’s (CARB’s) Carl Moyer Memorial Air Quality Standards Attainment Program (‘‘Carl Moyer’’) and CARB’s Funding Agricultural Replacement Measures for Emission Reductions (FARMER) program and seek EPA approval of those emission reductions for SIP credit. This action now formally recognizes the emissions reductions created by farmers replacing their tractors and harvesters voluntarily and formally acknowledges the Valley Incentive Measure has achieved emissions reductions of 5.0 tons per day (tpd) of nitrogen oxides (NOX) and 0.27 tpd of direct PM2.5 in the year 2023. In the second action, based in part on our proposal to approve the 15 mg/m3 Plan Amendments, the EPA proposed to grant California’s request for a one-year extension of the applicable attainment date from December 31, 2023, to December 31, 2024, for the 1997 annual PM2.5 San Joaquin Valley, California, nonattainment area. The proposed action to extend the applicable attainment date for this nonattainment area was based on the EPA’s evaluation of air quality monitoring data and xtension request submitted by the State of California, and our determination that the State has satisfied the two statutory criteria for a one-year extension under the Clean Air Act.  This is huge news for the San Joaquin Valley.