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Newsletter
Volume 196
March 2, 2020

Spring "Busy Season" is Right Around the Corner! 

As spring season approaches, we want you to know that we have purposely tried to conclude as many of the paperwork requirements as we could to be outside of your busiest time of the year.  Although there are plenty of rules and requirements that still apply regardless of the time of year, if we stop to consider for a moment, they all are in place for a reason.  With that thought we want to extend our best wishes to you and your staff for a safe and prosperous spring season!

Consolidation Chart Updated to Reflect 2019

Once again, the Consolidation Chart has been updated to reflect new changes that occurred throughout 2019.  Accurately tracking the consolidation within ag retail is challenging, but thanks to CropLife magazine's Top 100 list, along with hours of research, the Consolidation Chart has been updated to visually portray its heritage. Initially released in 2011, the chart includes all the mergers/acquisitions among CropLife 100 retailers that have taken place since 1984. To view a full version of this poster, please click here.  For more information, contact Donna at 270-926-4600 Ext 205 or at donna@asmark.org.

Pesticide-Production Reports Have Been Filed

Asmark Institute has submitted and documented receipt of the Pesticide Production Report by U.S. EPA for each of our clients on record with an EPA Establishment Number.  All annual reports were received by U.S. EPA by the deadline, and file copies have been posted to Snapshots.  We have worked closely with U.S. EPA to develop the new electronic reporting system, and one benefit is the ability to produce and send file copies along with the documentation showing EPA has received your submission much quicker.

SARA Reminder for Non-Encamp States

SARA Tier II submissions were due on March 1st.  If you're in a Non-Encamp state (AL, FL, GA, MS, MT, NC, SC, TN), please make sure your report(s) were submitted to their State Emergency Response Commission (SERC), Local Emergency Planning Commission (LEPC) and Fire Department (FD).  Don't forget to follow your state's instructions to pay any applicable fees.  If you haven't already, please scan and upload a file copy to the Hub for archiving on Snapshots.  Good news for next reporting year, all Asmark retainer clients will be included in the Encamp filing process!

Farm-Related (Seasonal) CDL Report Updated for 2020

Just in time for season, the annual Farm-Related Restricted CDL Update has been once again updated by Joann. The report summarizes each state’s requirements for the Farm-Related (Seasonal) CDL and has helped many of our clients cut through the confusion on this subject.  Joann has reviewed each state's rule and found that 24 of the 50 states offer the Farm-Related or Seasonal License.

The federal government allows states to issue this type of CDL but does not mandate their participation or support - which generates a fair amount of confusion. The "seasonal" CDL is very beneficial to our industry, especially during peak seasons, and is only issued to farm-related industries, which include farm retail outlets and suppliers, agrichemical businesses, custom harvesters and livestock feeders, for Class B or C vehicles.  Click here to view the updated Farm-Related Restricted CDL Update Report.  If you have questions or need more information, reach out to Joann at 270-926-4600 Ext 229 or email her at joann@asmark.org.

DOT Cautions Drivers About CBD Products

DOT has issued a compliance notice warning drivers and other safety-sensitive workers about the potential mislabeling of hemp-derived products.  They could contain illegal levels of tetrahydrocannabinol (THC) that might test positive in a DOT drug test.  The Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no Federal oversight to ensure that the labels are accurate.

It remains unacceptable for any safety-sensitive employee subject to DOT’s drug testing regulations to use marijuana.  CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result.  Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.  Since the use of CBD products could lead to a positive drug test result, DOT-regulated safety-sensitive employees should exercise extreme caution when considering whether to use CBD products.

Emergency Notification Signs - Have You Checked Yours Lately?

With Spring right around the corner, now is a great time to check the Emergency Notification Sign at your facility to ensure it's current and in good condition. The National Sign Program originated out of the need for a high-quality durable emergency notification sign for use at the entrance of facilities with ammonia. Finding a sign that was compliant with the CGA 2.1 standards was nearly impossible.  The Asmark Institute responded to industry by organizing this program, which helps ensure the most current and highest quality signs are available.

The Emergency Contact Sign is made of REYNOBOND™, a lightweight composite material, which is 25 times stronger than 0.40" aluminum (the most common sign material) and can be mounted on a single post with no backing.  We use the highest quality lettering available; a name-brand vinyl with a 7-year life expectancy rating.  The sign's letters and numbers are 2" in size and designed to be legible from 25 feet.

If at any point you have a contact or phone change, you can order replacement numbers or lettering to update your facility sign, without having to replace the entire sign.  Companies registered with INFOTRAC, CHEMTREC or PERS may choose to include this phone number on their sign as well.  If you have questions or need help, Isaac can be reached at 270-926-4600 Ext 202 or isaac@asmark.org.

KY Over-Dimensional Permits Move Online

The Kentucky Transportation Cabinet has announced it no longer accepts paper annual permit applications or renewals for Overweight/Over-Dimensional Permits.  Now, annual permit applications are required to be submitted through the online Kentucky Overweight/Over-Dimensional Portal.

Permits are required for vehicles over 8 feet wide and all annual permits are vehicle specific.  The original annual permit must be carried in the power unit at all times.  Make sure to plan ahead as permit orders can take 10-12 business days to process.  As a carrier, once your application is approved, you can log in and pay for the permit with a credit card or bank account.  If you do not already have a carrier login, please watch this training video on how to register.

Who You Gonna Call? - Now Add CSB to the List

The US Chemical Safety Board and Hazard Investigation Board (CSB) has approved a final rule on accidental release reporting.  The rule requires prompt reports to the CSB from owners or operators of facilities that experience an accidental release of an extremely hazardous or regulated substance that results in a death, serious injury or substantial property damage.  The rule is required by the CSB’s enabling legislation, but was not issued during the first 20 years of CSB operations.  Last year, a court ordered the CSB to finalize a rule within a year.

The submission of a report to the National Response Center (NRC) under other laws does not satisfy the CSB's reporting requirement, but it can be satisfied by submitting the NRC identification number to the CSB within 30 minutes of submitting a report to the NRC.  If the facility has not submitted a report to the NRC and then notified CSB, the facility must submit a report directly to CSB within 8 hours of the accidental release.  This CSB reporting rule greatly expands the reporting universe by not including release threshold quantity levels or even a list of extremely hazardous substances.  Being consequence based, any accidental release of any substance that causes a fatality, a serious injury or substantial property damage must be reported.  Click here for more information, including the information to be required in an accidental release report and key definitions.

"Tradeshow Truck" Wrap Up - See You Next Year!

The Asmark Institute "Tradeshow Truck" collectible program just wrapped up its third season, providing us with lots of opportunities to meet, greet and thank our clients.  This program continues to allow us to meet up with our clients in each state and thank them, while supporting the registration and meeting efforts of our state association partners.  During the 2019-2020 season, Donna traveled to 13 states, shook hands with hundreds of clients and ag industry folks and gave out more than 150 trucks.

Each year we will produce a special limited edition replica of a truck that will only be available to our Lighthouse retainer clients who register and attend the Tradeshow or Annual Meeting sponsored by their state association.  Stay tuned for the reveal of the fourth edition Tradeshow Truck coming this summer!

Once the 2020-2021 Tradeshow season starts up, we encourage you to watch for our special invitation and register for the meeting in your area, support your state agribusiness association and pick up your collectible.  See you next year!

OSHA Penalties Adjusted for Inflation

The maximum penalty amounts that OSHA can assess have been adjusted for inflation, effective January 15th.  The 2020 numbers are a result of a cost-of-living adjustment multiplier based on the Consumer Price Index, which was calculated at 1.101764 as of October 2019.  The most recent penalty amount for each level of violation was multiplied by this number and then rounded to the nearest dollar.  The new maximum penalty for serious violations will rise to $13,494 per violation. The maximum penalty for willful or repeated violations will increase to $134,937 per violation.

EPA Reaches Settlement with Kansas Company

EPA has reached a settlement with a company in Kansas to resolve alleged violations of federal Clean Air Act regulations at three ammonia fertilizer facilities.  At the time of EPA inspections in June and October 2018, each facility had over 10,000 pounds of anhydrous ammonia, making them subject to Risk Management Program regulations.  During the inspections, EPA determined that the company failed to submit, implement and update risk management plans for the release of anhydrous ammonia; failed to ensure that the facilities’ processes for handling anhydrous ammonia were designed in compliance with good engineering practices; failed to perform required tests and inspect processing equipment at the facilities; and failed to update required documentation.

In response to the inspection findings, the company took the necessary steps to return all three facilities to compliance.  Under the terms of the settlement, they agreed to pay a civil penalty of $71,652.  In addition to achieving regulatory compliance, the company also agreed to complete a project designed to enhance safety at six of its ammonia fertilizer facilities by installing emergency shutoff valves and emergency stop buttons.  The company estimates the project will cost at least $55,000.

Register With ResponsibleAg Today! 

Close to 2,600 facilities have registered with the ResponsibleAg Certification Program, with 1,340 facilities already receiving their certification, and in many cases been through the re-certification process.  We encourage you to register your facilities today!  For more information and to register, go to: www.responsibleag.org

Corteva to Phase Out Chlorpyrifos

Demand for one of Corteva's long-standing products, chlorpyrifos, has declined significantly over the last two decades, particularly in the U.S. Due to this reduced demand, Corteva has made the strategic business decision to phase out production of chlorpyrifos in 2020. Corteva will continue working on the ongoing registration process with EPA, as well as supporting EPA’s defense of chlorpyrifos in the 9th Circuit Court. Corteva will also continue to defend registrations of the product to allow existing product to be used by growers where registered. The company’s customers will have access to enough chlorpyrifos supply to cover current demand through the end of the year, while they transition to other products or other providers of chlorpyrifos.

EPA Finalizes Glyphosate Mitigation

EPA has concluded its regulatory review of glyphosate - the most widely used herbicide in the United States.  After a thorough review of the best available science, as required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA has concluded that there are no risks of concern to human health when glyphosate is used according to the label and that it is not a carcinogen. These findings are consistent with the conclusions of science reviews by many other countries and other federal agencies, including the U.S. Department of Agriculture, the Canadian Pest Management Regulatory Agency, the Australian Pesticide and Veterinary Medicines Authority, the European Food Safety Authority, and the German Federal Institute for Occupational Safety and Health. The agency is requiring additional mitigation measures to help farmers target pesticide sprays to the intended pest and reduce the problem of increasing glyphosate resistance in weeds.

Glyphosate has been studied for decades and the agency reviewed thousands of studies since its registration. It has been registered as a pesticide in the U.S. since 1974. Since glyphosate’s first registration, EPA has reviewed and reassessed its safety and uses, including undergoing registration review, a program that re-evaluates each registered pesticide on a 15-year cycle. Glyphosate is used on more than 100 food crops, including glyphosate-resistant corn, soybean, cotton, canola, and sugar beet. It is the leading herbicide for the management of invasive and noxious weeds and is used to manage pastures, rangeland, rights of ways, forests, public land, and residential areas. In addition, glyphosate has low residual soil toxicity and helps retain no-till and low-till farming operations.

National Labor Law Poster Updates

Considering the magnitude of state and federal agencies in existence today, it’s no surprise that labor laws are constantly changing.  The Federal Wage and Labor Law Institute (FWLLI) tracks these updates for us and we provide results for you.  Wondering if you need a poster update?  Click here to check for the latest Federal and/or State updates to the labor law posters.

Spring "Busy Season" is Right Around the Corner! 

As spring season approaches, we want you to know that we have purposely tried to conclude as many of the paperwork requirements as we could to be outside of your busiest time of the year.  Although there are plenty of rules and requirements that still apply regardless of the time of year, if we stop to consider for a moment, they all are in place for a reason.  With that thought we want to extend our best wishes to you and your staff for a safe and prosperous spring season!

Consolidation Chart Updated to Reflect 2019

Once again, the Consolidation Chart has been updated to reflect new changes that occurred throughout 2019.  Accurately tracking the consolidation within ag retail is challenging, but thanks to CropLife magazine's Top 100 list, along with hours of research, the Consolidation Chart has been updated to visually portray its heritage. Initially released in 2011, the chart includes all the mergers/acquisitions among CropLife 100 retailers that have taken place since 1984. To view a full version of this poster, please click here.  For more information, contact Donna at 270-926-4600 Ext 205 or at donna@asmark.org.

Pesticide-Production Reports Have Been Filed

Asmark Institute has submitted and documented receipt of the Pesticide Production Report by U.S. EPA for each of our clients on record with an EPA Establishment Number.  All annual reports were received by U.S. EPA by the deadline, and file copies have been posted to Snapshots.  We have worked closely with U.S. EPA to develop the new electronic reporting system, and one benefit is the ability to produce and send file copies along with the documentation showing EPA has received your submission much quicker.

SARA Reminder for Non-Encamp States

SARA Tier II submissions were due on March 1st.  If you're in a Non-Encamp state (AL, FL, GA, MS, MT, NC, SC, TN), please make sure your report(s) were submitted to their State Emergency Response Commission (SERC), Local Emergency Planning Commission (LEPC) and Fire Department (FD).  Don't forget to follow your state's instructions to pay any applicable fees.  If you haven't already, please scan and upload a file copy to the Hub for archiving on Snapshots.  Good news for next reporting year, all Asmark retainer clients will be included in the Encamp filing process!

Farm-Related (Seasonal) CDL Report Updated for 2020

Just in time for season, the annual Farm-Related Restricted CDL Update has been once again updated by Joann. The report summarizes each state’s requirements for the Farm-Related (Seasonal) CDL and has helped many of our clients cut through the confusion on this subject.  Joann has reviewed each state's rule and found that 24 of the 50 states offer the Farm-Related or Seasonal License.

The federal government allows states to issue this type of CDL but does not mandate their participation or support - which generates a fair amount of confusion. The "seasonal" CDL is very beneficial to our industry, especially during peak seasons, and is only issued to farm-related industries, which include farm retail outlets and suppliers, agrichemical businesses, custom harvesters and livestock feeders, for Class B or C vehicles.  Click here to view the updated Farm-Related Restricted CDL Update Report.  If you have questions or need more information, reach out to Joann at 270-926-4600 Ext 229 or email her at joann@asmark.org.

DOT Cautions Drivers About CBD Products

DOT has issued a compliance notice warning drivers and other safety-sensitive workers about the potential mislabeling of hemp-derived products.  They could contain illegal levels of tetrahydrocannabinol (THC) that might test positive in a DOT drug test.  The Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no Federal oversight to ensure that the labels are accurate.

It remains unacceptable for any safety-sensitive employee subject to DOT’s drug testing regulations to use marijuana.  CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result.  Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.  Since the use of CBD products could lead to a positive drug test result, DOT-regulated safety-sensitive employees should exercise extreme caution when considering whether to use CBD products.

Emergency Notification Signs - Have You Checked Yours Lately?

With Spring right around the corner, now is a great time to check the Emergency Notification Sign at your facility to ensure it's current and in good condition. The National Sign Program originated out of the need for a high-quality durable emergency notification sign for use at the entrance of facilities with ammonia. Finding a sign that was compliant with the CGA 2.1 standards was nearly impossible.  The Asmark Institute responded to industry by organizing this program, which helps ensure the most current and highest quality signs are available.

The Emergency Contact Sign is made of REYNOBOND™, a lightweight composite material, which is 25 times stronger than 0.40" aluminum (the most common sign material) and can be mounted on a single post with no backing.  We use the highest quality lettering available; a name-brand vinyl with a 7-year life expectancy rating.  The sign's letters and numbers are 2" in size and designed to be legible from 25 feet.

If at any point you have a contact or phone change, you can order replacement numbers or lettering to update your facility sign, without having to replace the entire sign.  Companies registered with INFOTRAC, CHEMTREC or PERS may choose to include this phone number on their sign as well.  If you have questions or need help, Isaac can be reached at 270-926-4600 Ext 202 or isaac@asmark.org.

KY Over-Dimensional Permits Move Online

The Kentucky Transportation Cabinet has announced it no longer accepts paper annual permit applications or renewals for Overweight/Over-Dimensional Permits.  Now, annual permit applications are required to be submitted through the online Kentucky Overweight/Over-Dimensional Portal.

Permits are required for vehicles over 8 feet wide and all annual permits are vehicle specific.  The original annual permit must be carried in the power unit at all times.  Make sure to plan ahead as permit orders can take 10-12 business days to process.  As a carrier, once your application is approved, you can log in and pay for the permit with a credit card or bank account.  If you do not already have a carrier login, please watch this training video on how to register.

Who You Gonna Call? - Now Add CSB to the List

The US Chemical Safety Board and Hazard Investigation Board (CSB) has approved a final rule on accidental release reporting.  The rule requires prompt reports to the CSB from owners or operators of facilities that experience an accidental release of an extremely hazardous or regulated substance that results in a death, serious injury or substantial property damage.  The rule is required by the CSB’s enabling legislation, but was not issued during the first 20 years of CSB operations.  Last year, a court ordered the CSB to finalize a rule within a year.

The submission of a report to the National Response Center (NRC) under other laws does not satisfy the CSB's reporting requirement, but it can be satisfied by submitting the NRC identification number to the CSB within 30 minutes of submitting a report to the NRC.  If the facility has not submitted a report to the NRC and then notified CSB, the facility must submit a report directly to CSB within 8 hours of the accidental release.  This CSB reporting rule greatly expands the reporting universe by not including release threshold quantity levels or even a list of extremely hazardous substances.  Being consequence based, any accidental release of any substance that causes a fatality, a serious injury or substantial property damage must be reported.  Click here for more information, including the information to be required in an accidental release report and key definitions.

"Tradeshow Truck" Wrap Up - See You Next Year!

The Asmark Institute "Tradeshow Truck" collectible program just wrapped up its third season, providing us with lots of opportunities to meet, greet and thank our clients.  This program continues to allow us to meet up with our clients in each state and thank them, while supporting the registration and meeting efforts of our state association partners.  During the 2019-2020 season, Donna traveled to 13 states, shook hands with hundreds of clients and ag industry folks and gave out more than 150 trucks.

Each year we will produce a special limited edition replica of a truck that will only be available to our Lighthouse retainer clients who register and attend the Tradeshow or Annual Meeting sponsored by their state association.  Stay tuned for the reveal of the fourth edition Tradeshow Truck coming this summer!

Once the 2020-2021 Tradeshow season starts up, we encourage you to watch for our special invitation and register for the meeting in your area, support your state agribusiness association and pick up your collectible.  See you next year!

OSHA Penalties Adjusted for Inflation

The maximum penalty amounts that OSHA can assess have been adjusted for inflation, effective January 15th.  The 2020 numbers are a result of a cost-of-living adjustment multiplier based on the Consumer Price Index, which was calculated at 1.101764 as of October 2019.  The most recent penalty amount for each level of violation was multiplied by this number and then rounded to the nearest dollar.  The new maximum penalty for serious violations will rise to $13,494 per violation. The maximum penalty for willful or repeated violations will increase to $134,937 per violation.

EPA Reaches Settlement with Kansas Company

EPA has reached a settlement with a company in Kansas to resolve alleged violations of federal Clean Air Act regulations at three ammonia fertilizer facilities.  At the time of EPA inspections in June and October 2018, each facility had over 10,000 pounds of anhydrous ammonia, making them subject to Risk Management Program regulations.  During the inspections, EPA determined that the company failed to submit, implement and update risk management plans for the release of anhydrous ammonia; failed to ensure that the facilities’ processes for handling anhydrous ammonia were designed in compliance with good engineering practices; failed to perform required tests and inspect processing equipment at the facilities; and failed to update required documentation.

In response to the inspection findings, the company took the necessary steps to return all three facilities to compliance.  Under the terms of the settlement, they agreed to pay a civil penalty of $71,652.  In addition to achieving regulatory compliance, the company also agreed to complete a project designed to enhance safety at six of its ammonia fertilizer facilities by installing emergency shutoff valves and emergency stop buttons.  The company estimates the project will cost at least $55,000.

Register With ResponsibleAg Today! 

Close to 2,600 facilities have registered with the ResponsibleAg Certification Program, with 1,340 facilities already receiving their certification, and in many cases been through the re-certification process.  We encourage you to register your facilities today!  For more information and to register, go to: www.responsibleag.org

Corteva to Phase Out Chlorpyrifos

Demand for one of Corteva's long-standing products, chlorpyrifos, has declined significantly over the last two decades, particularly in the U.S. Due to this reduced demand, Corteva has made the strategic business decision to phase out production of chlorpyrifos in 2020. Corteva will continue working on the ongoing registration process with EPA, as well as supporting EPA’s defense of chlorpyrifos in the 9th Circuit Court. Corteva will also continue to defend registrations of the product to allow existing product to be used by growers where registered. The company’s customers will have access to enough chlorpyrifos supply to cover current demand through the end of the year, while they transition to other products or other providers of chlorpyrifos.

EPA Finalizes Glyphosate Mitigation

EPA has concluded its regulatory review of glyphosate - the most widely used herbicide in the United States.  After a thorough review of the best available science, as required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA has concluded that there are no risks of concern to human health when glyphosate is used according to the label and that it is not a carcinogen. These findings are consistent with the conclusions of science reviews by many other countries and other federal agencies, including the U.S. Department of Agriculture, the Canadian Pest Management Regulatory Agency, the Australian Pesticide and Veterinary Medicines Authority, the European Food Safety Authority, and the German Federal Institute for Occupational Safety and Health. The agency is requiring additional mitigation measures to help farmers target pesticide sprays to the intended pest and reduce the problem of increasing glyphosate resistance in weeds.

Glyphosate has been studied for decades and the agency reviewed thousands of studies since its registration. It has been registered as a pesticide in the U.S. since 1974. Since glyphosate’s first registration, EPA has reviewed and reassessed its safety and uses, including undergoing registration review, a program that re-evaluates each registered pesticide on a 15-year cycle. Glyphosate is used on more than 100 food crops, including glyphosate-resistant corn, soybean, cotton, canola, and sugar beet. It is the leading herbicide for the management of invasive and noxious weeds and is used to manage pastures, rangeland, rights of ways, forests, public land, and residential areas. In addition, glyphosate has low residual soil toxicity and helps retain no-till and low-till farming operations.

National Labor Law Poster Updates

Considering the magnitude of state and federal agencies in existence today, it’s no surprise that labor laws are constantly changing.  The Federal Wage and Labor Law Institute (FWLLI) tracks these updates for us and we provide results for you.  Wondering if you need a poster update?  Click here to check for the latest Federal and/or State updates to the labor law posters.
Asmark Institute, Inc. This information is believed to be reliable by the Asmark Institute, however, because of constantly changing government regulations, interpretations and applicability or the possibility of human, mechanical or computer error, the Asmark Institute does not guarantee the information as suitable for any particular purpose.