RUP Dicamba Update for 2024

Much has changed in recent months concerning the status of products containing the active ingredient dicamba for over-the-top uses in soybean and cotton. As of this writing for Nebraska:

• All sales of product by a dealer to an applicator (end user) for use on soybean needs to be made by May 31st.
• Sales of a service to apply product can occur after May 31st.
• In all cases, application of product can occur or be invoiced no later than the application cutoff date of June 30th, 2024.

For more information, see the following updates:

• EPA Provides Update on Over-the-Top Uses of Dicamba
• Existing Stocks Order for Over-the-Top Dicamba (EPA) - details regarding restrictions on the sale, distribution, and use of these formerly registered products.
• Over-the-Top Dicamba Ruling Explained (SDSU Extension)
• Nebraska Department of Agriculture (NDA) Dicamba and Enlist page

Chlorpyrifos Products Update

Much has changed in recent months concerning the status of various products containing the active ingredient chlorpyrifos. As of this writing:

• Growers can use currently registered chlorpyrifos products on crops consistent with label directions without a concern for adulterated food crops.
• Retailers, distributors, and suppliers may sell current registered products containing chlorpyrifos.

USDA Office of Pesticide Management Policy memo contains tables of products remaining with food uses registered, products cancelled or food uses are no longer registered, and products with existing stocks provisions for grower use.

However, EPA has indicated that it expects to expeditiously propose a new rule to revoke the tolerances for all but 11 food and feed crop uses with additional restrictions for geographic location and rate of application to address safety of the tolerances, and potential restirctions for farmworker and other vulnerable populations, and vulnerable species and their habitats.

For more information, see the following updates:

• Existing Stocks Provisions for Three Chlorpyrifos Products (EPA Update)
• Chlorpyrifos Products Can be Used in 2024 for Insect Pest Management (SDSU Extension)
• Update on the Use of the Pesticide Chlorpyrifos on Food (EPA Update)

Emergency Exemption Granted for Metamitron Use in Panhandle Sugar Beets

EPA granted the exemption to NDA to allow farmers to use metamitron herbicide for weed control in sugar beets only in 14 designated Nebraska counties. Applications must be made between March 30 and May 31, 2024. Distribution will come directly from the registrant. Retailers must hold a current 2024 Pesticide Dealer License as well as apply for a distribution permit. The label and request to distribute form can be found here.

EPA Warns Farmworkers about Risks of Dachtal (DCPA)

EPA is warning of serious, permanent, and irreversible health risks to pregnant individuals and their developing babies exposed to DCPA and will be pursuing action to address these risks as quickly as possible. In Nebraska, dacthal is in one registered product having nursery, turf, and specialty crop uses. Read more in this EPA Pesticide Update.

Paraquat Training Now has a Fee

Since late 2023, the National Pesticide Safety Education Center (NPSEC) is charging a $25 registration fee for the online course to cover the hosting fees, maintenance fees, and any future improvements to the training materials and to support NPSEC. To find training for paraquat and other resources, see the NPSEC homepage. See also, EPA's Q&A page on paraquat training requirements.

Pesticide Program Enforcement Update

Libby Smith, Pesticide & Fertilizer Program Manager

As we move into spring and summer, it’s important to reflect on the previous year to avoid making of the same mistakes. In 2023, NDA received over 100 complaints ranging from drift and runoff concerns to human exposure cases. Overall, 44 complaint investigations were conducted while the others were either investigated as use-observations to ensure for label compliance, were out of the scope of our regulations, or were determined to not be pesticide related at all.

When inspection staff is not working complaints or monitoring recertification training sessions in the winter, they are carrying out various other routine inspections. These are part of our agreement with EPA to ensure FIFRA compliance within the regulated community. Below are the number of inspections conducted in 2023. Of the routine inspections, the most common violations were for record keeping, including those which lacked the required EPA registration numbers for RUP products applied, and a few of the same violation in dealer records.

A full list of NDA’s record keeping requirements can be found online here. Always check the label for additional requirements and update your application and sales records, as label directions do change periodically.

As always please know our office is available for questions you may have when it comes to pesticide regulations in Nebraska and we welcome your call at 402-471-2351.

Applicator Certification News

NDA pesticide program staff have been busy, along with colleagues at the University Extension and Pesticide Safety Education Program (PSEP), to get people recertified and initially certified for their pesticide applicator license. So far this year 9,350 people have tested or recertified for a commercial/noncommercial or private license.

There are still opportunities to take exams to initially obtain a commercial/noncommercial license or ‘recertify by exam’ for a license that has expired. See the locations and dates of our walk-in testing sites and Pearson Vue computer testing sites. There is no option except retaking exams for an expired commercial/noncommercial license.

Private applicators can initially obtain or recertify their license online. See the private applicator section at the UNL Pesticide Safety Education Program page.

If you have any questions about your license, please send us a note at agr.pesticide@nebraska.gov and we’ll get back to you as soon as we can.

If your license expires in 2025, be on the lookout this fall for reminder information from NDA or UNL PSEP. Commercial or noncommercial applicators will receive a program schedule from UNL PSEP, and private applicators will receive their “barcode letter” from NDA. If you have a change of address after your last license was issued, please contact us with your new address at agr.pesticide@nebraska.gov or 402-471-2351 to ensure that you receive those notices.

The 2025 schedule will be posted on both NDA and UNL PSEP sites, with links included in the winter edition of this newsletter.

Reminder: NPDES Permit Required for Certain Pesticide Applications To, Over, or Near Waters of the State

Pesticide applications to, over, or near water may require a National Pollutant Discharge Elimination System (NPDES) permit from the Nebraska Department of Environment and Energy (NDEE). Prior to making applications to State Resource Waters, state 303(d) pesticide-impaired waters, waters with threatened and endangered species present or critical habitat for these species, waters within 250 feet and directly connected to any of the previously mentioned waters, or waters within 250 feet and directly connected to a public drinking water supply, a Notice of Intent application, a pesticide use management plan, and subsequent NDEE authorization are required.

Answers to frequently asked questions regarding these rules can be found in this NPDES Q&A document, including a link to the NDEE page containing a flowchart with more specific information.

Precipitation/Runoff Forecasts for Planning Applications

Many pesticide product labels currently have precautionary language regarding not applying when runoff is likely. However, products may start appearing with labels having mandatory language that requires the applicator to consult the National Weather Service’s Weather Prediction Center.

Applicators should access this tool to make informed decisions about their applications and stay in compliance with the label. This guidance demonstrates how to use this tool.

Tips for Recycling Pesticide Containers in 2024

As of this writing, there are three in-state locations for recycling cleaned plastic pesticide containers. In addition, a service for container quantities of over 1,000 pounds can be arranged for free pick-up. More information on these options for reducing this waste and creating useable products can be found at UNL CropWatch.

Nebraska Seed Program Addressing (Potential) Weed Problems

Trevor Johnson, Seed Program Manager

The Nebraska Department of Agriculture (NDA) Seed Program regulates seed sold in Nebraska. Program regulations are not rewritten often, but because the Nebraska Seed Law changed in 2022 to modify germination standards of native and nonnative plants, it provides NDA an excellent opportunity to prevent the potential introduction of invasive species in Nebraska by adding them to the prohibited noxious weed seed list. Not to be confused with the twelve primary noxious weed species listed in the Noxious Weed Control Act; prohibited noxious weed seeds are seeds of plants which are highly destructive and difficult to control in this state by ordinary good cultural practice, the use of herbicides or both. This currently includes field bindweed, scotch thistle, and puncturevine, among several others. The Director of NDA may add or subtract from this list via regulation.

After consulting the Nebraska Weed Control Association, the University of Nebraska-Lincoln and the Nebraska Game and Parks Commission about species of concern, the following four species were identified:

• Ventenata (Ventenata dubia)
• Medusahead (Taeniatherum caput-medusae)
• Caucasian bluestem (Bothriochloa bladhii)
• Yellow bluestem (Bothriochloa ischaemum)

Ventenata and medusahead are invasive annual grasses that have been moving closer to Nebraska from the west. Recently, ventenata seed was discovered as a contaminant in grass seed mixes in South Dakota. This occurrence sparked the conversation around having a regulatory mechanism to prevent the introduction of ventenata in Nebraska. Both grasses crowd out native vegetation and reduce forage quality.

Caucasian and yellow bluestem, known together as “Old World Bluestems”, are problematic perennial grasses that have been moving closer to Nebraska from the south. They were introduced to the U.S. as forage crops and are still planted today in some southern states. There are currently small infestations of these invasives in Nebraska but changes to the Seed Law will hopefully help prevent further introductions. As with the two annual species, the Old World Bluestems compete with native vegetation and tend to form dense monocultures. They are also less palatable than the native warm-season grasses such as big bluestem.

The addition of these four species to the prohibited noxious weed seed list is only a proposal. Before any changes to state regulations, NDA must hold a hearing to allow the public to comment on the changes. We encourage anyone interested in this topic to share their feedback. The intent of this proposed change is to protect agriculture and the natural resources of this state from scourge of invasive plants.

Weeds of the Great Plains

NDA still has the popular “Weeds of the Great Plains” book available for purchase. This 2020 edition features 40 additional species of weeds not found in previous editions of the book. The book also features:

• Full-page color photos, descriptions and line drawings of nearly 300 species of weeds.
• Identification methods to distinguish 125 additional similar species.
• 450 close-up color photographs of weed flowers, seedlings and key identification characteristics.
• Habitats in which each weed species is commonly found.
• List of states and provinces in which each weed species grows.
• Potential livestock poisoning.
• Historical uses of each plant.
• A comprehensive glossary.
• Index of common names and another with scientific names.

Purchase the book in person at the NDA office in Lincoln for a cost of $32.50 or for a cost of $35 per copy, the book can be mailed. To order the book or learn more about noxious weeds, go to NDA's Noxious Weed Program page.

FieldCheck for Applicators

Applicators are encouraged to take advantage of the FREE FieldCheck Registry, which provides notices when new info is added in your area, a free app for having specialty crop locations at your fingertips, and seed corn field worker (detasseler) locations. In 2023, there were approximately 600 fields and 60,000 acres of seed corn having detasselers registered for display on the DriftWatch map.

There are now 24 states, the District of Columbia, and Saskatchewan in FieldWatch. People who farm or work near Nebraska’s state line, or who farm or work in any of these states, should benefit from a FieldCheck account.

Is your email address current in FieldCheck? Have you received messages from FieldWatch this year concerning new specialty crop sites in your area? Chemical company and coop mergers, company name changes and reorganizations, and changes in internet providers have created many bad email addresses in the FieldCheck registry for applicators. If any of these fit your situation, please create a new FieldCheck applicator account, or, if you’re unsure, contact Craig at 402-471-6883 to check on your status.

DriftWatch for Corn and Soybean Fields

Corn and soybean fields can be added to DriftWatch to allow applicators to see these crops. This should be a valuable service to row crop growers and area pesticide applicators (including farmers and commercial/non-commercial applicators) as more pesticide product labels include restrictions when applied adjacent to susceptible crops. To register these crops or commercial specialty crops, create an account using the DriftWatch registry.

More information on DriftWatch, BeeCheck, FieldCheck, and SeedFieldCheck can be found on NDA’s FieldWatch Registries page.

Nebraska Buffer Strip Program: Funding Still Available

See filter strips in action! Photos show the benefit of having streamside vegetation in place. In this case, the Nebraska Buffer Strip Program was used to implement filter strips over 20 years ago. Funding for the Nebraska Buffer Strip Program is still available for new and renewing projects. Click here for more information, and contact your local NRCS or NRD office to get started!

EPA's New List of Disinfectants Effective Against HIV, Hepatitis B, and Hepatisis C Viruses

The U.S. Environmental Protection Agency (EPA) has combined and updated information from several disinfectant lists to create a new list titled “EPA-Registered Antimicrobial Products Effective Against Bloodborne Pathogens (HIV, Hepatitis B and Hepatitis C) [List S]." EPA launched this new disinfectant list to increase the accessibility, accuracy, and functionality of the information for all readers, including health care providers and hospital staff.

Links of Interest

• Survey of Sanitation Practices of Nursery Producers – a study to learn more about what sanitation practices may be commonplace and how these practices may affect changes in production/sales and production costs (supplies, equipment, labor, and management time).
• UNL Extension’s ProHort Update Newsletter - Seasonal information for Nebraska's green industry professionals.
• A Quick Test for Herbicide Carry-over in the Soil (UNL Extension)
• USDA Web Soil Survey – tons of soil resource data including hydrologic soil group and pesticide loss potential for leaching and runoff that can be seen in table or map form.
• SoilWeb Apps (UC-Davis) - SoilWeb products can be used to access detailed USDA-National Cooperative Soil Survey data for most of the United States.
• Runoff Mitigation Measures and Determining Hydrologic Soil Groups for the Enlist Herbicide Labels (NDA)
• Groundwater Leaching Potential maps for Nebraska (NDA)
• One in Seven U.S. Travelers Encountered Bed Bugs in the Past Year (PCT)
• Herbicides and the Endangered Species Act: What You Need to Know (Weed Science Society of America)
• Nebraska Invasice Species Program (UNL)
• Aquatic Invasive Species (Nebraska Game & Parks)

Presentations and Training

• The Deal with Dicamba: Overview of Recent Legal Developments (Univ. Arkansas National Agricultural Law Center)
• What’s the Harm? Examining EPA’s New Approach to ESA Compliance When Making FIFRA Decisions (Univ. Arkansas National Agricultural Law Center)
• Endangered Species Act and Pesticides: An Example (Weed Science Society of America & NY State IPM)
• On-Demand Webinars about Integrated Pest Management (EPA)
• Worker Protection Standard Training (Pesticide Educational Resources Collaborative)
• Pesticide-Endangered Species Webinar Series – 6 webinars covering topics related to the FIFRA-ESA strategies and rules proposed by EPA. (Council for Agricultural Science and Technology)

NDA Noxious Weed Program and Pesticide/Fertilizer Program Staff