CropLife America 2012 Legislative Review: Policy In Flux

The crop protection industry and all related stakeholders experienced great change in 2011, and next year may prove to be no different. CropLife America and our members will continue to closely monitor and engage in discussions surrounding some of the major issues in our nation’s capitol, such as the presidential election and 2012 Farm Bill. Yet public discourse may shift in further scrutiny of crop inputs as 2012 also marks the 50th anniversary of the publication of Rachel Carson’s Silent Spring. Often credited with igniting the environmental movement, the book’s portrayal of crop protection products prompted the industry to improve coordination with federal agencies which ultimately shaped the EPA robust pesticide registration process and helped our industry reach new levels of safety.

In addition, many key policy issues and regulations specific to the crop protection industry will continue to evolve in 2012 and potentially impact all of us from Capitol Hill straight to growers in the fields. Coinciding with the potential of increased regulation and policy concerns is the increasing importance for a discussion of the many benefits of agriculture by creating a positive dialogue around environmental stewardship and food production. All indicators point to another year of great change to include discussions of sustainability and environmental responsibility, and many more opportunities to discuss the benefits of our industry.

NPDES Permitting

New National Pollutant Discharge Elimination System (NPDES) permit requirements remained one of the biggest issues facing the agricultural community in 2011, and will continue to adversely affect pesticide applicators in the foreseeable future. An erroneous 2006 decision from the U.S. Sixth Circuit Court ruled that certain pesticide applications made to, over or near water are subject to additional paperwork and regulatory red tape, with no additional environmental benefit. Leaders in the Senate introduced legislation to help overturn this new NPDES permit requirement, H.R. 872 (“Reducing Regulatory Burdens Act of 2011”), and it received strong bipartisan support. Despite this, the Senate remained in gridlock and was unable to pass any legislation to help clear the regulatory morass. 

Most U.S. states have now developed their own permitting program, while six are following a General Permit created by EPA. Full enforcement of the new permitting requirements begins in January, but CropLife America continues to believe that the Sixth Circuit Court’s 2006 ruling was erroneous, and now states are being forced to implement duplicative regulation, and small business owners will feel the unnecessary burden of a paperwork requirement and added liability. In the coming year, CropLife America will continue to advocate the passing of H.R. 872 in the Senate and will work with states and small business owners as they prepare to comply with the court’s unfortunate and misguided ruling.

The Endangered Species Act & Pesticide Registration

The importance of protecting our country’s threatened plants, animals and habitats is recognized under the Endangered Species Act (ESA), an over-arching piece of legislation that impacts pesticide registrations. As part of this, ESA requires that EPA consult with the National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (FWS) despite conflicts between the Services’ review and those of the EPA. The Services’ biological opinions (BiOps) are scientifically flawed with overestimations of risks to endangered species and place undue burdens on farmers. Extremist groups have sued EPA, alleging the Agency has not consulted with the Services; portions of the lawsuit settlements call for all parties to coordinate on the registered use of pesticides. These lawsuits include the currently-pending suit, Center for Biological Diversity and Pesticide Action Network North America v. EPA, which could impact the registration of more than 300 pesticides. CropLife America is involved as an intervenor in this case to ensure that any potential settlements do not result in unfounded product use restrictions.

The inability of Services’ scientists and EPA to reach agreement on a reasonable risk assessment process has led them to make a request for guidance from the National Academy of Sciences (NAS). NAS will review specific science issues in the current consultation process where there are disagreements. Other Congressional actions have called for the suspension of NMFS pesticide BiOp implementation until the NAS review is complete. This would help to establish putting process improvements into action, and provide funding for NMFS to conduct a study of the economic impact of four flawed BiOps and the validity of the science.

Looking To The Future: Product Stewardship, Modern Agriculture & Sharing The Benefits

The crop protection industry is just one component of the larger story of modern agriculture, and CropLife America is proud to help share that story. An important part of modern agriculture is stewardship, and each sector in agriculture is committed to environmental and consumer safety. One of the crop protection industry’s major stewardship initiatives, pesticide container recycling, has undergone recent developments with the final phase of EPA’s implementation of the Pesticide Container and Containment (PCC) rule this past August. The PCC rule includes new container management language on product labels, and industry has worked closely with EPA to develop the rule to facilitate responsible disposal and recycling of pesticide containers to protect the environment from potential pesticide releases. CropLife America worked closely with stakeholders in the industry to ensure a smooth transition to the new PCC rule in 2011.

Beyond the legislative and legal matters that CropLife America continually monitors, it is equally important for our growers and ranchers to openly and confidently speak about the many benefits of modern U.S. agriculture, and the many positive steps that we take every day to produce healthy food. Initiatives such as the U.S. Farmers & Ranchers Alliance, Alliance to Feed the Future and The Hand that Feeds U.S. are just a few examples of organizations working to strengthen the relationships between consumers, growers and regulators. Each organization will continue to push ahead in 2012 to effectively communicate the many contributions of modern agriculture.

As our industry faces changing policies and regulations, it is important that the agricultural community remain vocal in sharing the benefits of their work, and speaking up for how we must all work together to provide a safe, sustainable and affordable food supply.

Topics:

Leave a Reply

Legislation Stories

Soybean Plant closeup
LegislationOhio Soybean Association Names Pat Tiberi Legislator Of The Year
August 3, 2016
The Ohio Soybean Association (OSA) has announced that Congressman Pat Tiberi (R-OH) has been named one of two Legislators of Read More
Soybean Field
LegislationOhio Soybean Association Names Brian Hill Legislator Of The Year
July 19, 2016
The Ohio Soybean Association (OSA) has announced that State Representative Brian Hill (R-Zanesville) has been named one of two Legislators of Read More
Grower Truck at retailer
CropLife 100ARA Seeks Comment on Ag Driver Sleep Apnea Issue
July 5, 2016
The U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) and Federal Railroad Administration (FRA) are seeking public Read More
LegislationVilsack Christens WinField Crop Adventure, Talks Monsanto-Bayer, GMO-Labeling and TPP
June 17, 2016
The WinField Crop Adventure grand opening ceremonies at Fair Oaks Farms (near Winemac, IN) welcomed USDA Secretary of Agriculture Tom Read More
Trending Articles
ASMARK 2016 Retailers Live! Tour - CPS
CropLife 100CPS Acquires Texas Retail Operation
August 23, 2016
Crop Production Services (CPS) has acquired the assets of Larry’s Chemical and Spray, Inc., for an undisclosed amount in an Read More
Key Cooperative Marcus Construction Steel Building
Retail FacilitiesMarcus Construction Builds High-Speed Agronomy Center For Key Cooperative
July 7, 2016
Key Cooperative in Grinnell, IA, wanted a state-of-the-art Agronomy Center to better serve its customers. Marcus Construction delivered exactly that. Read More
Heritage Cooperative
Retail FacilitiesKahler Automation Designs State-Of-The-Art Facility For Heritage Cooperative
July 4, 2016
Heritage Cooperative in Marysville, OH, needed an efficient liquid, dry and grain facility to serve the many needs of their Read More
The Andersons Waterloo
ManagementFirst Indiana Facility Certified Under 4R Nutrient Stewardship Certification Program
June 27, 2016
The 4R Nutrient Stewardship Certification Program has announced that The Andersons, Inc.’s Waterloo, IN, facility has been added to its Read More
Food IT
Industry NewsCalifornia Event Will Mix Ag And Tech Professionals To Explore IT Solutions
June 20, 2016
Silicon Valley is hot on agriculture, and an upcoming event in California will bring together the food and tech industries Read More
Monsanto Luling Plant
Eric SfiligojWhat’s Next For Monsanto?
May 31, 2016
For the folks at Monsanto’s headquarters in St. Louis, MO, it has been an eventful few weeks. Back on May Read More
Latest News
Soybean Field
FungicidesSyngenta Launches Interactive Tools For Vibrance Seed T…
August 30, 2016
As part of the ongoing commitment to provide growers and retailers with the most current crop protection products and agronomic Read More
EquipmentAGCO Celebrates Manufacturing In Minnesota
August 30, 2016
AGCO Corp. welcomed the I Make America campaign to its Jackson, MN, factory last Friday to celebrate the contributions of manufacturing Read More
MAGIE 2015 Overview
Eric SfiligojThe Read From MAGIE
August 29, 2016
As I write this column, I’ve just returned from the annual Midwest AG Industries Exposition (MAGIE) in Bloomington, IL. Being Read More
EquipmentAGCO Opens Nominations For 11th Annual Operator Of The …
August 29, 2016
AGCO Corp. is now accepting nominations for 2016 Operator of the Year, which recognizes hard-working applicators across the country. These Read More
CHS St. Paul, MN fertilizer terminal
CropLife 100CHS Completes $10 Million Renovation Of St. Paul Agrono…
August 29, 2016
CHS Inc., North America’s leading farmer-owned cooperative and a global energy, grains and foods company, has completed a $10 million Read More
2016 ShowStopper | Case IH Patriot 4440 Sprayer
Equipment5 Show-stopping Products On Display At 2016 MAGIE
August 26, 2016
For 10 years now, visitors to the yearly Midwest AG Industries Exposition (MAGIE) show have been tasked with voting for Read More
Crop InputsDuPont Pioneer: Corn Belt P and K Levels Lagging
August 24, 2016
A new DuPont Pioneer study conducted across 12 Corn Belt states demonstrates that growers may be leaving profit potential in Read More
Monsanto sign
Crop InputsCould a Monsanto-Bayer Union Be 2 Weeks from Fruition?
August 24, 2016
Via STLToday.com (The St. Louis Post-Dispatch): Merger talks between Monsanto Co. and Bayer AG are advancing after a series of Read More
EquipmentCase IH Debuts Nutri-Tiller 955 Strip-Till Applicator
August 24, 2016
With strip-till continuing to expand across new acres, Case IH designed the new Nutri-Tiller 955 strip-till applicator to help producers Read More
EquipmentCase Launches Aim Command FLEX, 25th Anniversary Patrio…
August 24, 2016
Case IH announces new AIM Command FLEX advanced spray technology for greater application accuracy, as well as special 25th Anniversary Read More
ASMARK 2016 Retailers Live! Tour - CPS
CropLife 100CPS Acquires Texas Retail Operation
August 23, 2016
Crop Production Services (CPS) has acquired the assets of Larry’s Chemical and Spray, Inc., for an undisclosed amount in an Read More
PrecisionAg Video Conference
Precision AgVideo: PrecisionAg Vision Conference
August 22, 2016
A Strategic Conference Focused on the Future of Farm Digitization and Precision Agriculture Visit precisionagvision.com and register today! Read More
Young Corn Plants
Industry NewsOABA Welcomes Nicole Wallace As Communication & Adm…
August 22, 2016
The Ohio AgriBusiness Association has hired Nicole Wallace as its communication and administrative coordinator. Wallace will help provide comprehensive communication Read More
Syngenta Sign
Crop InputsChemChina, Syngenta Receive Clearance From CFIUS
August 22, 2016
China National Chemical Corp. (ChemChina) and Syngenta have announced that the companies have received clearance on their proposed transaction from the Read More
ManagementAg Industry Shows and Rumors
August 18, 2016
Editors Paul Schrimpf and Eric Sfiligoj talk about the upcoming trade show schedule, crop protection merger updates, and content for Read More
MAGIE 2015
EquipmentMAGIE Takes The Pulse Of The Ag Retail Industry
August 18, 2016
Every year, one of the major highlights of my career as an ag journalist is attending the Midwest AG Industries Read More
MAGIE 2015 Overview
EquipmentPride In Professionalism On Display At MAGIE
August 18, 2016
The Illinois Fertilizer & Chemical Association (IFCA) is proud to partner with CropLife IRON and continue the tradition of bringing Read More
SprayersJenner Ag To Debut 25th Anniversary Edition Case IH Pat…
August 18, 2016
Visitors at the 2016 Midwest Ag Industries Exhibition (MAGIE) in Bloomington, IL, will have a unique photo opportunity, as Jenner Read More