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.

The California Department of Pesticide Regulation (CDPR) visited Clovis this week to meet with agricultural organizations and representatives to provide an update on CDPR activities and hear concerns from agriculture.  Representing CDPR was Director Julie Henderson, Deputy Director Karen Morrison, Deputy Director for Enforcement Ken Everett, and Deputy Director for Environmental Justice and Equity Celia Pazos.  CDPR opened the meeting by providing a quick look at what they are currently working on including:

• Wrapping up their 5-year Strategic Plan to be released soon
• Working to streamline their pesticide registration process to shorten the time to register new pesticides
• Increasing staff
• Strengthening enforcement
• Finalizing their Advance Notification regulation in November for a tentative release in January.
• Working on the next set of 1,3-D restrictions to address concerns with innocent bystanders, which should be filed in November
• Working on next set of rodenticide restrictions with no timeline proposed

Association President/CEO Roger Isom was among the agricultural representatives in attendance and expressed concerns over invasive species, lack of alternatives if chemicals are phased out under the CDPR Sustainable Pest Management Program (SPM), concern that the legislature is regulating pesticides without science, and the need to coordinate with the California Department of Food and Agriculture on all these items.  Isom also expressed concerns with CDPR not addressing the rhetoric that is spewed at some of CDPR’s hearings and their lack of explanation of their intensive and robust registration process and their own regulations, which make them the toughest pesticide agency in the country.  Isom did express appreciation for the CDPR leadership to come to Clovis and sit down with agriculture moving forward.  Other groups in attendance included the American Pistachio Growers, California Table Grape Commission, California Citrus Mutual, Nisei Farmers League, and the Fresno County Farm Bureau.  In addition, the Monterey County Ag Commissioner Juan Hidalgo was present along with a representative from the Fresno County Ag Commissioner’s office. 

Senator Anna Caballero and current California Department of Food and Agriculture Chairman Don Cameron kicked off the new Ag Systems Certificate under the F3 Agrifood Technology Engineering Collaborative (AgTEC) program.  The Kickoff was attended by Association President/CEO Roger Isom and held in Fresno.  The certificate is designed to provide farmworkers and people interest in pursuing a career in agriculture and is administered by community colleges throughout the Valley.  The program provides these individuals with the opportunity to update their skills with current and emerging technology and software, while also emphasizing soft skills like communication and problem solving.  To obtain the certificate, the participant must complete all 14 core competencies which are provided through seven different community colleges in the Valley including Merced, Coalinga, Fresno City, Lemoore, Reedley, Clovis Community and Madera Community Colleges.  The 14 core competencies are:

• Digital literacy
• Basic equipment operations
• Basic equipment troubleshooting
• General agricultural systems fundamentals
• Crop production systems
• Tool operations
• Applied technical reading
• Interpersonal skills
• Animal production systems
• Food safety
• Basic safety
• Industry communication
• Applied technical writing

There already over 100 participants enrolled in the program.  For more information, please contact one of the participating colleges or you can reach out to Karen Aceves at Karen@arkeninc.com.

The California Cotton Ginners and Growers Association hosted Senate District 23 Candidate Suzette Valladares as part of a two-day agricultural tour in partnership with several ag organizations including the Western Agricultural Processors Association, California Fresh Fruit Association, California Citrus Mutual, and California Dairies, Inc.  For our part of the tour, Valladares met with the Cauzza brothers, Jake, Matt and Luc at their Cauzza Growers farming headquarters in Buttonwillow for an issues roundtable discussion.  She learned first-hand how their family farming operation began and how it works today, while learning about many of the challenges our industry faces on lack of pesticide tools, the impact of the Sustainable Groundwater Management Act (SGMA), energy, air quality, and just the everyday trials and tribulations of farming in California today.  The tour is the first of many this year and part of the Association’s efforts to educate the legislature on the critical issues facing our industry. 

The California Department of Pesticide Regulation (DPR) announced Sapna Thottathil will lead the department’s statewide collaboration and coordination to foster sustainable pest management (SPM) across California’s urban, agricultural and wildland settings. Thottathil brings 20 years of experience as a leader in sustainable food and farming, and climate, health and equity program management, policy and research to her role as DPR’s Deputy Director of Sustainable Pest Management.  Prior to joining DPR, Thottathil was Managing Director at the University of California (UC) Center for Climate, Health and Equity, where she oversaw more than 20 research and education programs and facilitated a multi-stakeholder strategic planning process. Previously, she was the Associate Director of Sustainability at the UC Office of the President, where she helped lead a UC Regent-supported task force that developed a statewide IPM policy for UC’s 10 campuses and six health systems. Thottathil was also a leader in a variety of other roles that will advance her collaborative work in addressing the challenges of SPM adoption, including building strategic partnerships and supply chains between institutions like K-12 schools and hospitals and food producers. Earlier in her career, Thottathil was a climate researcher at the Tyndall Centre for Climate Change Research in England and documented on-the-ground organic farming practices in India. She began her career at the U.S. Environmental Protection Agency as an Environmental Protection Specialist. Thottathil earned a BA in environmental studies and at BA in international studies from the University of Chicago, an MS in environmental change and management from Oxford University, and a PhD in Geography from UC Berkeley.  Thottathil will join the department beginning Sept. 9, 2024.

The U.S. Environmental Protection Agency released its final Herbicide Strategy to protect over 900 federally endangered and threatened (listed) species from the potential impacts of herbicides. EPA will use the strategy to identify measures to reduce the amount of herbicides exposure to these species when it registers new herbicides and when it reevaluates registered herbicides under a process called registration review. The final strategy incorporates a wide range of stakeholder input, ensuring EPA not only protects species but also preserves a wide range of pesticides for farmers and growers. The Herbicide Strategy identifies protections for hundreds of listed species up front and will apply to thousands of pesticide products as they go through registration or registration review, thus allowing EPA to protect listed species much faster. In response to comments on the initial draft, EPA made many improvements to the draft, with the primary changes falling into three categories:

1. Making the strategy easier to understand and incorporating up-to-date data and refined analyses;
2. Increasing flexibility for pesticide users to implement mitigation measures in the strategy; and,
3. Reducing the amount of additional mitigation that may be needed when users either have already adopted accepted practices to reduce pesticide runoff or apply herbicides in an area where runoff potential is lower.

The final strategy includes more options for mitigation measures compared to the draft, while still protecting listed species. The strategy also reduces the level of mitigation needed for applicators who have already implemented measures identified in the strategy to reduce pesticide movement from treated fields into habitats through pesticide spray drift and runoff from a field. The measures include cover crops, conservation tillage, windbreaks, and adjuvants. Further, some measures, such as berms, are enough to fully address runoff concerns. Growers who already use those measures will not need any other runoff measures.  The final strategy also recognizes that applicators who work with a runoff/erosion specialist or participate in a conservation program are more likely to effectively implement mitigation measures.  Geographic characteristics may also reduce the level of mitigation needed, such as farming in an area with flat lands, or with minimal rain such as western U.S. counties that are in the driest climates. As a result, in many of those counties, a grower may need to undertake few or no additional runoff mitigations for herbicides that are not very toxic to listed species.  The final strategy uses the most updated information and processes to determine whether an herbicide will impact a listed species and identify protections to address any impacts. To determine impacts, the strategy considers where a species lives, what it needs to survive (for example for food or pollinators), where the pesticide will end up in the environment, and what kind of impacts the pesticide might have if it reaches the species. These refinements allow EPA to focus restrictions only in situations where they are needed.  The final strategy itself does not impose any requirements or restrictions on pesticide use. Rather, EPA will use the strategy to inform mitigations for new active ingredient registrations and registration review of conventional herbicides. EPA is also developing a calculator that applicators can use to help determine what further mitigation measures, if any, they may need to take in light of mitigations they may already have in place.