Regulatory

State Auditor Releases Report on Grain Regulators

Missouri State Auditor Susan Montee released a report on Missouri Department of Agriculture grain regulators. A copy of the report can be seen here.

OSHA Local Emphasis Program Starts Up in Eastern Missouri

The St. Louis OSHA regional office has started up a Local Emphasis Program on the eastern portion of Missouri that is targeting the grain handling industry. Please click here for a Grain Handling Compliance Checklist. If you need help getting ready for an OSHA inspection there is a free program put on by the state of Missouri that is called the On-Site Safety and Health Consultation Program. Your only obligation is you are required to correct the hazards identified by the consultant. For more information about their consultation service give them a call at 573-751-3403 or visit their website.

EPA Pesticide Container and Containment Rule Change

EPA published a final rule called the Pesticide Container and Containment (PCC) rule in August 2006 and made minor amendments to the rule in October 2008. On August 16, 2010 there will key labeling requirements on your pesticide labels. The requirements that will need to followed are below. The entire rule can be accessed by clicking here. Another great source of information on the rule change is the Mid America Croplife Association's (MACA) website at http://www.maca.org/edu/.

New Label Statements
Labels (or containers) of nonrefillable containers will have:

“Nonrefillable container” statement
A “do not reuse” statement
Recycling or reconditioning instructions
A lot number identifying the batch
More detailed rinsing instructions for dilutable products in rigid containers, except for household products

Labels (or containers) of refillable containers will have:

A “refillable container” statement, and
Instructions for cleaning the container before it is

90 Days Hours of Service Waiver Granted for Anhydrous Ammonia

On March 18th, the Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) issued a limited 90 day waiver from the hours of service regulations for the spring planting season. This temporary waiver which is effective immediately, allows motor carriers with a satisfactory safety rating to use the agricultural hours of service exemption when their drivers are delivering anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate customer, as long as the transportation takes place within a 100 mile air radius of the wholesale distribution point or the farm retailer. The exemption is still in effect even across state lines as long as it is within 100 mile air radius and within the 90 day period. Last fall, the FMCSA had issued an interpretation of the exemption that disallowed any transportation of farm supplies under the exemption except for delivery from a retail facility directly to the farm and within the planting and harvesting dates as established in each state.

The waiver can be read by clicking here or the summary can be read here. If you will be transporting Anhydrous Ammonia we would encourage you to print of the waiver and carry it in your truck. You must maintain a satisfactory safety rating to use this waiver. If you have a conditional or unsatisfactory rating, use of the waiver is prohibited. If you are "unrated" as a carrier you can also utilize the exception since you have not yet received a compliance review to determine your safety status. If you have any accidents or discharges with ammonia, you must also report them as described in the attached summary.

MO-AG appreciates the support we received on this issue from Reps. Blaine Luetkemeyer (R-Mo.) and Sam Graves (R-Mo.) as well as other members of Congress, The Fertilizer Institute, and the Agricultural Retailers Association, the National Council of Farmer Cooperatives, the Agricultural and Food Transportation Conference of the American Trucking Association, and the U.S. Department of Agriculture. If you have any questions regarding this issue please contact the MO-AG office by phone 573-636-6130 or email mo-ag@mo-ag.com.

EPA Proposes Pesticide Registration Guidance That Threatens Ability to Apply Pesticides

In response to a petition filed by the extreme environmental group, Earthjustice, the EPA has proposed guidance that will result in pesticide applications across America grinding to a halt and pesticide applicators entangled in a web of lawsuits. This is not surprising giving the fact that the official motto of the group Earthjustice is "Because the Earth deserves a good lawyer". The answer according to this group is 'file a lawsuit'. In justifying their petition to EPA, Earthjustice claims that "In farming communities throughout the country, children have been abandoned by federal pesticide protections. Surrounded by poisonous pesticide clouds and abandoned by EPA protections, rural children have nowhere to turn. Rural children deserve to be protected from poisonous pesticides."

Reality is the fact that MO-AG members are professionals and apply pesticides using the best technology and techniques.

Background:

1. Link to Spray Drift Talking Points

2. Link to Taylor comment to EPA

3. Link to Earthjustice's Petition to EPA

4. Link to EPA response to Petition-Proposed draft drift guidance

We Need Your Help! Take Action Now

Take these steps to have your voice heard:

1. Link to example comment letter

2. Write your comment letter (Use example and talking points, but, very important to make the letter unique and your own!)

3. Send your comment letter to EPA by this link

4. Or, send by mail to:

US Environmental Protection Agency

Regulatory Public Docket (Mail Code 7502P)

Docket EPA-HQ-OPP-2009-0628

Office of Pesticide Programs

1200 Pennsylvania Ave. NW

Washington DC 20460-0001

5. Send a a copy of the letter to your Congressman and Senator Bond and Senator McCaskill

Representative 2nd District Todd Akin

email: http://akin.house.gov/email.shtml

fax: 202-225-2561

Representative 7th District Roy Blunt

email: http://blunt.house.gov/Contact.aspx

fax: 202-225-5604

Representative 3rd District Russ Carnahan

email: https://forms.house.gov/carnahan/webforms/issue_subscribe.htm

fax: 202-225-7452

Representative 1st District William "Lacy" Clay Jr.

email: https://writerep.house.gov/writerep/welcome.shtml

fax: 202-226-3717

Representative 5th District Emanuel Cleaver

email: http://www.house.gov/cleaver/IMA/issue.htm

fax: 202-225-4403

Representative 8th District Jo Ann Emerson

email: http://www.house.gov/emerson/contact.shtml

fax: 202-226-0326

Representative 6th District Sam Graves

email: http://www.house.gov/graves/contact.shtml

fax: 202-225-8221

Representative 9th District Blaine Luetkemeyer

email: http://luetkemeyer.house.gov/index.cfm?sectionid=44&sectiontree=44

fax: 202-225-5712

Representative 4th District Ike Skelton

email: http://www.house.gov/skelton/email.shtml

fax: 202-225-2695

Senator Christopher "Kit' Bond

email: http://bond.senate.gov/public/index.cfm?FuseAction=ContactUs.ContactForm

fax: 202-224-8149

Senator Claire McCaskill

email: http://mccaskill.senate.gov/?p=contact

fax: 202-228-6326

6. Send a copy to MO-AG at by mo-ag@mo-ag.com or by fax to 573-636-3299

Model Fertilizer Contract Confirmation Released

The Agricultural Retailers Association (ARA) released a final version of a model fertilizer contract confirmation developed as a voluntary tool and designed to help companies better manage their risks and provide consistent terms and conditions when dealing with suppliers or customers. In Spring 2009, ARA formed the Fertilizer Contract Task Force with the objective of developing an ARA branded fertilizer contract confirmation that specifies the mutually agreed upon terms of the buyer and seller between any two business entities in the distribution system: manufacturer, distributor, retailer and end user. Task Force members were primarily comprised of agricultural retailers (independent, co-op and national) and distributors, but also included representatives from the manufacturer segment. ARA undertook this effort in response to the extreme volatility that has occurred with the fertilizer prices and supplies over the past few years. This document is viewed as a way to help establish better risk management, more accountability, and common terms and conditions. The ARA Board of Directors initially approved the tool at their 2009 annual meeting. Click here to view a copy of the document.

Air Emissions Spreadsheet For Grain Handling Facilities

MO-AG and the Missouri Department of Natural Resources Air Pollution Control Program have worked together to develop a spreadsheet that calculates air emissions from grain handling facilities. The purpose of this spreadsheet is to standardize the process by which both potential and actual emissions are calculated from grain handling facilities.

The spreadsheet includes descriptions and information for virtually every type of emission point from a grain handling facility including dump pits, bin vents, and elevator legs, just to name a few. The spreadsheet includes emission factors for each emission point and control devices such as a bag house or grain oiling. The spreadsheet also includes the different capture efficiencies for bag houses and other capture devices.

If you have questions about the spreadsheet, you are encouraged to contact Kyra L. Moore, Air Pollution Control Program Permits Section Chief, at the Missouri Department of Natural Resources at (573) 526-3835.

The spreadsheet can be accessed by clicking here.

EPA Awards Cash for Anhydrous Ammonia Outreach

EPA has awarded $75,000 in grants to assist agribusiness with implementation of the Risk Management Program (RMP). The MO Department of Agriculture (MDA) will conduct on-site safety assessments. The State Emergency Management Agency (SEMA) will conduct workshops and on-site inspection and focus on enhanced communications with local first responders.

An EPA video provides details on the assistance to be provided. The video highlights the importance of chemical safety and proper handling of anhydrous ammonia. MO-AG and MO-AG members assisted with the video. To view the video, please click here.

To view the complete EPA Press Release, click here.

MACA Traceability Project

The Mid America Croplife Association has created a Traceability Implementation Project (TIP) , a standardized system for tracking fertilizer and crop protection products from formulator to field. The video explaining the project can be viewed by clicking here.

EPA Proposes Emission Controls for Feed Manufacturers

The U.S. Environmental Protection Agency (EPA) on July 27 published a proposed rule that would require many animal feed manufacturing facilities to implement specified management practices and standards to minimize emissions of chromium compounds and manganese compounds if such products are used within their operations. MO-AG appreciates the work of the National Grain and Feed Association on this issue and more information on this issue can be found on the NGFA factsheet click here to download.

Anhydrous Ammonia Nurse Tank Inspection Program

Due to some nurse tank failures within the past few years, the USDOT has stepped up its inspections of nurse tanks and has taken some tanks with the missing ASME data plates out of service. In response, the Missouri Agribusiness Association worked with the United States Department of Transportation (USDOT), Federal Motor Carriers Safety Administration (FMCSA) and The Fertilizer Institute (TFI) to create a Nurse Tank Workshop that assisted those that attended the workshop in making sure that they were ready when USDOT comAugust 9, 2010 held on March 11, 2009 at the Grand River Inn in Chillicothe, MO.

According to federal Hazardous Materials regulations, nurse tanks with missing or illegible data plates can not be legally transported upon a public road. However, the USDOT has granted the request of The Fertilizer Institute (TFI) to have an exemption from certain requirements in DOT's "Hazardous Materials Regulations". Specifically, DOT approved TFI's request for an exemption from a requirement that ammonia nurse tanks carry an (ASME) identification plate, which are typically affixed to the tank at time of manufacture. In order to comply with the exemption we encourage you to apply for the exemption by going to www.nursetank.org and completing the Nurse Tank Inspection Program. If you have any questions please contact the MO-AG office.

This link contains contact information for Nurse Tank Testing Facilities that are registered inspectors in Missouri and surrounding areas. You can find more registered inspectors at www.nursetank.org.

USDOT Nurse Tank Safety Advisory

Nurse Tanks Exempt

Temporary Grain Storage Information

OSHA Workshop Held on May 9th

In response to the Local Emphasis Program that OSHA will be conducting in the Kansas City Area, MO-AG held an OSHA Workshop in Blue Springs, MO on May 9th that helped those that attended to prepare for an OSHA inspection.

MO-AG Secures Temporary Grain Storage Permit Again!

Jefferson City, Mo. - Robert Brundage, MO-AG legal counsel again worked his magic at the Department of Natural Resources to ensure those Missourians involved in the grain industry will be able to construct temporary grain storage.

The blanket permit is in anticipation of the stockpiling of grain, which will probably occur because of the predicted bumper crop. Outside storage and existing buildings are covered under this permit. In addition, the required site-specific written letter is also waived because of the unnecessary burden it would cause. Brundage's initial letter serves as a letter for all temporary grain storage.

The permit expires on May 1, 2008.

Grain Grading Schools

The Missouri Department of Agriculture Grain Inspection Services provides official inspection services to any interested parties involving grain shipments originating or terminating within the state of Missouri.

These official inspection services provide a third-party, unbiased determination of quality to facilitate the marketing of grain.

The grain inspection services program performs official rice inspection functions under a Cooperative Agreement between the USDA/FGIS and the State of Missouri, Division of Grain Inspection Warehousing.

Official sampling services, aflatoxin testing, vomitoxin, corn stress crack testing, and other various tests may be completed upon request.

For more information concerning the Missouri program, please contact of the following locations:

Jefferson City..............(573) 751-5515

North Kansas City.......(816) 421-2290

New Madrid..............(573) 748-5526

St. Joseph...................(816) 238-5658

Marshall...................(660) 886-5549

Laddonia..................(573) 373-2305