Regulatory

EPA Pesticide Mini-Bulk Container Rule Effective August 16, 2011

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, 2011 there 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 click here.

New Requirements Effective August 16, 2011
Refillable containers will require:

One-way valves or tamper evident device on openings is required.
Containers must have a unique method of identification such as a serial number or other ID code.
Must meet DOT design, construction, marking.
No limits on size, except those place by registrants, of the refillable container
Must be cleaned between uses unless tamper evident and/or one-way valves are intact and filled with same product.
Containers must be on an approved list from the registrant.
Must have registrant's cleaning instructions and repackaging authorization on hand.
EPA Est. # and net contents must be on the product label affixed to the tank.
Container integrity is the responsibility of both refiller and the registrant.
Records must be kept for each inspection and fill.

Notification Documentation for Reciprocating Internal Combustion Engines

In February, 2010, the EPA provided a final ruling on National Emission Standards for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines (RICE). This ruling affects existing stationary diesel engines. The rule is applicable to following categories of diesel engines:

Engines used at "area sources" of air toxics emissions and constructed or reconstructed before June 12, 2006
Engines used at "major sources" of air toxics emissions, have a site rating of less than or equal to 500 hp, and constructed or reconstructed before June 12, 2006
Engines used at "major sources" of air toxics for non-emergency purposes, have a site rating of greater than 500 hp, and constructed or reconstructed before December 19, 2002

"Major sources" of air toxics are defined as those that emit 10 short tons per year of a single air toxic or 25 short tons per year of a mixture of air toxics. "Area sources" are those sources that are not "major sources."

RICE NESHAP requires end-users (facility operators) to report to their regional EPA office if their facility falls under the provisions stated in 40 CAugust 22, 2011n writing by either August 31, 2010 (120 days after the effective date of the relevant standard), or 120 days after you become subject to the relevant standard. Initial notification is the responsibility of the owner/operator of the source.

Questions and notifications can be submitted to EPA and directed to:
EPA Region VII
Rebecca Webber
Director, Air and Waste Management Division
901 N. 5th St
Kansas City, KS 66101

The notification documentation can be obtained here click here.

SPCC Rule EPA Guide

A facility is covered by the SPCC rule if it has an aggregate aboveground oil storage capacity greater than 1,320 U.S. gallons or a completely buried storage capacity greater than 42,000 U.S. gallons and there is a reasonable expectation of an oil discharge into or upon navigable waters. To view the EPA's guide to the SPCC rule click here.

Hours of Service Exemption Study

As mentioned in the Wrap Up the U.S. Department of Transportation Federal Motor Carrier Safety Administration released the study "Agricultural Commodity and Utility Carriers Hours of Service Exemption Analysis", please click here to view. The purpose of this study was to assess the safety performance of agricultural commodity and utility service carriers that are exempt from the Federal Motor Carrier Safety Regulations regarding hours of service or record-of-duty-status requirements in comparison to those that are not exempt.

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.

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 Safety Advisory

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.

According to federal Hazardous Materials regulations, nurse tanks with missing or illegible data plates can not be legally transported upon a public road. If you have any questions please contact the MO-AG office.

USDOT Nurse Tank Safety Advisory

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