NEWS & ISSUES

Association’s Christopher McGlothlin Appointed to USDA Ag Air Quality Task Force

The U.S. Department of Agriculture (USDA) has announced the selection of 27 new members to its prestigious  Task Force on Agricultural Air Quality Research.  The Task Force examines the intersection of agricultural production and air quality, and advises the secretary on scientifically sound, cost-effective, federally supported agricultural solutions that can help improve air quality.  The Task Force members are from diverse backgrounds, including agricultural producers, agricultural industry representatives, researchers, scientists and members of health and regulatory organizations, who have an interest and expertise with agriculture air quality issues.  The newly selected members will serve a term of up to two years. One of the new members will be the Association’s Director of Technical Services Christopher McGlothlin!   “USDA’s Task Force on Agricultural Air Quality Research continues to benefit from the expert guidance of local farmers, ranchers, academia and other environmental professionals to advance air quality and climate-smart agriculture,” said USDA Natural Resources Conservation Service (NRCS) Chief Terry Cosby. “Minimizing agriculture’s impact on air quality is a collective interest of Task Force members, which enables us to harness the full capacity and resources brought to the table to confront air pollution and produce tangible solutions for emerging and existing air quality challenges.”   The Task Force on Agricultural Air Quality Research continues to promote USDA research efforts and identifies cost-effective ways the agriculture industry can improve air quality. Focus areas of the Task Force may include:

  • Providing recommendations for needed research related to agricultural air quality issues.
  • Ensuring that implementation of USDA practices, programs and research for air quality and climate change promote environmental justice goals and exploring opportunities for improving the environment for all.
  • Addressing reactive nitrogen emissions, including ammonia from agricultural sources, especially in relation to nitrogen deposition, greenhouse gas impacts and ammonia’s role as a precursor to fine particulate matter formation.
  • Discussing agricultural greenhouse gas and carbon sequestration topics, including climate-smart agriculture and forestry options and sustainable solutions.
  • Providing guidance and recommendations to the secretary regarding the impact on agriculture from U.S. Environmental Protection Agency rules and research, including the National Ambient Air Quality Standards and emissions estimating methodologies for livestock and poultry operations.
  • Discussing state and local air quality regulations related to agriculture and the potential impact on agricultural operations in those areas.

Created by the 1996 Farm Bill, the Task Force on Agricultural Air Quality Research works to address agricultural air quality issues. It also helps better coordinate activities and resources among USDA agencies and other federal partners, including the Environmental Protection Agency.  Chaired by USDA’s Natural Resources Conservation Service Chief, this is the 12th Task Force since its launch in 1997.

Consensus Reached on San Luis Reservoir Storage Increase

The Bureau of Reclamation and the San Luis & Delta-Mendota Water Authority have announced a negotiated consensus has been met for the B.F. Sisk Dam Raise and Reservoir Expansion Project.  The joint project creates an additional 130,000 acre-feet of storage space in San Luis Reservoir, the nation’s largest off-stream reservoir, producing additional water supply for two million people, over one million acres of farmland and 135,000 acres of Pacific Flyway wetlands and critical wildlife habitat. Reclamation signed the Record of Decision for the project on Oct. 20, 2023, the first approval of a major water storage project in California since 2011.  Significant provisions of the agreement include cost sharing and space management for the federally-funded and authority-funded shares of the expanded reservoir.  A $25 million investment to the project under the Bipartisan Infrastructure Law was announced in October 2022 and an additional $10 million in July 2023.  An additional $60 million was authorized for project construction from the Water Infrastructure Improvements for the Nation Act, for a total of $95 million in federal contributions to date in construction costs.  Previously, the Bipartisan Infrastructure Law provided over $100 million to the B.F. Sisk Dam for a separate but connected project that will increase the dam crest by 10 feet to improve seismic fortification. Leveraging this existing project, Reclamation and project partners entered now-adjudicated negotiation sessions to add an additional 10 feet to the dam to allow for expansion of the reservoir’s storage capacity. The expanded space will store water that can be delivered to south-of-Delta water contractors and wildlife refuges. This water would meet existing contractual obligations and not serve any new demands.

 

“It’s an honor to celebrate this exciting milestone today with our partners,” said Bureau of Reclamation Regional Director Karl Stock. “The addition of new water storage capacity south-of-Delta in San Luis Reservoir is a crucial part of our strategy for enhancing water reliability for California communities, agriculture, and wildlife.”

 

“San Luis Reservoir has served as the hub of California’s water system south of the Sacramento San Joaquin Bay-Delta since its completion in 1967,” said San Luis & Delta-Mendota Water Authority Board Chair Cannon Michael. “The ability to capture more water in the years it is available, particularly given California’s dynamic hydrology, is a critical component of a more secure future for the communities, farms and wildlife dependent on the Authority’s member agencies for their water supply.”

 

“This is a significant milestone for this project, and we are grateful to Reclamation and the San Luis & Delta-Mendota Water Authority for the continued partnership and effort it has taken to get here,” said Valley Water Chief Executive Officer Rick Callender. “Investing in water infrastructure, including surface storage, is needed now more than ever to become more drought resilient.”

CDPR to Begin Reevaluation of Paraquat Dichloride

This past September, the requirements of AB 1963 became law, which requires the California Department of Pesticide Regulation (CDPR) to do the following:  “On or before January 1, 2029, the department shall complete a reevaluation of paraquat dichloride pursuant to section 12824, and make the determination to retain, cancel or suspend its registration or to place new appropriate restrictions on the use of pesticide products containing the active ingredient paraquat dichloride.”  Currently, CDPR is assessing whether additional data are needed to fulfill the requirements of the new law to determine whether current uses of paraquat pose unacceptable risks to human health and/or the environment, and whether additional restrictions on use are necessary.  The reevaluation involves 7 registrants, and 7 pesticide products currently registered in California. 

Urgent Notice: Private Applicator Certificate Training Session and Exam

CDFA will be conducting a Private Applicator Certificate Training Session and Exam next Tuesday, October 29th 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.

Association President/CEO Isom Addresses UC Merced Air Quality Conference

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.

Association Hosts Assemblywoman Lori Wilson at Cotton Gin

This week, Assemblywoman Lori Wilson (11th 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.

CDPR Releases Clean Air Monitoring Report for 2023

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.

CCGGA Board Nominations Open Up for Ginners and Growers

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 27th, 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.

Cotton Industry Hosts Assembly Agriculture Committee Vice Chair Juan Alanis

This week the California Cotton Ginners and Growers Association hosted Assembly Agricultural Committee Vice Chair Juan Alanis (22nd 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. 

EPA Finalizes Rule on Pesticide Exposures

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.