After receiving more than 30,000 public comments, the Environmental Protection Agency announced in early May it would reconsider its highly controversial proposal to ban the drifting of herbicide, pesticide and fungicide sprays.

“This action by the EPA is of significant importance to agriculture producers and everyone affected by spray regulations,” said George Caldwell, Texas Farm Bureau’s row crop specialist. “We’re most encouraged because the comments received brought to EPA’s attention the challenges that could have been tied to any type of zero-drift policy.”

The EPA proposed a change earlier this year in its national Pesticide Registration Notice policy that would strictly forbid using products that might come in contact with non-target “people, pets, property, aquatic life, wildlife or wildlife habitat,” either by “direct use or drift.”

Conserv FS Terra Gator floater operator Phil Ettner sprays glyphosate, a herbicide, in a field near Hampshire, Ill., where farmers were trying to protect their crops from herbicide-resistant superweeds.
H. Rick Bamman/Northwest Herald

The agency further proposed limiting the use of any product that “could cause harm” to any of the above groups.

Having published their intentions in the Federal Register, EPA accepted public comments on its proposal through early March.

“What EPA is proposing is simply impractical,” Caldwell said during the call for comments. “Even with the best intentions, conditions such as wind and temperature can change drastically with little notice, even during an application.”

Besides, he argued, years of science-based testing prior to the issuance of labels on all products should be the determining factor in product usage, not simply some blanket policy.

Even with the May 10 announcement by the EPA of its planned reconsideration process on the no-drift policy, farmers and ranchers are still not entirely out of the woods, Caldwell said.

“There is still a concern even though we managed to stall the regulatory process,” Caldwell said, adding that the EPA has merely delayed any action while it reviews the vast number of comments received from across the country.

“We as an industry need to remain diligent in our efforts to protect the use of our agriculture chemicals by using sound management practices,” he said.

What was of special importance in this particular issue was the number of unique comments received, American Farm Bureau Federation’s Tyler Wegmeyer said.

“Of the more than 30,000 comments EPA received, 750 were distinctive and different, giving the concerns more credibility with EPA,” Wegmeyer said. “That’s forced EPA to go back to the drawing board with this drift policy, and that’s good for agriculture.”

Caldwell agreed.

“We appreciate all of our members and fellow producers who made the effort to submit comments with EPA regarding this important issue,” he said. “Without your involvement, this never would have been possible.”

Bobby Horecka lives in China Spring with his wife and three children. He writes for the Texas Farm Bureau’s print publications, online news service and video projects.