Friday May 19 Ag News

NEBRASKA FARM BUREAU IDENTIFIES 10 EPA REGULATIONS TO MODIFY, REPEAL

Nebraska Farm Bureau has identified 10 key regulations the Environmental Protection Agency (EPA) should modify or repeal. The list was compiled and shared with the agency as part of a public comment request from the EPA seeking feedback on where regulatory changes are needed.

“For the past eight years, our nation’s food producers have endured a near constant onslaught of new regulations and attempts to use the federal regulatory process to further the objectives of both environmental and animal rights extremists. The leaders in the new administration, however, continue to demonstrate they want feedback from those who must comply with the regulations. It’s refreshing to work with an administration that follows the direction of Congress and is committed to common sense solutions that don’t needlessly increase costs and red tape for our members,” said Steve Nelson, Nebraska Farm Bureau president.

The list of 10 regulations Nebraska Farm Bureau recommended for modification or repeal include:

1.    EPA’s Waters of the U.S. (WOTUS) Rule. The measure grants the EPA broad sweeping authorities to regulate waterways and land management practices on private property. Farm Bureau recommended the agency repeal the existing rule and restart the process in a separate rulemaking to ensure it adheres to the EPA’s authority granted under the Clean Water Act and Supreme Court rulings.

2.    EPA’s Spill Prevention Control and Countermeasures (SPCC) Rule. The rule originally created regulations to prevent spills at oil refineries, but the EPA modified the measure to apply new regulations to prevent spills for on-farm fuel storage. The measure brought with it significant costs in engineering design and enhanced requirements for fuel storage, despite there being no history of spill issues on farms. Farm Bureau recommended SPCC regulations for farms be repealed.

3.    CERCLA/EPCRA Regulations – The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was originally aimed at helping cleanup sites contaminated with hazardous waste and assign liability for cleanup, while the Emergency Planning and Community Right-to-Know Act (EPCRA) was designed to help communities plan for chemical emergencies. Due to a recent court ruling, farmers will be required in 2017 to calculate and report emissions from the storage of livestock manure to be used as fertilizer on farm fields under CERCLA/EPCRA rules. Farm Bureau recommended EPA take regulatory action to clarify manure for use as fertilizer is not a “hazardous waste” subject to CERCLA/EPCRA regulations.

4.    Worker Protection Standards (WPS) Rule. EPA regulations currently allow individuals with a designated status to gain access to a farmer’s proprietary records related to pesticide use. The rules provide no restrictions on the sharing of the information, nor does it provide protection for farmers from fraudulent claims about pesticide use. The EPA adopted the measure despite any demonstration of how the rule improves work safety, yet it exposes farmers to additional paperwork and legal liability. Farm Bureau recommended the EPA repeal this and related provisions of the WPS.

5.    Clean Water Act “Normal Farming Practices.” Congress established that normal farming practices are exempt from the EPA and the U.S. Army Corps 404 “dredge and fill” permit requirements. The EPA and the Corps have continually narrowed the definition of farming practices exempt from permit requirements. As a result, plowing of farm fields without permits have led to enforcement actions against farmers. Farm Bureau recommended the EPA the and the Corps undertake rulemaking to re-establish the broader exemptions for normal farming practices.

6.    Total Maximum Daily Loads (TMDLs). Originally TMDLs were designed to limit pollutant loads into waterways, however, the EPA has used informal interpretations of the Clean Water Act to blur the line of authority between federal and state governments, robbing states of the ability to establish plans to meet state water quality standards. The federal overreach unlawfully puts the EPA in a positon to regulate farming practices. Farm Bureau recommended the EPA revise its TMDLs regulations to clarify that state’s, not the EPA, have the ability to manage water quality within their borders.

7.    Prior Converted Cropland. In 1993, the EPA and the U.S. Army Corps of Engineers adopted a regulation that any wetland converted to farmland before 1985 would not be designated as “Waters of the U.S.” subject to federal EPA/Corps regulations moving forward. In 2005, the Army Corps changed the rule stating that wetlands previously converted to farmlands could be regulated if the ground was put into a non-agriculture use. Despite a court ruling finding the Corps rule change was illegal, the Corps continues to re-regulate prior converted cropland. Farm Bureau recommended the EPA adopt regulation to recognize the original 1993 protection of converted cropland from Clean Water Act regulations.

8.    Army Corps of Engineers Wetland Delineation. The designation of wetlands on farm ground brings significant regulatory requirements and restrictions for land use. The Army Corps of Engineers was directed by Congress in 1993 to develop, with public input, a final manual on wetland designations, yet the agency has failed to do so allowing them significant latitude in wetland designations. Farm Bureau recommended the EPA not use the Corps wetland designations for regulatory purposes until the Corps finalizes a wetland designation manual through the rigors and transparency of the public notice and comment process.

9.    Revisions to State Administered EPA Permits. States, like Nebraska, often take on the responsibility of issuing federal permits on the EPA’s behalf. Because states often have limited staff, they can and do establish a process to administratively continue existing permits versus reissuing new permits upon expiration. This saves the state and the permit holder time and money. The EPA is now proposing to give itself the power to object to this process, eliminating these benefits. Farm Bureau recommended the EPA withdraw its proposal to intervene in states’ ability to administratively continue permits.

10.  National Ambient Air Quality Standards (NAAQS) for Course Particulate Matter. These regulations deal with emissions into the air known as course particulate matter. The current definition of course particulate matter is overly broad and doesn’t account for naturally occurring sources of particulate matter such as dust on farms. Farm Bureau recommended EPA reexamine these regulations to ensure agriculture operations aren’t pulled in under NAAQS regulations based on naturally occurring emissions like dust on farms.

“We appreciate the administration’s willingness to examine these regulations. Farmers and ranchers are true environmental stewards and are committed to taking care of land and water resources that provide for them and for future generations. There is a time and place for environmental regulations, but they must be based on common sense and not founded in expanding regulatory power for a federal agency which was the basis of many of the regulations introduced under the previous administration,” said Nelson.



Corn Survival in Ponded or Flooded Fields 
Roger Elmore - NE Extension Cropping Systems Agronomist

Heavy rains of 2 to more than 6 inches in south central Nebraska May 15-19 have led to ponding or flooding in many fields. Survival of young corn plants under these conditions depends on several factors.

Smaller seedlings are more susceptible than larger seedlings. The effect of standing water on germinating seeds is not well known. Some hybrids will probably respond better than others, yet differentiating among poor and good hybrids is not possible due to limited data.

A germinating seed is a living organism and as such requires oxygen to survive. In flooded soil conditions, the oxygen supply will become depleted within approximately 48 hours. Cool air temperatures help to increase the possibility of survival. Yet, we would not expect survival of germinating seeds to be greater than that of young plants; they should not be expected to survive more than four days.

Additional points on heavy rains, flooding, and crusting (from CropWatch, May 23, 2011).
-    The longer an area remains ponded, the higher the risk of plant death.
-    Completely submerged corn is at higher risk than corn that is partially submerged. Plants that are only partially submerged may continue to photosynthesize, albeit at limited rates.
-    Corn will survive longer when temperatures are relatively cool — mid-60s or cooler — than when it's warm — mid-70s or warmer. Cooler temperatures forecast for this week will encourage survival.
-    Even if surface water subsides quickly, the likelihood of dense surface crusts forming as the soil dries increases the risk of emergence failure for recently planted crops.
-    Extended periods of saturated soils after the surface water subsides will take their toll on the overall vigor of the crop.
-    Associated with the direct stress of saturated soils on a corn crop, flooding and ponding can cause significant losses of soil nitrogen due to denitrification and leaching of nitrate N. (See earlier CW article.)
-    In addition, diseases and other problems can develop due to silt in the whorls.



Groundwater Levels Decline 0.53 Feet on the Average in Upper Big Blue NRD

During April-May 2017, the Upper Big Blue NRD measured 528 observation wells throughout the District and then averaged the data of all these wells.  Overall, the spring 2017 average measurement for the groundwater level change shows a decline of 0.53 feet from last spring.  The findings show that the spring 2017 average groundwater level is 3.02 feet above the “Allocation Trigger.”  As a result, there will be no allocation restrictions for the 2018 irrigation season.

All groundwater irrigators are required to annually report their water use.  This is how the NRD records historic use.  Irrigator’s records are very important for making wise management decisions.  Even though the reported 2016 withdrawals were above the three-year average, they were still well below the 2012 growing season usage.  That is good news for landowners, operators, and District staff as the 2016 growing season was certainly one for the record books.  Heavy spring rains (avg. 10.21” in April and May) and above average temperatures in June (eight degrees warmer than June 2015) made for a non-typical growing season in the Upper Big Blue NRD.  As the 2016 growing season and harvest went by, the NRD had some producers reporting that they were using as much water in 2016 as they did in 2012.  Hence, the amount of water pumped during the 2016 growing season has a direct impact on the groundwater level measurements collected during spring 2017. 

The District goal is to hold the average groundwater level at, or above the 1978 level.  In 2005, the District average groundwater level reached the “Reporting Trigger” initiating groundwater users to report annual groundwater use to the District and to certify their irrigated acres.  If the District average level falls below the 1978 level (“Allocation Trigger”), groundwater allocation will begin.

Observation wells are measured in the spring of each year, allowing the water table to rebound from the previous irrigation season.  The observation wells measured are uniformly distributed and represented geographically throughout the District to provide an accurate profile of the District average.  Each well measured is assigned an area of the District based on distances to other measured wells.  This method of averaging is called the Thiessen polygon method, and gives the average groundwater level change calculation a weighted average.  For more information, please visit www.upperbigblue.org or call (402) 362-6601.  



Nebraska researchers join national team studying psychology of water use

            Six University of Nebraska researchers will join colleagues at Penn State University, Arizona State University and the U.S. Department of Agriculture’s Agricultural Research Service (USDA/ARS) to develop a model for engaging communities and stakeholders to ensure adequate supplies of good-quality water both for and from agriculture.

            The USDA’s National Institute of Food and Agriculture has awarded $2.2 million for the first year of a planned four-year, $5 million project to 18 researchers from the University of Nebraska-Lincoln, Penn State University, Arizona State University and USDA/ARS.

            “The project’s main goal is to promote sustainable water management through the use of a proven, flexible, and transferable model of engagement of farmers and other stakeholders,” said Chittaranjan Ray, director of the Nebraska Water Center, within the University of Nebraska’s Daugherty Water for Food Global Institute.

            Case study locations in Nebraska, Arizona and Pennsylvania represent different types of water issues and various institutional settings.

            “Development of the stakeholder engagement model will involve testing how what we know, how we behave, and how our institutional partnerships, collective norms and other factors affect the way we address increasingly complex water issues faced by farmers and water resource managers at the local level,” said School of Natural Resources environmental scientist Mark Burbach, who is part of the study.

            Joining Burbach and Ray from the the university are agricultural economists Lilyan Fulginiti, and Richard Perrin, Department of Agricultural Economics; crops-economic risk management extension educator Jessica Grosskopf, Panhandle Research and Extension Center, Scottsbluff; and Daran Rudnick, irrigation management specialist, Department of Biological Systems Engineering.

            The full research group includes nine researchers from Penn State University, including the project’s leader, rural sociologist Kathryn Brasier; two from Arizona State University and one from USDA/ARS.

            “Part of the viability of this project comes from the depth and diversity of the cooperating researchers from three separate regions of the country,” Ray said.

            The project will develop a model for stakeholder engagement that transforms the way scientists, extension educators, government officials and others combine their knowledge, communication and engagement skills to effectively reach out to water users who have their own knowledge base, perceptions and societal influences on how and why they use water in their agricultural operations.           

“The project will help us better understand how farmers and other water users get information and made decisions about water usage in agriculture” Burbach said.

            Researchers will conduct the project in parts of Nebraska, Arizona and Pennsylvania and will also consult with partners in Israel and Australia to learn about their engagement and assessment work. The collected data will be used to help create a transferable engagement model that can be used internationally.



April Milk Production in the United States up 2.0 Percent

Milk production in the United States during April totaled 18.3 billion pounds, up 2.0 percent from April 2016.  Production per cow in the United States averaged 1,949 pounds for April, 24 pounds above April 2016.  The number of milk cows on farms in the United States was 9.39 million head,
69,000 head more than April 2016, and 8,000 head more than March 2017.

Milk production in Iowa during April 2017 totaled 432 million pounds, up 2 percent from the previous April according to the latest USDA, National Agricultural Statistics Service – Milk Production report. The average number of milk cows during April, at 217,000 head, was 1,000 more than last month and 5,000 more than last year. Monthly production per cow averaged 1,990 pounds, the same as last April.



Iowa’s Wine Industry Continues to Grow

 May is Iowa Wine Month, celebrating an industry that continues to grow within the state.

Iowa is home to 103 wineries and nearly 300 vineyards, up substantially from just 13 wineries and 15 growers in 1999. The industry makes a $420 million economic impact on the state, according to the most recent impact study conducted in 2012. Additionally, wine-related tourism in Iowa had an economic impact of $41 million, drawing nearly 360,000 visitors to the state.

“Iowa’s wineries are drawing people to their tasting rooms, showcasing locally grown and produced wines,” said Jennie Savits, enology specialist with the Midwest Grape and Wine Industry Institute. “Many of these wineries are in rural areas and they also provide event space for that community, whether it’s for a music event, wedding or other gathering. They are helping enhance the communities where they are located.”

The Midwest Grape and Wine Industry Institute at Iowa State University works to help the wine-making industry in the state continue to grow.

“We provide resources on best practices for growing grapes and making wine, this includes topics such as winery sanitation and proper processing techniques,” Savits said. “We also help producers with their stylistic choices. Wine in Iowa is unique, due to the cold hardy grapes grown here. You are going to taste something different than from the traditional wine regions.”

The climate in Iowa is much different than what is found in traditional wine-making areas of the world, but the development of cold-tolerant varieties has allowed grapes to be grown in previously unsuitable areas.

“Part of our research is trying to help producers figure out what types of grapes to grow, and the processing techniques to employ to produce their desired style of wine,” Savits said. “The chemistry of grapes grown in Iowa is different than what is grown in California or Europe so we are working to discover what type of characteristics the grapes possess.”

Despite the different climate, two parts of the state have been designated American Viticulture Areas, the southwest corner of Iowa and the northeastern part of the state near the Mississippi River. The designation means the soil and geography of that area is different enough that it will positively affect growing.

For those wishing to learn more about sensory evaluation of wine, the Midwest Grape and Wine Industry Institute will host its Intensive Tasting Proficiency Training in July. The workshop will teach a variety of skills in wine evaluation to become proficient in tasting wines critically.

For a map of all Iowa wineries and more information about the Iowa wine industry visit http://www.extension.iastate.edu/wine.



U.S. PORK NOW ACCEPTED IN BARBADOS

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) this week updated the export requirements for U.S. pork access to Barbados. The change makes fresh/frozen and cooked pork and pork products officially eligible for export to the island nation.

Barbados has accepted the use of the U.S. pork industry’s Pork Quality Assurance Plus (PQA Plus) program sourcing as a means to meet trichinae mitigation requirements, which allows for the shipment of fresh chilled pork products without testing, freezing or cooking. Previously, wild boar was the only pork product that could be exported to Barbados.

According to the U.S. Department of Commerce, the United States has been shipping very minimal volumes of frozen pork to Barbados over the past few years. The country’s 186 percent duty on pork products – except ribs and some cuts for hotels – continues to be the biggest hurdle to the market.



Trump Plan to Balance Budget Includes Farm Subsidy Cuts

A budget plan President Donald Trump is expected to submit to Congress Tuesday includes steep cuts to farm subsidies, according to Bloomberg News. The 2018 budget proposal, which would begin the process of balancing the budget within ten years, would make cuts to mandatory spending on an array of social programs while sparing the Social Security and Medicare entitlement programs. The budget proposal will also include Trump's proposal to overhaul the tax code.

With an effort of eliminating the federal deficit, many suspect tax cuts will be offset by the elimination of credits and deductions, a move opposed by agriculture groups who say farmers need both. Bloomberg News says the possibility of proposed cuts to target price supports and crop insurance led House Agriculture Chairman Mike Conaway to seek a meeting with White House director Mick Mulvaney.

However, Senate leader Mitch McConnell of Kentucky signaled that lawmakers would seek substantial changes to the proposal, calling it a “process of negotiation.” McConnell added: “We haven’t paid a whole lot of attention to any president’s budget since I’ve been here.”



Senate Ag to Hold Farm Economy Hearing

The Senate Agriculture Committee will hold a hearing on the farm economy conditions Thursday, May 25th. Announced by leadership of the committee, Senators Pat Roberts, and Debbie Stabenow, the hearing is titled "Examining the Farm Economy: Perspectives on Rural America."

The hearing is recognized as the start of the Senate Agriculture Committee's farm bill hearings. It follows two "boots on the ground" field hearings in Kansas and Michigan, according to Chairman Roberts. Ranking Democrat Stabenow says the committee “must understand the current state of the farm and rural economy because our farmers and families are already doing more with less."

Witnesses for the hearing have not been determined but will be announced before the hearing.



REMINDER: Deadline Approaching for BQA Award Nominations

Nominations for the 2018 national Beef Quality Assurance (BQA) Awards are due by June 2, 2017. The beef checkoff-funded program, now in its 12th year, recognizes five winners in the areas of beef and dairy beef production, marketing and education.

Categories for the award are:

BQA Cow-Calf, BQA Feedyard and BQA Dairy awards recognize producers who best demonstrate the implementation of BQA principles as part of day-to-day activities on their respective operations;

The BQA Educator Award is open to individuals or companies that provide high quality and innovative training to individuals who care for and handle cattle throughout the industry chain; and

The BQA Marketer Award is open to livestock markets, cattle buyers and supply-chain programs that promote BQA to their customers and offer them opportunities to get certified.

Nominations for the national BQA Awards are submitted by organizations, groups, or individuals on behalf of a U.S. beef producer, dairy beef producer, marketer or educator. Individuals and families may not nominate themselves, although nominees are expected to be involved in the preparation of the application. While applications from past nominees are encouraged, previous winners may not reapply.

Winners of the BQA Awards are selected by a committee of BQA-certified representatives from universities, state beef councils, sponsors and affiliated groups.

For the application and nomination requirements, go to www.bqa.org. Applications should be submitted to Grace Webb at gwebb@beef.org.



NGFA reiterates need for STB to develop streamlined rate-challenge procedure for ag commodities

The National Grain and Feed Association (NGFA) this week submitted a statement to the Surface Transportation Board (STB) again calling on the agency to develop a new, streamlined and cost-effective method for grain and other agricultural shippers to challenge unreasonable rail rates.

The NGFA submitted the statement in response to an STB proposal to improve and expedite its existing freight rail rate-review process.

"The NGFA consistently has supported the STB's efforts to improve and streamline the procedures used to evaluate formal rail rate complaints," the statement said, referencing the NGFA's extensive 2014 proposal of a new, innovative, objective and inexpensive rate-challenge methodology. "The NGFA again urges the STB to redouble its efforts to develop and implement meaningful changes to its current rate-reasonableness standards and methodologies that have rendered futile the pursue of rate-reasonableness challenges by grain and other agricultural shippers."

No rate challenge has been filed by an agricultural shipper in nearly 40 years.

In its statement, the NGFA commended the STB for several of its proposed procedures designed to expedite rate cases, which the association said also could be applied to a new process for challenging unreasonable grain rail rates if the STB ultimately creates one. STB-proposed concepts supported by the NGFA would involve:

    Limiting the length of final briefs in rate cases to no more than 30 pages. The NGFA did recommend that the STB evaluate the need for or length of closing briefs on a case-by-case basis to determine whether to dispense with the filing of final briefs or even shorter page limits depending upon the case and issues involved.

    Appointing a STB staff liaison to be the point-of-contact to provide technical advice to the parties involved in a specific rate case in an effort to reduce the number of issues brought to the full agency for resolution.

    Staggering the filing of public and highly confidential versions of filings three days apart, as well as adoption of standardized markings to designate confidential, highly confidential and sensitive security information.