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Newsletter
Volume 74
January 4, 2010
Best Wishes for a Safe, Healthy & Prosperous New Year!
One of the real joys of ringing in a New Year is the opportunity to say "Thank You" and to wish you the very best for a safe, healthy and prosperous 2010! We appreciate our relationship and the opportunity to work with you in 2010!
Ford West Celebrates 30 Years at The Fertilizer Institute (TFI)
We extend our congratulations to Ford West on thirty years of service with TFI! It is quite an accomplishment this day and time for someone to span thirty years with one organization, let alone accomplish all that Ford has with TFI on behalf of our industry. We heard that Happy Birthday wishes were also in order. Congratulations Ford!
Mary Jane Stankiewicz Elected to KSAE President
Congratulations to KARA COO & Senior VP of Government Affairs, Mary Jane Stankiewicz, for being elected as President of the Kansas Society of Association Executives (KSAE). KSAE is the "association for associations" in Kansas and helps members network with other association executives, lobbyist members, and associate members that provide services to associations. As President, Mary Jane, along with other board members, will be responsible for overseeing staff and committees on the association's objectives and missions for 2010. Congratulations Mary Jane!
Waiting for the shoe to drop
"Waiting for the other shoe to drop"
The old saying means waiting for something bad to happen which you are expecting and it comes from a famous music hall joke about a man who is woken by the drunk upstairs dropping his shoe. He can't get back to sleep because he is waiting for the second crash on the ceiling. Not counting the turmoil in the economy, I believe most people in the agricultural industry would agree the first shoe dropped shortly after the last presidential election. One year later, our industry finds itself under attack by a wave of new regulations and a rash of decisions that have been overturned or re-opened. Any one of the following "shoes" will impact our industry, and combined, they could have a devastating effect. We encourage you to review the following regulatory challenges and start developing your plan of action.
Best Example: Right now data about your driving is being recorded by DOT for your new Driver Safety Rating when FMCSA's new CSA 2010 goes into effect in July, 2010. Drivers will now have their own individual safety rating in addition to the safety rating for your business. Drivers have to know that with CSA 2010, they are responsible for their own safety ratings.
Comprehensive Safety Analysis 2010, (CSA 2010) is a new DOT initiative to improve the effectiveness of the Federal Motor Carrier Safety Administration's (FMCSA) compliance and enforcement programs. It's designed to reduce commercial motor vehicle crashes, injuries, and fatalities while providing increased efficiency for FMCSA and states. The key features of CSA 2010 are to; 1) Increase the opportunity to have contact with more carriers and drivers, 2) Use more and better data to improve performance measurements for identifying high risk carrier and driver behaviors, and 3) Apply a wide range of interventions to correct these high risk behaviors before they become chronic and habitual. Warning: Data is being collected now that will affect you and your drivers when CSA 2010 is launched in July 2010.
CSA 2010 will monitor both the carrier and driver safety performance and assign safety ratings as appropriate based upon the data they receive. Joann, Samantha and Donna have developed a special five-page report on CSA 2010 for your use. Click here for a copy of the CSA 2010 Special Report.
Court Decision Puts NPDES Permits In-Play for retailers by potentially requiring a NPDES Permit for each field they make application. A three-judge panel of the 6th Circuit Court of Appeals vacated an EPA rule that allowed pesticides to be applied to U.S. waters without a Clean Water Act permit. Our industry benefitted from the November 27, 2007, EPA-issued final rule, which stated that pesticides applied in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) are exempt from the Clean Water Act's National Pollutant Discharge Elimination System (NPDES) permitting requirements. The recent court ruling held that pesticides and any residue are pollutants requiring NPDES permits if they reach waters of the U.S. As it stands today, compliance could be required as early as 2011.
CVSA Targets Ag Retailers to Lose Hours of Service Exemption - A study by DOT's Volpe National Transportation Systems Center found that agricultural carriers operating exclusively within a 100-mile radius had a 19 percent higher crash rate than agricultural carriers operating outside a 100-mile radius during the period of 2005-2007. The data has been challenged by the agricultural industry as being misleading and inaccurate, offering real examples of accident rates. CVSA officials maintain "the exemptions provided in the last Highway Act (SAFETEA-LU) are largely responsible for the increased accident rates." Repeal of the exemption could come as early as 2010.
DOT Targets Nurse Tank Owners & Operators
The year 2009 resulted in a significant number of DOT inspections at anhydrous ammonia sites with nurse tanks. The inspections were focused on the level of compliance regarding nurse tanks, especially those with illegible or missing ASME dataplates. DOT also came under pressure in 2009 for their handling of the Special Permit program. The combination of increased awareness with a renewed motivation by the agency to prove they are adequately capable of administering these special programs, will result in increased enforcement. If you are currently operating nurse tanks that have missing or illegible ASME data plates, you must take immediate action or risk being put out of service when the DOT visits.
EPA Reopens Atrazine Review in 2009 by launching a comprehensive new evaluation of the pesticide to determine its effects on humans. Industry just concluded a comprehensive review based on sound scientific data in recent years. EPA now wants to evaluate the pesticide's potential cancer and non-cancer effects on humans. Included in this new evaluation will be the most recent studies on atrazine and its potential association with birth defects. In a statement released by EPA's new administrator, Lisa Jackson, she said, "we are taking a hard look at the decision made by the previous administration on atrazine." Expect results from this new evaluation as soon as the fall of 2010.
Proposed New Labeling Rules to Control Spray Drift by EPA will have broader implications than expected based on the intent of reducing off-target spray and dust drift. After eight years of work on developing best management practices for minimizing spray drift, EPA recently announced it will include evaluation of children's exposure to pesticide drift for the purpose of determining whether or not to adopt requirements for "no-spray" buffer zones near homes, schools, day-care centers, and parks. Compliance is expected as early as 2011.
EPA Refusing to Discuss its Decision to Ban Carbofuran is unprecedented and sends a strong signal to the agricultural industry of what is to come. EPA's decision to refuse to grant an administrative hearing on its decision to ban the insecticide carbofuran upset FMC, which is pursuing a legal remedy and has gone on record as saying "EPA's unprecedented attempt to deny any review of its science deprives the registrant and the growers who use carbofuran the right to prove that the product is safe, and represents a bold abuse of power in contradiction of the agency's earlier commitment to transparency and good science." Carbofuran ban was effective January 1, 2010.
Indiana Updates Regulatory Services Portal
The Indiana Emergency Response Committee has deemed reporting through Regulatory Service Portal (RSP) mandatory for the 2010 Tier II reporting season, beginning January through March 2011. Go to www.idem.IN.gov/5964.htm and click on the RSP link to login and begin your notification/reporting after receiving notification of your approved IESA form. RSP will provide access to previously submitted facility information to review, update, verify, certify, and quickly resubmit. New Requirement: Due to new federal electronic reporting requirements, all individuals submitting electronic Community Right To Know (CRTK) reports for facilities, including 302, 311, & 312 forms must submit an original signed Indiana Electronic Subscriber Agreement (IESA) form to IDEM prior to filing any CRTK reports electronically. To complete the IESA, begin by going to IDEM's e-Services portal at: www.idem.IN.gov/5964.htm. Fill out, print and mail the form to IDEM. After the form with an individual's signature has been received; IDEM staff will review the submitted IESA, and verify the information. IDEM will notify the individual by e-mail that they can proceed with submitting their CRTK reports electronically through IDEM's Regulatory Service Portal (RSP). The original signed IESA form must be submitted and approved for each facility that will be reporting in 2010.
Environmental Respect Awards Celebrates 20th Anniversary
The Environmental Respect Award, sponsored by DuPont Crop Protection and CropLife magazine, will introduce a new "Spirit of Respect" award for past U.S. regional and national Environmental Respect Award winners. "For 20 years we have had the privilege of honoring hundreds of agricultural retail supply businesses for their clear commitment to environmental stewardship," says K. Elliott Nowels, Environmental Respect Awards program director. "With this new award, it is our intent to encourage those retailers that have already won to not only keep at it, but to take it even further. We want to create a new set of great stories and fine examples in an industry that is increasingly focused on the environment and food safety." This addition to the Environmental Respect Awards is open to past regional and national winners that have won awards three or more years ago and is focused on one of the program's main objectives: to encourage continuous improvement of environmental stewardship initiatives among U.S. agricultural supply retailers. In addition to the Spirit of Respect Award, the program will celebrate 20 years with a special Capitol Hill Reception and Stewardship Forum in Washington, D.C. in July, where past winners and industry leaders will gather to honor environmental respect and discuss stewardship. The Environmental Respect Awards has launched the 2010 U.S. program, as well as the program for vegetation management and forestry professionals and the Spirit of Respect Award. For information on the Environmental Respect Awards and how retailers can participate, visit www.environmentalrespect.com.
Comment Period for Spray Drift Notices Extended
EPA published a Federal Register notice announcing it is extending the public comment period for an additional 60 days, until March 5, 2010, for the two Federal Register notices concerning pesticide drift.
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 Missouri Department of Agriculture (MDA) will conduct on-site safety assessments. The State Emergency Management Agency 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. Our affiliates at MO-AG and their members assisted with making of the video. To view the video and the complete EPA Press Release, visit www.mo-ag.com.
IRS Announces 2010 Standard Mileage Rates
The Internal Revenue Service issued the 2010 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on January 1, 2010, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) is: 50 cents per mile for business miles driven; 16.5 cents per mile driven for medical or moving purposes; and 14 cents per mile driven in service of charitable organizations. Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.
Worth repeating...
"The most terrifying words in the English language are: I'm from the government and I'm here to help," said Ronald Reagan, the former President recognized for reuniting the American people by winning 49 out of the 50 states and de-nationalizing the national government at a time when it was vitally needed.
2009 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.
Best Wishes for a Safe, Healthy & Prosperous New Year!
One of the real joys of ringing in a New Year is the opportunity to say "Thank You" and to wish you the very best for a safe, healthy and prosperous 2010! We appreciate our relationship and the opportunity to work with you in 2010!
Ford West Celebrates 30 Years at The Fertilizer Institute (TFI)
We extend our congratulations to Ford West on thirty years of service with TFI! It is quite an accomplishment this day and time for someone to span thirty years with one organization, let alone accomplish all that Ford has with TFI on behalf of our industry. We heard that Happy Birthday wishes were also in order. Congratulations Ford!
Mary Jane Stankiewicz Elected to KSAE President
Congratulations to KARA COO & Senior VP of Government Affairs, Mary Jane Stankiewicz, for being elected as President of the Kansas Society of Association Executives (KSAE). KSAE is the "association for associations" in Kansas and helps members network with other association executives, lobbyist members, and associate members that provide services to associations. As President, Mary Jane, along with other board members, will be responsible for overseeing staff and committees on the association's objectives and missions for 2010. Congratulations Mary Jane!
Waiting for the shoe to drop
"Waiting for the other shoe to drop"
The old saying means waiting for something bad to happen which you are expecting and it comes from a famous music hall joke about a man who is woken by the drunk upstairs dropping his shoe. He can't get back to sleep because he is waiting for the second crash on the ceiling. Not counting the turmoil in the economy, I believe most people in the agricultural industry would agree the first shoe dropped shortly after the last presidential election. One year later, our industry finds itself under attack by a wave of new regulations and a rash of decisions that have been overturned or re-opened. Any one of the following "shoes" will impact our industry, and combined, they could have a devastating effect. We encourage you to review the following regulatory challenges and start developing your plan of action.
Best Example: Right now data about your driving is being recorded by DOT for your new Driver Safety Rating when FMCSA's new CSA 2010 goes into effect in July, 2010. Drivers will now have their own individual safety rating in addition to the safety rating for your business. Drivers have to know that with CSA 2010, they are responsible for their own safety ratings.
Comprehensive Safety Analysis 2010, (CSA 2010) is a new DOT initiative to improve the effectiveness of the Federal Motor Carrier Safety Administration's (FMCSA) compliance and enforcement programs. It's designed to reduce commercial motor vehicle crashes, injuries, and fatalities while providing increased efficiency for FMCSA and states. The key features of CSA 2010 are to; 1) Increase the opportunity to have contact with more carriers and drivers, 2) Use more and better data to improve performance measurements for identifying high risk carrier and driver behaviors, and 3) Apply a wide range of interventions to correct these high risk behaviors before they become chronic and habitual. Warning: Data is being collected now that will affect you and your drivers when CSA 2010 is launched in July 2010.
CSA 2010 will monitor both the carrier and driver safety performance and assign safety ratings as appropriate based upon the data they receive. Joann, Samantha and Donna have developed a special five-page report on CSA 2010 for your use. Click here for a copy of the CSA 2010 Special Report.
Court Decision Puts NPDES Permits In-Play for retailers by potentially requiring a NPDES Permit for each field they make application. A three-judge panel of the 6th Circuit Court of Appeals vacated an EPA rule that allowed pesticides to be applied to U.S. waters without a Clean Water Act permit. Our industry benefitted from the November 27, 2007, EPA-issued final rule, which stated that pesticides applied in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) are exempt from the Clean Water Act's National Pollutant Discharge Elimination System (NPDES) permitting requirements. The recent court ruling held that pesticides and any residue are pollutants requiring NPDES permits if they reach waters of the U.S. As it stands today, compliance could be required as early as 2011.
CVSA Targets Ag Retailers to Lose Hours of Service Exemption - A study by DOT's Volpe National Transportation Systems Center found that agricultural carriers operating exclusively within a 100-mile radius had a 19 percent higher crash rate than agricultural carriers operating outside a 100-mile radius during the period of 2005-2007. The data has been challenged by the agricultural industry as being misleading and inaccurate, offering real examples of accident rates. CVSA officials maintain "the exemptions provided in the last Highway Act (SAFETEA-LU) are largely responsible for the increased accident rates." Repeal of the exemption could come as early as 2010.
DOT Targets Nurse Tank Owners & Operators
The year 2009 resulted in a significant number of DOT inspections at anhydrous ammonia sites with nurse tanks. The inspections were focused on the level of compliance regarding nurse tanks, especially those with illegible or missing ASME dataplates. DOT also came under pressure in 2009 for their handling of the Special Permit program. The combination of increased awareness with a renewed motivation by the agency to prove they are adequately capable of administering these special programs, will result in increased enforcement. If you are currently operating nurse tanks that have missing or illegible ASME data plates, you must take immediate action or risk being put out of service when the DOT visits.
EPA Reopens Atrazine Review in 2009 by launching a comprehensive new evaluation of the pesticide to determine its effects on humans. Industry just concluded a comprehensive review based on sound scientific data in recent years. EPA now wants to evaluate the pesticide's potential cancer and non-cancer effects on humans. Included in this new evaluation will be the most recent studies on atrazine and its potential association with birth defects. In a statement released by EPA's new administrator, Lisa Jackson, she said, "we are taking a hard look at the decision made by the previous administration on atrazine." Expect results from this new evaluation as soon as the fall of 2010.
Proposed New Labeling Rules to Control Spray Drift by EPA will have broader implications than expected based on the intent of reducing off-target spray and dust drift. After eight years of work on developing best management practices for minimizing spray drift, EPA recently announced it will include evaluation of children's exposure to pesticide drift for the purpose of determining whether or not to adopt requirements for "no-spray" buffer zones near homes, schools, day-care centers, and parks. Compliance is expected as early as 2011.
EPA Refusing to Discuss its Decision to Ban Carbofuran is unprecedented and sends a strong signal to the agricultural industry of what is to come. EPA's decision to refuse to grant an administrative hearing on its decision to ban the insecticide carbofuran upset FMC, which is pursuing a legal remedy and has gone on record as saying "EPA's unprecedented attempt to deny any review of its science deprives the registrant and the growers who use carbofuran the right to prove that the product is safe, and represents a bold abuse of power in contradiction of the agency's earlier commitment to transparency and good science." Carbofuran ban was effective January 1, 2010.
Indiana Updates Regulatory Services Portal
The Indiana Emergency Response Committee has deemed reporting through Regulatory Service Portal (RSP) mandatory for the 2010 Tier II reporting season, beginning January through March 2011. Go to www.idem.IN.gov/5964.htm and click on the RSP link to login and begin your notification/reporting after receiving notification of your approved IESA form. RSP will provide access to previously submitted facility information to review, update, verify, certify, and quickly resubmit. New Requirement: Due to new federal electronic reporting requirements, all individuals submitting electronic Community Right To Know (CRTK) reports for facilities, including 302, 311, & 312 forms must submit an original signed Indiana Electronic Subscriber Agreement (IESA) form to IDEM prior to filing any CRTK reports electronically. To complete the IESA, begin by going to IDEM's e-Services portal at: www.idem.IN.gov/5964.htm. Fill out, print and mail the form to IDEM. After the form with an individual's signature has been received; IDEM staff will review the submitted IESA, and verify the information. IDEM will notify the individual by e-mail that they can proceed with submitting their CRTK reports electronically through IDEM's Regulatory Service Portal (RSP). The original signed IESA form must be submitted and approved for each facility that will be reporting in 2010.
Environmental Respect Awards Celebrates 20th Anniversary
The Environmental Respect Award, sponsored by DuPont Crop Protection and CropLife magazine, will introduce a new "Spirit of Respect" award for past U.S. regional and national Environmental Respect Award winners. "For 20 years we have had the privilege of honoring hundreds of agricultural retail supply businesses for their clear commitment to environmental stewardship," says K. Elliott Nowels, Environmental Respect Awards program director. "With this new award, it is our intent to encourage those retailers that have already won to not only keep at it, but to take it even further. We want to create a new set of great stories and fine examples in an industry that is increasingly focused on the environment and food safety." This addition to the Environmental Respect Awards is open to past regional and national winners that have won awards three or more years ago and is focused on one of the program's main objectives: to encourage continuous improvement of environmental stewardship initiatives among U.S. agricultural supply retailers. In addition to the Spirit of Respect Award, the program will celebrate 20 years with a special Capitol Hill Reception and Stewardship Forum in Washington, D.C. in July, where past winners and industry leaders will gather to honor environmental respect and discuss stewardship. The Environmental Respect Awards has launched the 2010 U.S. program, as well as the program for vegetation management and forestry professionals and the Spirit of Respect Award. For information on the Environmental Respect Awards and how retailers can participate, visit www.environmentalrespect.com.
Comment Period for Spray Drift Notices Extended
EPA published a Federal Register notice announcing it is extending the public comment period for an additional 60 days, until March 5, 2010, for the two Federal Register notices concerning pesticide drift.
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 Missouri Department of Agriculture (MDA) will conduct on-site safety assessments. The State Emergency Management Agency 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. Our affiliates at MO-AG and their members assisted with making of the video. To view the video and the complete EPA Press Release, visit www.mo-ag.com.
IRS Announces 2010 Standard Mileage Rates
The Internal Revenue Service issued the 2010 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on January 1, 2010, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) is: 50 cents per mile for business miles driven; 16.5 cents per mile driven for medical or moving purposes; and 14 cents per mile driven in service of charitable organizations. Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.
Worth repeating...
"The most terrifying words in the English language are: I'm from the government and I'm here to help," said Ronald Reagan, the former President recognized for reuniting the American people by winning 49 out of the 50 states and de-nationalizing the national government at a time when it was vitally needed.
2009 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.