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GREENS & GRASSROOTS GCSAA's Government Relations E-Newsletter February 27, 2004 Vol. 9 - No. 4 To learn about legislation introduced in 2004 or carried over from 2003, visit the GCSAA Legislative Action Center. HAVE YOUR SAY ON ESA! GCSAA continues its grassroots campaign to protect endangered species and the use of golf course products There is still time to submit a comment to the Federal Register docket in support of the proposed federal Endangered Species Act counterpart regulations, which would establish an appropriate regulatory process for registering pesticide products while protecting endangered species. The proposal would also put a stop to lawsuits against EPA brought by anti-pesticide activist groups. Learn about the issue and submit your comment before the docket closes March 30. It only takes TWO MINUTES to submit a comment -- a letter has already been prepared for you. Thanks to those who have already responded to the call for action. For more information, contact government relations staff at (800) 472-7878, ext. 619. UPDATE ON WASHINGTON TOXICS COALITION VS. EPA LAWSUIT CropLife America and 30 other pesticide industry groups filed a formal notice of appeal last week to challenge the federal court decision to restrict pesticides used near salmon-bearing streams. The formal appeal does not dispute the original ruling on consultation but rather challenges the buffer zones order because of its consequence to farmers. Intervenors hope to show in their appeal that the federal judge’s ruling dealt with “administrative process” issues related to consultation rather than the safety and use of pesticide products. EPA recently made available all court orders related to the WTC vs. EPA case on its Web site. The site also includes a detailed list of persons the orders apply to and a list of pesticides affected by the ruling. Comprehensive information about the case and buffer requirements is also available from the Washington State Dept. of Ag Web site and the Oregon Dept. of Ag Web site. On Jan. 22, 2004, the judge in the lawsuit issued a final order mandating 300 foot buffers for aerial applications and 60 foot buffers for ground applications of 38 pesticides used around salmon supporting waters. The ruling applies to waters in California, Oregon and Washington that are designated as critical habitat for endangered salmon species. The ruling went into effect Feb. 5, 2004. AGENCY ACTION: NEW COMPLIANCE TOOLS AVAILABLE FROM OSHA OSHA has launched two new web tools at www.osha.gov to provide additional safety and health information to employers and workers. MyOSHA is a tool to create personalized links to OSHA online resources. Users can customize the content of their pages by choosing links from various categories including: Industry, Safety and Health Topics, What's New, Publications, and Laws and Regulations. A tutorial is available to introduce users to MyOSHA. The Quick Start tool is available on the Compliance Assistance web page and provides a step-by-step guide to identify major OSHA requirements and guidance materials that apply to specific workplaces. Under the General Industry module, you can find OSHA's recordkeeping and reporting requirements and links to compliance assistance resources and key standards and information for developing a comprehensive safety and health program. IN THE STATES Montana: The Dept. of Environmental Quality will hold a public hearing March 2 on a proposal to amend the state’s underground storage tank rules. The proposal would clarify and change the requirements for when and how suspected releases must be reported. Individuals would no longer be required to contact state officials by phone to report a suspected release; rather they could contact an official by any means to ensure notification is received within the required timeframe. The reporting of suspected releases would also be split into two categories: those required to be reported within 24 hours and those that need reported within seven days. The proposal explains which types of releases fall under each category. New rules have also been created to categorize certain types of releases to ensure appropriate management of all phases of cleanup. Oklahoma: In November 2003, the Dept. of Agriculture issued a proposed rulemaking to revoke two pesticide recordkeeping requirements from the state’s pesticide rules. Under current law, commercial and non-commercial pesticide applicators must record the EPA establishment number of the pesticide product used as well as any lot or batch number appearing on the pesticide product used for each pesticide application. Both of these recordkeeping requirements would be revoked in order to simplify the recordkeeping process. A public hearing was held in December 2003, and on Feb. 2, 2004 the proposal was submitted for legislative and gubernatorial review. The governor has since signed off on the rule but the legislature has not. After legislative approval, the rule will be published in the open register and go into effect. Contact GCSAA staff for a copy of the proposal at (800) 472-7878, ext. 619. New Jersey: A.B. 2202 would establish in state law an annual “odd-even” lawn watering restriction for residential areas, golf courses and athletic fields. The bill would provide exemptions including: 1) lawn watering by a commercial landscaper to water newly seeded or sodded grassed areas during normal seasonal working hours; 2) the testing of a customer’s newly installed or newly repaired sprinkler system; 3) lawn watering immediately following a pesticide, fertilizer, or herbicide application by a commercial applicator; 4) lawn watering to establish and maintain newly laid sod or newly seeded grass associated with new construction; and 5) lawn watering if it is necessary for the revegetation of land in order to prevent soil erosion. A violation would result in a penalty of not less than $500 or more than $1,000. This bill would also require that every contract of sale of real property, with a lawn sprinkler system installed prior to Sept. 8, 2000, to include a provision requiring the installation of an automatic rain sensor device. The same bill was proposed last year and made it through committee but did not pass the Assembly because of public outcry on restrictions placed on homeowners. Vermont: The Senate Committee on Natural Resources and Energy held a public hearing on Feb. 25 to discuss two pesticide bills affecting the golf industry. * S.B. 58 would empower municipalities to regulate pesticide applications by establishing requirements including advance posting of outdoor pesticide applications, other pesticide application notifications, and the establishment of buffer zones around waters of the state. All regulations would have to be in compliance with, and at least as stringent as, state and federal law. * S.B. 91 would prohibit the use of granular fertilizer containing greater than three percent phosphorus by weight or a liquid fertilizer at a rate greater than 0.3 pounds phosphorus per 1,000 square feet to turf for nonagricultural uses. Exceptions would apply if: 1) a tissue or soil test performed by a laboratory within the last three years would indicate the level of phosphorous in the soil insufficient for turf growth; 2) it was being used on newly established turf and lawn areas during the first growing season; or 3) the fertilizer containing phosphorus was used under the direction of a person licensed, certified, or approved by an organization with an ongoing training program approved by the state commissioner of ag, food and markets. GCSAA learned of the hearing on Feb. 23 and would like to thank Ken Lallier, CGCS, at The Quechee Club, for representing the golf industry at the hearing on such short notice. Virginia: The House passed joint resolution 72 on Feb. 17 to require the Joint Legislative Audit and Review Commission to study the effectiveness of the implementation, performance and enforcement of Virginia’s Nutrient Management Plans (NMPs). As part of its work, the commission would examine the use of and need for nutrient management best practices and related educational efforts in urban and rural environments as well as study examples of effective use of NMPs in Virginia and other states. Under the current state program, nutrient management specialists within the Dept. of Conservation and Recreation provide direct technical assistance to farmers to help them develop site-specific NMPs. The commission would be required to submit its findings to the legislature by Nov. 30, 2004. The Senate is now considering the resolution.
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ABOUT THIS NEWSLETTER Greens & Grassroots is a government relations newsletter produced by the Golf Course Superintendents Association of America. It is designed to help those involved in golf course management stay informed about regulations and laws that affect the profession. The information provided is advisory only. Use of this information is voluntary and within the control and discretion of the reader. |
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