Oct 15, 2023

Nebraska Farm Bureau Says Proposed EPA Pesticide Restrictions Too Aggressive, Changes Needed

Posted Oct 15, 2023 4:00 PM

LINCOLN, NEB. – Nebraska Farm Bureau (NEFB) is urging farmers and ranchers to join the organization in submitting comments on the Environmental Protection Agency’s (EPA) proposed new rule that heavily increases limitations and regulations on pesticides. Earlier this year, the EPA released the “Draft Herbicide Strategy Framework” in response to extensive litigation about the agency’s noncompliance with the Endangered Species Act (ESA). NEFB says the more than 90-page proposal outlines a new method of pesticide labeling, adding highly burdensome restrictions to herbicide use in many areas.

“Herbicides are essential for farmers to maintain the highest sustainability standards, affordable food prices, and conservations efforts. The limits imposed by this rule are overly restrictive and have the potential to negatively alter the economy. The removal of tools from our crop protection product toolbox will greatly affect farmers ability to be economically successful,” said Mark McHargue, NEFB president.

For years and years, farmers have just been able to look at the pesticide label and the label will give specifics for how to apply the products. This new proposal changes the labels to a point system that producers attain by adopting certain practices.

According to NEFB, there are a number of producer level problems that are created by this proposed plan including spray buffer zones are unreasonably large with an up to 500-foot buffer required for aerial applications and an up to 200-foot buffer required for ground applications, incentivizing larger spray droplet sizes while also incentivizing reduced application rate, which is contradictory, and incentivizing incorporation of the herbicide into the soil, which is contrary to the environmentally beneficial no-till practices, largely utilized in Nebraska.

The proposed rule also creates Pesticide Use Limitation Areas (PULAs), which includes the majority of Nebraska, subjecting producers to even greater restrictions. The PULAs are based on the ESA listed species that live in the area, and what types of plants are considered their habitats. These areas cover the vast majority of Nebraska, requiring more points to apply specific herbicides and many of the point options are not available to all producers.

“Many of the proposed mitigation measures simply don’t work in Nebraska and could force growers to adopt outdated farming practices that are costly, burdensome, and irrelevant to modern agriculture. Some farmers may not be able to comply at all, potentially opening farmers and ranchers up to legal charges,” said McHargue.

Currently, the EPA proposal is open to public comment until October 22, 2023, and NEFB strongly encourages farmers and ranchers to voice their thoughts on the measures. Producers can submit a comment by visiting www.nefb.org, highlighting the advocacy tab at the top, and clicking on the 'Action Alerts' button under the action center.