CDFA will be conducting a Private Applicator Certificate Training Session and Exam next Tuesday, October 29^th at the Westside Field Station in Five Points.  Please note:

Additional information for the exam:

• Everybody will need to show identification.
• An employee must have a Letter of Authorization from the owner for that employee to be allowed to take the PAC exam. This form is attached to this email. 
• If a person fails the PAC exam, they must wait 7 days before they can take it again.
• Both the PAC exam and BVF exam are available to be taken at our Fresno office now. There is no need to wait until next week if individuals believe they can pass the exam. We can set up group exams as well.

Presenting this past week at the Air Quality and Health Conference, sponsored by the Health Sciences Research Institute and the Department of Public Health at the University of California Merced, Association President/CEO Roger Isom stated “We all need to work together to help support programs like FARMER to keep financial incentives coming to the Valley”.  The two-day conference was held at UC Merced on October 17 and 18, 2024, and according to the Institute was intended to bring together the many people working on air quality across the San Joaquin Valley and California to share current research, discuss new research directions, and discuss what policies, actions, and education are needed to improve air quality and public health.  Attendees included community members and organizations, university and government scientists, policymakers and regulators, and senior leadership from local and state health and environmental agencies.  As expected, environmental justice advocates took the opportunity to attack and criticize the ag industry and lamented that agriculture should be “forced to accept a mandatory replacement tractor rule,” as voiced by one activist.  Isom responded “agriculture is different from other industries in the fact we have no way to pass along the cost due to the world marketplace.  Buyers will simply buy from another country that can supply the product at a cheaper price”.  To which the crowd stated, “we want to see your profits!”  Also maligned was the Department of Pesticide Regulation (CDPR) by activists demanding more action against pesticide applications.  Activists criticized CDPR for not having enough air monitoring stations, misstating facts and poisoning farmworkers.  For a conference designed to bring people together it only served to further the divide.

This week, Assemblywoman Lori Wilson (11^th Assembly District) visited Mid Valley Cotton Growers Tulare gin in Tulare.  Mid Valley Gin Manager Wade Van Hooser walked Ms. Wilson through the gin explaining the ginning process while discussing some of the critical issues facing cotton gins today including high energy prices and the high cost of insurance coverage for gins, or lack thereof.  The tour was part of a day long tour which also included visits to a walnut huller, agave and pistachio farm, and pistachio processor.   On the tour was Association President/CEO Roger A. Isom and Director of Technical Services Christopher McGlothlin.

The California Department of Pesticide Regulation has released its annual Air Monitoring Report, which found that no air samples taken at monitoring sites in 2023 detected pesticides at or above health-protective screening levels or regulatory targets. DPR operates four monitoring stations in areas with high pesticide use: Oxnard, Santa Maria, Shafter and Watsonville. The stations collect weekly air samples, which are tested for 40 pesticides.  The 2023 data found that 95% of all samples collected had no detectable pesticides. Twenty-one pesticides were not detected at all, and 11 were detected at very low, trace levels which indicates unlikely risk to or impact on people’s health.  Seven pesticides were detected at quantifiable levels, with detections falling below health-protective screening levels or regulatory targets. Those pesticides were 1,3-dichloropropene, captan, dichlorvos (DDVP), methyl isothiocyanate (MITC), malathion, methyl bromide and pendimethalin.  DPR measures air against screening levels and regulatory targets. Regulatory targets are screening levels associated with a regulatory requirement to mitigate pesticide risks or impacts. A pesticide detection below a specific screening level or regulatory target indicates that adverse health effects are unlikely, including short-term (acute) pesticide impacts, such as eye or throat irritation, nausea, headaches or blurred vision, or long-term (chronic) pesticide risks such as birth defects or nervous system problems. DPR also measures for exposures that could increase the lifetime risk for cancer.  “Monitoring the air in communities with high pesticide use is critical to keeping California safe for everyone,” said DPR Director Julie Henderson. “I am encouraged to see that all of the 2023 pesticide concentrations fall below our health screening levels.

It’s time for nominations to be submitted for the upcoming election of directors to open positions on the Board of Directors of the California Cotton Ginners and Growers Association.  There are four (4) Grower Director terms expiring this year, including Bryan Bone and Jake Cauzza of Kern County, and Cannon Michael and a vacancy in Merced County.   The positions are for these specific counties. There are also four (4) Ginner Director terms expiring this year, including Rosie Navarro, Adrianne Carbonel, Wade Van Hooser and Matt Toste.   Nominations forms are being sent out this week and all nomination forms must be completed and returned to the Association office by Wednesday, November 27^th, 2024.  Please take time to nominate one or more Ginner or Grower candidates in good standing with the Association (and yourself if you intend to be a candidate) and make sure that each person you name agrees to being nominated and files the Candidate Statement form required to be placed on the ballot for the upcoming election. The form must be completed for each nomination, so please copy the form if you nominate more than one person and provide the form to each person you nominate.    Thank you for your participation in the process. Please feel free to contact me at (559)252-0684 or via email at roger@ccgga.org if you have any questions.

This week the California Cotton Ginners and Growers Association hosted Assembly Agricultural Committee Vice Chair Juan Alanis (22^nd Assembly District) at Olam Cotton’s Silver Creek Gin in Firebaugh.  The site visit was part of a larger two-day tour that included visits to a citrus packing house, stone fruit and table grape operation, pistachio processor and an almond huller.  While visiting the cotton gin, Manager Matt Toste (CCGGA Past Chair) explained the entire cotton ginning process while highlighting some of the key issues facing the cotton industry such as the state’s critical water situation, overreaching air quality regulations and inequity in labor costs compared to other states and countries.  Participating in the site visit was Association President/CEO Roger Isom, Assistant Vice President Priscilla Rodriguez, and Director of Technical Services Christopher McGlothlin.  Partnering organizations included the Western Agricultural Processors Association, California Citrus Mutual, California Fresh Fruit Association and American Pistachio Growers. 

This week the U.S. Environmental Protection Agency is announcing a final rule to restore the pesticide Application Exclusion Zone (AEZ) requirements under the 2015 Agricultural Worker Protection Standard (WPS).  The AEZ is an area surrounding outdoor pesticide application equipment where people are prohibited while pesticides are applied. This rule finalizes the agency’s 2023 proposed rule without change.  It reinstates AEZ protections, extends protections for neighboring communities, makes requirements easier to understand, and provides flexibilities for family farms without compromising protections.

Application Exclusion Zone

In 2015, EPA made significant changes to the Worker Protection Standard (WPS) regulation to reduce incidents of pesticide exposure among farmworkers and their family members. These changes include creating the “Application Exclusion Zone” (AEZ), an area with additional requirements to protect workers and bystanders. This area immediately surrounds the pesticide application equipment during an outdoor pesticide application. The AEZ only exists during the application, moves with the equipment during application, and can extend outside of an agricultural establishment (e.g., school grounds, residential neighborhoods). The 2015 regulation required that pesticide applicators suspend their applications if anyone is in the AEZ. It also required employers to ensure that the AEZ requirements are understood and followed and prohibited employers from directing or allowing any of their workers to enter an AEZ.

In 2020, the previous administration published a rule limiting AEZ protections to agricultural establishments and shrinking the size of the AEZ from 100 feet to 25 feet for some ground-based spray applications.  In 2021, EPA began reviewing the 2020 AEZ Rule in accordance with Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. The agency determined that the provisions in the 2020 AEZ Rule that weakened protections for farmworkers and nearby communities from pesticide exposure should be rescinded. The proposed rule to reinstate several provisions of the 2015 rule was published in March of 2023.   With this new action, EPA is finalizing its 2023 proposed rule without change.  The final rule reinstates several 2015 WPS provisions protecting farmworkers and bystanders, including:

• The AEZ suspension requirement will apply beyond the boundaries of the agricultural establishment.
• The AEZ suspension requirement will apply in easements on the establishment (for example, easements for utility workers to access telephone lines).
• The AEZ distance for ground-based applications will be:
  • 25 feet for applications with medium or larger droplets when sprayed from a height greater than 12 inches from the soil surface or planting medium.
  • 100 feet for applications with fine droplets.

Additionally, the final rule includes two revisions that the agency believes provide clarity and flexibility for growers and farming families without increasing risk to farmworkers and bystanders:

• An “immediate family exemption” that allows farm owners and their immediate family to remain inside enclosed structures or homes during pesticide application. This exemption, which is limited to farming families, provides them the flexibility to decide whether to stay on-site during pesticide applications, rather than compelling them to leave even when they feel safe remaining in their own homes.
• A clarification that suspended pesticide applications can resume only after people leave the AEZ.

EPA will release interim guidance by the end of October to support the regulated community in complying with the new rule and will accept feedback on how to improve the guidance after its release.  The new rule will be effective 60 days after publication of the federal register notice and will be available in docket EPA-HQ-OPP-2022-0133 at the Regulations.gov page.

We have received word from the San Joaquin Valley Air Pollution Control District regarding some abnormally bad air quality due to the air stagnation we are experiencing right now.  They have asked industry to consider curbing or delaying activities as much as possible until conditions change this weekend or early next week.  There is their statement:

The prolonged high temperature conditions in the Valley, dry conditions, impacts from wildfires, and a very strong high pressure system over the Valley will continue to negatively impact air quality in the region over the next several days, particularly in Madera, Fresno, Kings, Tulare, and Kern Counties.  This “lid” of high pressure firmly in place over the bowl of the Valley has continued to influence air quality, elevating ozone, PM2.5, and PM10 concentrations.  In light of the current elevated air quality impacts, the District strongly encourages the maximization of practices to reduce dust and other emissions as much as possible from agricultural and construction activities.  As poor dispersion conditions are expected to continue into early next week, any further actions taken to reduce emissions will help protect the health of all Valley residents during this challenging period.

While it may be a challenge, if the air quality worsens and the valley is thrown back into non-attainment for PM10 the consequences could be extreme, especially on sources of dust.  We encourage folks to seriously consider the District’s request when and where possible.

The California Cotton Ginners and Growers Association (CCGGA) is pleased to announce that $2 million has been allocated to the Funding Agricultural Replacement Measures for Emission Reductions (FARMER) Program in the final hours of the 2023-24 Legislative session. This funding, administered by the California Air Resources Board (ARB), will continue to support California’s agricultural sector in reducing air pollution and greenhouse gas emissions through the replacement of outdated, high-emission equipment with cleaner alternatives.  The FARMER Program has been one of the most successful programs to date improving air quality across the state, particularly in regions heavily impacted by poor air quality, and directly contributes to California’s ambitious climate goals.  “We are thrilled to see the continued investment in the FARMER Program,” said Roger Isom, President/CEO of CCGGA. “This funding will enable our members to make meaningful strides in improving air quality, while also ensuring that California’s agriculture remains competitive.”

The $2 million allocation will be directed towards the replacement of high-emission tractors, trucks, irrigation pumps, and other agricultural equipment. These upgrades are not only essential for meeting state and federal air quality standards but also for protecting the health of California’s agricultural communities and preserving the state’s natural resources.  In a year of significant budget deficit, this funding would not be impossible without the leadership of Pro Tem Emeritus Senator Toni Atkins (D-San Diego). An ally of the agricultural community, Senator Atkins partnered with members like the chair of the Assembly Agriculture Committee, Esmeralda Soria (D-Merced), to ensure resources were included in the final hours of the Legislature’s budget negotiation.

“Even during tough budget years, we need to move forward with our climate goals,” says Senator Toni Atkins. “Investing in clean technology through the FARMER program is a win for all of us.” Since 2017, the FARMER program has resulted in the reduction of 368,000 metric tons of carbon dioxide equivalent, over 1,500 tons of fine particulate matter, and over 26,000 tons of nitrous oxide.

“We need to continue to invest our resources in programs with a proven track record that serves our communities, our businesses and our environment. FARMER is the definition of multi-benefit,” says Assemblywoman Soria.

CCGGA extends its gratitude to the Senator and Assembly member for their ongoing commitment to supporting California agriculture. The Association remains dedicated to working with its members, CARB, and other stakeholders to ensure the successful implementation of the FARMER Program and to advocate for continued support in future budgets.

The U.S. Environmental Protection Agency (EPA) has announced its Vulnerable Species Action Plan (VSAP), finalizing its transition from its June 2023 Vulnerable Species Pilot (VSP) in order to help conserve federally threatened and endangered (listed) species from pesticides.  As part of implementing EPA’s Endangered Species Act Workplan, the VSAP is intended to provide a framework for EPA to adopt early, meaningful protections to address potential impacts for listed species that EPA identifies as particularly “vulnerable” to pesticides.  The plan describes the framework that EPA will use for vulnerable species when considering Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) actions for conventional pesticides (such as new chemical registrations and registration review).  EPA plans to incorporate mitigations from the VSAP into applicable pesticide actions, even if EPA has not yet determined effects under the Endangered Species Act (ESA) or consulted with the U.S. Fish and Wildlife Service (FWS). EPA will address species listed by the National Marine Fisheries Service (NMFS) through a separate process.  The VSAP describes how the approach EPA plans to use to evaluate potential impacts to these listed species and any associated mitigations, and how EPA plans to expand the approach to additional listed species in the future.    In the VSAP, EPA has identified 27 species listed by FWS in the lower 48 states as “vulnerable species” and within the scope of the VSAP.  The species include the following:

The VSAP applies a three-step framework which builds off the herbicide and insecticide strategies and is intended to provide similar mitigations for the vulnerable species for pesticides with similar characteristics (e.g., exposure, toxicity, application method). The VSAP identifies the potential for impacts (Step 1), the type and level of mitigation (Step 2), and where mitigation applies (Step 3).  Any needed mitigations will only apply in geographically specific areas (referred to as Pesticide Use Limitation Areas or PULAs).  EPA is refining the species maps that it will use for PULAs and will not implement the VSAP in registration review until those maps are refined, which will likely be later in 2024.  The VSAP includes mitigations for common exposure routes, including spray drift and runoff, but also addresses other routes of pesticide exposure to the vulnerable species. Examples include on-field exposure to a vulnerable species and pesticide volatilization (the movement of pesticide vapors through the air). This action plan, along with the Ecological Mitigation Support document, are available in the public docket EPA-HQ-OPP-2023-0327 at regulations.gov, and on EPA’s website.