DWR Announces Initial Allocation of 5% for State Water Project for 2025

The Department of Water Resources (DWR) has announced an initial State Water Project (SWP) allocation forecast of five percent of requested supplies for 2025.  The December initial water supply forecast is the first allocation of the new water year and is based on current reservoir storage and conservative assumptions for precipitation to come. For comparison, last year, the initial allocation for Water Year 2024 was 10 percent of requested supplies and it eventually increased to 40 percent by the end of the season.

The initial allocation forecast announced today does not take into account the series of strong storms that brought precipitation to above average across Northern California in the last two weeks of November. These storms will be taken into account along with other variables for future allocation updates. Prior to these storms, the start of the water year had been dry and warm.  “Based on long-range forecasts and the possibility of a La Nina year, the State Water Project is planning for a dry 2025 punctuated by extreme storms like we’ve seen in late November,” said DWR Director Karla Nemeth. “We need to prepare for any scenario, and this early in the season we need to take a conservative approach to managing our water supply. Our wettest months of the season are still to come.” 

Portable Equipment Phaseout – Deadline Approaching

For those with equipment under the Portable Equipment Registration Program (PERP), the California Air Resources Board (CARB) released an updated timeline for phase-out requirements of equipment for two equipment categories. On December 31st, 2024 Large Fleets will be required to phase-out Tier 3 equipment, while smaller fleets will have to replace their registered Tier 2 equipment.  As part of the PERP phase-out requirement, any operation of use of Tier 3 engines by larger fleets past the 12/31 deadline will be required to submit a Modification Request to either CARB or their local Air District.  Equipment granted this extension must meet Level-3 Emission Control technology, or else it will not be permitted to remain in use. Stay tuned for more updates!

EPA Releases Rodenticide Strategy, Including Final Biological Evaluation

The U.S. Environmental Protection Agency (EPA) has released the final biological evaluation (BE), and associated response to comments, for 11 rodenticide active ingredients.  The mitigation measures described in this final BE will also serve as the agency’s Rodenticide Strategy as outlined in EPA’s Endangered Species Act (ESA) Workplan.   According to EPA, each year rodents cause significant damage to property, crops, and food supplies. They may also spread diseases, posing a serious risk to public health. Rodenticides are used in residential, agricultural, and non-agricultural settings to control a variety of pests including house mice, Norway rats, roof rats, moles, voles, pocket gophers, prairie dogs, ground squirrels, feral hogs, and mongooses.  

The 11 rodenticides evaluated in the BE are: chlorophacinone; diphacinone and its sodium salt; warfarin and its sodium salt; brodifacoum; bromadiolone; difenacoum; difethialone; bromethalin; cholecalciferol; strychnine; and zinc phosphide. These rodenticides are intended to control target animals using different biochemical mechanisms (e.g., neurotoxicity, reduced blood clotting).  EPA’s final BE finds that the currently labeled uses of the 11 rodenticides evaluated in this assessment remained the same as those in the draft BE, and:   

  • Will have no effect on 88% of species and 95% percent of critical habitats; 
  • Are not likely to adversely affect 4-11% of species and 1% of critical habitats; 
  • Are likely to adversely affect 1-8% of listed species and 4% of critical habitats; and,  
  • Have a likelihood of future Jeopardy/Adverse Modification (J/AM) of less than5% of listed species and less than 1% of critical habitats.  

The final BE describes several scenarios intended to illustrate how EPA may implement mitigations from the Rodenticide Strategy as each rodenticide goes through registration review and for new active ingredient registrations.  It provides additional clarity regarding the applicability of each mitigation measure to each rodenticide product and use, and how EPA anticipates implementing these measures.  The final Rodenticide Strategy does not itself impose any requirements or restrictions on pesticide use. Any mitigation measures needed to address potential likelihood of future J/AM for listed species will only apply in geographically specific areas where listed species with J/AM predictions are located, using EPA’s Bulletins Live! Two system, as part of label language, or in the Terms and Conditions of registration. 

The Association has already been in contact with CDFA as we evaluate the impact of these regulations on the tree nut industry.

Associations Conduct Air District Permit Training

Air District Permit Training

The California Cotton Ginners and Growers Association (CCGGA) and Western Agricultural Processors Association (WAPA) in partnership with Cardinal Professional Products conducted a day long tour and training session on cotton gins and tree nut hullers and processors on air pollution permitting and issues. 24 engineers from all three regions (North, Central and South) of the San Joaquin Valley Air Pollution Control District attended the training which included classroom training on fumigation practices and procedures, as well as cotton gin operation and how its air pollution control works. In addition, basic tree nut huller operation was introduced and demonstrated. The purpose of the training was to help permitting engineers know and understand the process of these operations to help expedite permitting times. The group toured Perfect PAC  LP, led by WAPA Board Member Jason Baldwin, Sierra Valley Almonds, led by WAPA Board Members Jim Sears, and Olam Cotton’s Silver Creek Gin, led by CCGGA Board Member Matt Toste. The training was led by the Association’s Director of Technical Services Christopher McGlothlin and President/CEO Roger A. Isom. Representing Cardinal Products was Doug Belle and Kevin Willet. 

Association Pushes for More Incentives at Study Session

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Last week, the Association’s Director of Technical Services Chris McGlothlin was given the opportunity to speak at the San Joaquin Valley Air Pollution Control District’s (Air District) Annual Study Session. The Study Session meeting provides an opportunity for the Air District and stakeholders to strategize on upcoming rules and tightening air emissions regulations.  The event kicked off with a press conference, where McGlothlin highlighted the importance of incentive programs such as the Tractor Trade In program, while emphasizing the current state of the industry.  “The industry is facing the worst commodity prices in the last 5 years, difficult export markets, and tightening regulations across all aspects of the industry. Even amongst all of these conditions, the agricultural industry goes above and beyond to do its part to meet and exceed emission reduction goals”.  

During the meeting portion, the Air Resources Board (CARB) as well as EPA Region 9 provided updates on compliance plans for various standards. Both agencies took the time to highlight the Air District’s success in meeting the stringent standards. A significant amount of credit goes to the ag industry for turning over enough equipment to not only meet the proposed emission reduction requirement, but to do it in a quicker timeframe than a traditional regulatory approach.  Unfortunately, many Valley businesses face an uphill battle with the recently passed 2024 Rule, which lowers the particulate concentration limit from 12 micrograms to 9 micrograms. Stay tuned for more!

  1. EPA Approves SIP Revision and Farm Equipment Emission Reductions
  2. Association’s Christopher McGlothlin Appointed to USDA Ag Air Quality Task Force
  3. Consensus Reached on San Luis Reservoir Storage Increase
  4. CDPR Proposes Further Restrictions on the Use of 1,3-D

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Governor Signs Ag Overtime Bill

Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers, commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that minimum wage legislation was also passed that will take California to the highest minimum wage as well as legislation forcing California to adopt additional greenhouse gas regulations for businesses in California. California is the only state in the country subject to such regulations. Today’s signing occurred despite numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The message is clear. California simply doesn’t care. These provisions will be phased in over the next few years ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.

In the Beginning As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and effective representation at the local, state and national levels. Having enjoyed such effective representation over the years from the California Cotton Ginners and Growers Associations, these folks yearned for the same representation in the tree nut processing industry. Issues such as air quality, food safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a significant need for an aggressive and dynamic Association to lead the industry into the next decade and beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009. The Western Agricultural Processors Association (WAPA) shares staff and office space with the California Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative and legal issues fall under the purview of this new organization for the tree nut processing industry, which includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA has assembled one of the best and most capable staffs in the industry, and the results are already starting to show Membership The Western Agricultural Processors Association represents facilities involved in the processing of almonds, pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and processors. Associate memberships are limited to any individual or business entity which is not engaged in agricultural processing, but which provides products or services directly related to the agricultural processing industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and insurance brokers. Organization The Western Agricultural Processors Association is governed by a Board of Directors, elected by its membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school for its members focused on safety.In combination with the school, the Association holds a Labor Management Seminar for all of the managers. Consulting Services In researching and considering the concept of forming a new organization, the Boards of Directors for the California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a consulting basis first. The point was to determine the workload from consulting and to determine if there was sufficient interest. In November of 2007, the Association began conducting services under consulting contracts for such services as air quality permits and safety plans.The effort has been so successful that demand has progressed outside the tree nut industry into other agricultural processing facilities, including vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting services to provide offsetting income to help with the expenses of getting the new organization up and running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry, by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).