Many of the issues mentioned below can change daily. If you need more up-to-date information, contact PLANET Director of Government Affairs Tom Delaney. Do not ignore what is going on in states in which you do not operate. States share their information, and the issue may be brought to your state.
EPA — Water
The Environmental Protection Agency’s (EPA’s) Water Division recently submitted for public comment voluntary guidelines for assigning a WaterSense label (somewhat like the Energy Star label used on computers and appliances for new houses). The guidelines have a section on landscaping.
There are major problems with this section, such as a limit of 40 percent turf in the landscape area and inadequate assumptions about mulch, irrigation, and slopes. PLANET is working with the Irrigation Association (IA), and has also worked with Outdoor Power Equipment Industy (OPEI) and several green industry associations, on a response to these sections of the guidelines.
In addition, PLANET assembled a group to help fund a contractor, who helped organize and present to the EPA the error of its ways at an Aug. 14, 2008, meeting in Washington, D.C. This should make an impact and, we hope, will result in a major change to the landscape section.
Best Management Practices (BMPs) in Florida
The Florida Department of Environmental Protection has received extensive comments of concern from the green industry on an update to Florida’s BMP manual, Best Management Practices for Protection of Water Resources in Florida.
PLANET recently participated in a six-hour session hosted at the University of Florida that was broadcast to several locations in the state so local governments could weigh in. PLANET worked on the original manual and even contributed a document to use as a model. Some local governments would like to change sections to match their onerous ordinances, like blackout periods for fertilization. They also want to make changes in the BMPs on how the training of industry personnel takes place.
In addition, they are trying to use a new term not yet approved by the Association of American Plant Food Control Officials (AAPFCO). The term, Enhanced Efficiency Fertilizers, is used to describe fertilizer products with characteristics that minimize the potential of nutrient losses to the environment. Look for the use of this new term, especially if more agencies begin to use it. The question remains as to who will verify if a product performs as the definition states. Thanks to Erica Santella of TruGreen LandCare and Barry Troutman of ValleyCrest for dedicating an enormous amount of time on these issues.
Fertilizer Preemption
Tennessee and Louisiana were added to the list of states with fertilizer preemption, which gives a legal avenue to stop local governments from passing onerous fertilizer ordinances that will directly affect your business. What it will not do, however, is stop states from enacting laws or regulations on fertilizer use.
In Pennsylvania, some sewer treatment facilities, in their efforts to protect the Chesapeake Bay, are trying to reduce their costs in the treatment of nitrogen and phosphors by asking a key member of the state legislature to make stringent changes to the use of fertilizers by the industry and homeowners. The proposal contains many other areas of addressing pollution prevention that will have greater impacts on the Chesapeake Bay.
Nevertheless, the more visible the target, the more likely it will be addressed, no matter how small its impact. Maryland, Virginia and Delaware have used other tactics to date. Pennsylvania state industry members are coordinating their opposition efforts.
OSHA
On June 25, the Department of Labor issued a Compliance Directive that essentially wiped out commercial arboriculture as a distinct industry. The directive issued by the Occupational Safety and Health Administration (OSHA) specifies that any tree care operation that removes the stem of a tree longer than six feet is henceforth classified as a logging operation, subject to all rules and restrictions in the standard written for logging operations. The directive ignores OSHA’s own data with respect to safe practices for tree care workers and constitutes illegal rulemaking that puts an entire industry at risk of injuries and fatalities.
Historically, OSHA’s guidance and enforcement for the tree care industry has been based on a patchwork of regulations and standards written for other industries. Applying these standards to tree care operations greatly increases the risk of fatality or injury to tree workers and creates unnecessary confusion about safety among workers, OSHA enforcement officers and small businesses.
Indications were that it would also affect tree care operations by landscape contractors. PLANET members, along with members from the Tree Care Industry Association (TCIA), helped lobby for a new standard at the 2007 Legislative Day on the Hill. TCIA has been working on this issue for a long time. PLANET recently agreed to help fight the issue, including helping to file a lawsuit if necessary. The latest development is a new directive that rescinded the June 25 compliance directive. The new directive is presently being reviewed.
MSMA Pesticide
PLANET continues to work with a research task force that is having productive discussions with EPA’s Office of Pesticide Programs about the continuation of the registration of organic arsenical herbicides, especially MSMA. We are confident that MSMA will be available at least for the next several years, and our expectation is that this will be the case for considerably longer. There is no discussion of a phaseout or cancellation of MSMA; however, next year we may see some label changes with regards to the number of applications and spot versus broadcast applications. PLANET will continue to actively work on the issue and keep you updated.
Salt
Looks like those who do snow plowing and salting of pavements are in for additional costs and requirements of prepayments with no guarantee of timely delivery. It appears Morton Salt is in the driver’s seat because the Department of Transportation is the bigger market and demands more attention. If you are in that business, do your homework and work together as much as possible to address your concerns to suppliers.
H-2B Proposed Rule Changes
United States Citizenship and Immigration Services (USCIS) has proposed rule changes to existing H-2B regulations designed to streamline that important program.
Since its inception in 1986, the H-2B program has proven popular among businesses in nonagricultural industries, such as landscaping, hospitality and construction. Little about the program has changed to accommodate employers’ needs or improve worker protections. According to USCIS, “In order to better serve those participating in the program, we are proposing measures to remove unnecessary limitations, prevent fraud and abuse and protect workers.” PLANET will be working with others to make appropriate comments.
