Vol. XV No. 6
November / December 2021
Serving Soil, Mulch, Compost & Wood Pellet Producers www.SoilandMulchProducerNews.com
NEWS
Peat Demand on the Rise, Harvest Results Mixed
By Ken McEntee
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pandemic-driven growth in gardening activity has helped to boost demand for peat moss. On the supply side, however, this year’s Canadian harvest has yielded mixed, weather-related results in the nation’s eastern and western regions, according to the Canadian Sphagnum Peat Moss Association (CSPMA), Edmonton, Alberta. In its annual report, based on a member survey about the status of their actual harvest through August 31, CSPMA said the western harvest exceeded industry expectations, while members in eastern areas reported a lower than expected harvest. CSPMA said its members represent more than 80 percent of North American peat production. “The report reflects the impact of a lot of fires that impacted the amount of harvest days in Manitoba, and the Quebec area where there was a lot of rain this year,” said Asha Hingorani, CSPMA president. “To harvest peat moss you need dry conditions, but not too hot because we don’t want any fire issues.” Overall, Hingorani said, the peat supply has been constant while demand has been increasing. Demand, she said, has been pushed by a growing interest in gardening – especially over the past two years. The demand has generally been attributed to people spending more time at home
during the covid pandemic. “The Canadian horticultural peat industry was deemed an essential service, so our people were able to continue working and harvesting peat moss,” Hingorani said. “Everyone was at home, so more people were more interested in growing their own food and plants within their own households. The demand for the product increased simply because the amateur gardening movement increased. But overall demand for food also increased. We supply a lot of growers, such as mushrooms, fruits and vegetables. I remember visiting a producer who said his phone had been ringing off the hook because of the demand for peat moss.” Hingorani said she is hopeful that strong demand will continue through 2022, even as people will hopefully be less stranded in their homes. “I would imagine that once people realize how easy it is to grow their own food and how much fun it is that they will continue to do it,” she said. “Watching a tomato plant grow in your backyard and then being able to harvest it yourself - there’s a sense of pride in that. So I would hope that the movement in terms of growing your own food in your backyard or in community gardens will continue to increase, especially as food prices continue to increase. I think that if people realize that growing your
own food is also more economical, they will see the value of doing it, and peat can certainly provide that consistent growing media to grow the tomato plants or zucchinis or whatever fruits or vegetables you decide to plant.” During the year ahead, Hingorani said, producers are hoping for stable weather that allows for sufficient harvest days during the spring and summer months to meet the growing demand. The CSPMA annual report said all regions in Western Canada – Alberta, Manitoba and Saskatchewan - met or exceeded targeted volumes as follows: • Saskatchewan - 109% of members’ expectations; • Alberta – 108%; • Manitoba - 102%. Spring was relatively early and reasonably dry in all three provinces, enabling a good start, the report said. A significant - and in some cases record breaking - heat and drought period across Western Canada extended through much of the summer and into early fall 2021. These favorable conditions supported the positive results. In Manitoba, weather conditions - including provincially mandated fire watches - limited harvest and plant operations, constraining capacity. CSPMA said industry and government Continued on page 4
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Founded in 1972, the Mulch & Soil Council (MSC) is the national non-profit trade association for all producers of horticultural mulches, consumer potting soils and commercial growing media. The mission of the MSC is to define quality products and promote an open marketplace for producers of horticultural mulches, consumer soils and commercial growing media. MSC truly is your resource for answers to problems facing today’s mulch and soil industry. We provide members with:
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PUBLICATION STAFF Publisher / Editor Rick Downing Contributing Editors / Writers Robert LaGasse • Ken McEntee Sandy Woodthorpe Production & Layout Christine Mantush Advertising Sales Rick Downing Subscription / Circulation Donna Downing Editorial, Circulation & Advertising Office 6075 Hopkins Road, Mentor, OH 44060 Ph: 440-257-6453 • Fax: 440-257-6459 Email: downassoc2@oh.rr.com Subscription information, call 440-257-6453. Soil & Mulch Producer News is published b i m o n t h ly by D ow n i n g & A s s o c i at e s. Reproductions or transmission in whole or in part, without written permission of the publisher, is prohibited. Annual subscription rate U.S. is $19.95. Outside of the U.S. add $10.00 ($29.95). Contact our main office, or mail-in the subscription form with payment. ©
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Peat Demand on the Rise, Harvest Results Mixed Continued from page 1
officials in Manitoba officials are working on a protocol regime to deal with potential future extreme conditions. In New Brunswick, both north and south regions were below expected harvest volumes: • New Brunswick North - 80%; • New Brunswick South - 76%. Varied weather patterns combined with the late start and the remnants of Hurricane Ida constrained the harvest throughout the maritime provinces, the report said. The Quebec harvest was below expectations: • Québec South Shore - 97%; • Quebec North Shore - 80%. Several summer storms, particularly on the north shore, did not permit either region to achieve targeted volumes. Similar weather patterns affected the Ontario harvest, which came in at 87 percent of expectations. South of the border, Minnesota - at 79% - experienced a lower-than-expected harvest because of weather patterns. “As in the past, CSPMA members are committed to working cooperatively with their commercial business partners,” the association
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said in the report. “CSPMA members continue to harvest peat moss in a responsibly managed way that delivers social and economic benefits to many communities across North America. In addition, CSPMA members are engaged in increasing harvesting capacity through investments in plant infrastructure, harvesting equipment, bog openings and personnel training.” Like other industries, peat moss producers are being challenged by transportation and supply chain issues, Hingorani said. “I just visited a plastic bag supplier that said they were having problems trying to find trucks to transport their products,” she said. “They also are having labor issues in terms of people being able to actually work in their facilities because of covid, so it’s been hard to keep a steady flow of staff. But the labor shortages are not unique to the agriculture industry at all. Everyone’s trying to find people to help fill roles and they are offering incentives to find workers – like incentives if you refer someone to the job. The demand out there is high for people.” Continued on page 6
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Peat Demand on the Rise, Harvest Results Mixed Continued from page 4
Meanwhile, producers also are continually looking for new land to expand their harvest. “In Canada there’s a process we have to go through that could take up to seven years to actually grant licenses for new development,” Hingorani said. “You can’t just tell the government that you want to buy a bog and then suddenly you get to harvest it. There is an environmental assessment that takes time. There are consultations with First Nations. There’s work with the provincial governments to ensure that species at risk aren’t an issue in the area. So that process could take up to seven years. That’s why our members really have to plan in advance and ensure that the process is being followed properly.” While the industry is always looking at ways to speed up the process, the process is “extremely important,” Hingorani said. “The consultation with First Nations needs to happen,” she said. “There needs to be an environmental impact assessment that takes place and our members are committed to this. This is something that’s been going on for decades. But if there’s any way we can kind of work with the governments or our stakeholders to ensure that the process moves forward as quickly as possible, or if there’s a way to kind of cut through the red tape, so to speak, in a proper manner, then I think the industry is always up for that.” Hingorani said the peat industry takes pride in its partnerships with the science community.
“It’s important that we understand our impacts on the climate, and we work directly with universities in Canada, such as Laval and McGill universities with research programs that help us understand the effects of greenhouse gases biodiversity and hydrological impacts,” she said. “The scientists have really helped us to understand the importance of restoration. So if we’re harvesting a bog, our producers are committed to restoring that bog back to its natural state using techniques like the Moss Layer Transfer Technique, which kind of puts the bog back into its natural state, in 12 to 15 years. We rely on our science community to help us understand what we can do best to have the lowest impact on the land, ensuring that peat moss is harvested in a responsible, social and environmental way.” Other research underway, Hingorani said, involves product blending to create new types of growing media. “Demand for peat moss is so high, so we’re always looking at other forms of growing media that incorporate peat moss in mixes or various alternative that could help the industry expand,” she said. “A lot of our members provide potting mixes that blend peat with materials like compost, bark, perlite and coco coir. We’re always looking at different elements, but at the moment we haven’t found anything to replace peat. Peat is still the king in terms of the benefits it provides to growers.” The author is editor and publisher of Composting News (compostingnews.com).
Sell More Equipment, Products & Colorants ... Advertise in Soil & Mulch Producer News! Contact Rick Downing at 440-257-6453
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California Organics Recycling Regs for Businesses Take Effect
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acramento, CA – Coming into effect this January is a provision of a California law passed in 2016 requiring businesses that produce over 2 cubic yards of solid waste to implement organic waste recycling, according to a Resource article. By state mandate, California must reduce the volume of organic matter in landfill by 75% by 2025. Today, about 56% of the state’s waste going to landfill is organic. Each county and city must have documentation on file with the state that spell out their integrated waste management. Details are listed on the CalRecycle website. The state has implemented a two-tiered system of “edible food collection and recovery requirements” targeted at commercial establishments. Tier One goes into effect on January 1, 2022 and will be enforced by CalRecycle. It will impose more stringent organic waste disposal requirements on grocery outlets larger than 10,000 square feet in size; supermarkets making a gross annual revenue of over $2 million; food distributors; food service providers; and wholesale food retailers. On January 1, 2024, Tier 2 will be implemented in tandem with municipal enforcement of the legislation targeted at on-site food facilities, including restaurants seating over 250 or with a facility size larger than 5,000 square feet; state agencies with a cafeteria housing over 250 seats or with facility size larger than 5,000 square feet; hotels with over 200 rooms; health facilities with over 100 beds; local education facilities; and large venues and events. Additional requirements include placement and labeling of collection bins, inspection, and training. Commercial property owners are required to provide new tenants with organic waste collection information within 14 days of occupation. Municipalities across California can retain their existing three-bin system with food scraps being placed in green bins alongside garden waste, or simply in allocated rubbish bins where they will be separated at a Materials Recovery Facility after collection. Organic waste from commercial and residential sources will be sent to one of three sites: composting facilities that produce soil amendments; anaerobic digestion (AD) plants that generate energy and biofuels; or co-digestion center that break down organic matter in tandem with wastewater. According to CalRecycle, the state plans to focus on assisting with implementing legislation initially, penalizing serious offenders further down the line. Once in motion, however, fines of up to $10,000 per day could be applied to jurisdictions that fail to have either an ordinance, contract or program in place.
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Peat Moss – Don’t Worry About Running Out, Biologist Says
A
ccording to a Vancouver Sun article, Canada’s peat moss industry has been managing this resource sustainably for a long time and will continue to do so even as its use expands to support ever-increasing demand for high-intensity food propagation. Montreal-based biologist, Susan Parent who works for Premier Tech, one of Canada’s leading manufacturers of lawn and garden products, emphasizes the amount of peat in Canada’s bogs is monitored and carefully restored. About 20 million tons of peat accumulates naturally each year. Of this amount, 1.38 million tons of peat is harvested annually. Canada has the world’s largest number of peat bogs, covering 113.6 million hectares, of which only 0.03% (1/6000th of the total) has been harvested for horticultural uses. Over the next few years, she says, 18,000 hectares are slated to be harvested. Harvesting has ceased on 4,200 hectares, and since 2017, 4,800 hectares either have been restored or are in the process of being restored. To ensure that the bogs can be restored, harvesters remove peat only to a depth of two to three feet. After a harvest, the surface area is leveled, and water is allowed to attain its original height. Next, the harvesters replant with varieties of low-growing sphagnums and other indigenous species, such as native blueberries and rhododendrons. Finally, they protect the new plantings with mulch and hay to assist new growth. It takes about six years for the regrowth to bring a bog back to its productive state and for carbon sequestering to begin. Veriflora, a U.S. based, not-for-profit environmental certification entity, consistently checks all the harvesting and restoration activities to ensure they are conforming to environmental best practices.
California Gas-Powered Tools Ban to Take Effect 2024
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acramento, CA – Signed into law this October by Governor Gavin Newsom, California’s Assembly Bill No. 1346 will prohibit sale of most new gas-powered yard and garden tools by 2024, reports California News Times. Though the bill provides for $30 million in subsidies to help small operators switch to electric landscaping equipment, many in the landscape business fear the measure will cause them financial hardship. The California Air Resources Board, or ARB, the agency that leads the state’s climate change programs and oversees all air pollution control efforts is responsible for managing the subsidies. The 50% coupon each eligible self‑employed gardener receives under the program is intended to offset the expense of buying one tool, such as a leaf blower, lawn mower, small chainsaw or brush cutter. In September of 2020, the governor issued Executive Order No. N-79‑20, which directs the state board to implement strategies to achieve 100 percent zero emissions from off-road equipment in California by 2035, where feasible and cost-effective. The state will not achieve that goal without further regulation of SORE, or small off-road engines, including a mandate to transition all sales of new equipment to zero-emission equipment. Complete migration of nearly 3 million tools used by landscaping professionals could reach a cost of $1.29 billion, according to ARB estimates. The new law also directs the Department of Air Resources to develop state-wide regulations for other small motor equipment such as golf carts, small generators and power washers. A spokesperson for the California Landscape Contractor Association noted that the electric tools are simply not adequately powered for commercial use. The Department of Air Resources counters that the new technology offers longer battery life, better torque for some tools, along with gas and maintenance savings. Best of all, they avoid air pollution.
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Product / Equipment Profiles Screen USA Adds CD410 to Screening Line
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Enjoy Increased Production Rates with the New EDGE TRM831 Wheeled Mounted Trommel
creen USA Inc. has introduced a new Severe Shake C&D Screening Plant for 2022. The Screen USA CD410 complements their existing line of track trommel screens and track conveyors. Screen USA Inc. manufactures small and medium sized screening equipment for the soil, organic, and recycling industries. According to Rick Cohen, owner of Screen USA Inc,” We have been working on this machine vigorously for the past couple years and we are extremely proud of how it came out”. The CD410 is equipped with 5-1/2 yard open hopper, 40” wide variable speed feeder, 4’-0 x 10’-0 severe shake shaker screen, and three built-on conveyors. This track mounted screening plant is designed to screen clean materials such as sand and gravel but shines in difficult to screen materials like boney topsoil, C&D, and log yard cleanup. We offer a heavy-duty punch plate screen for the top deck so we can handle larger chunks of concrete and wood without hurting the integrity of the screener. This track screener is powered by a 74 HP Cat 2.2 Tier 4 Final Diesel Engine.
DGE Innovate has revealed their largest mobile trommel to date with the launch of the new TRM831. EDGE’s newest offering will be one of the largest wheel mounted trommels on the market and will provide operators with unrivalled production rates. With extensive stockpiling capabilities thanks to its end discharge conveyor design, the TRM831 design prevents product cross-contamination and reduces the double handling of material. This is complimented by a remote operated, 180° radial fines conveyor which has the capacity to stockpile up to 1030m³ (1347yrd ³). The EDGE TRM831 portable trommel is ideal for the high-capacity screening of various applications including topsoil, compost, sand, household waste and construction and demolition waste. With a wide range of different drum types and screening media available, the EDGE TRM831 can be customised to suit the customers exact application requirements.
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Indoor Soil Crop Propagation is on a Growth Spurt
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Virginia-based grower of organic herbs, leafy greens, and microgreens is transitioning to all-indoor production, thanks to a $120 million financing arrangement with real estate firm Decennial Group, reports The Spoon. The grower, Soli Organic, has strong food industry talent at the helm – former Starbucks CMO Matthew Ryan as the company’s new CEO, and Postmates SVP Mike Buckley as CFO. The partnership with Decennial Group will help the company expand its business with eight new farms, each with the capacity to sustainably grow 5 million pounds of produce per year. Soli’s soil-based plant propagation system won the Agtech Breakthrough award for Sunless Production System of the Year this August. Using efficient LED lighting and recycling 95% of the soil helps lower per unit costs, a company spokesperson said. This will make raising the organic produce less costly than conventional farming or other indoor growing methods. Soli’s “biology first” philosophy controls environmental factors, such as leaf temperature, relative humidity, CO2 and light, to optimize the plants’ efficiency in water uptake. The company also is working to optimize its LED lighting systems to conserve energy and plans on using wind and solar power at some of its locations. Soli already has broken ground on its first new construction, which will be located in Anderson County, S.C. The company expects the facility to be operational by the second quarter of 2022, and to create 50 local jobs. The locations of the other facilities have yet to be announced. Soli was founded in 1989 as Shenandoah Growers, a conventional agriculture company based in Virginia’s Shenandoah Valley region. Chicago‑based Decennial Group is a player in Opportunity Zones investment and development.
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U.S. Raises Tariffs 8.9% on Canadian Lumber
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ashington, D.C. – The U.S. Commerce Department plans to institute countervailing and antidumping duties on Canadian softwood lumber imports, according to articles in Wood Business and Builder Online. On November 24, the federal agency announced it was finalizing its earlier administrative review decision, effectively doubling the tariffs on Canadian softwood lumber shipments into the U.S. from 9% to 17.9%. The new rates from the administrative review take effect in December 2021. The National Association of Home Builders (NAHB) and National Lumber and Building Materials Dealers Association (NLBMDA) both issued statements in November opposing the Commerce Department’s decision. NAHB’s chairman termed the hike a “an unwanted tax on American home buyers and renters,” and criticized the decision for undermining funding commitments made to housing in the recently passed federal Build Back Better legislation. He urged the White House to “engage with Canadian partners on a long-term solution that will end tariffs and help restore lumber price stability, and work toward resolving supply issues.” The U.S. Lumber Coalition applauded the Commerce Department’s decision. According to the Coalition’s news release, producers south of the Canadian border are on the way to producing an additional 17.5 billion boardfeet of lumber through 2021, averaging 3.5 billion a year, thanks to the current tariffs. British Columbia is the largest Canadian exporter of softwood lumber to the U.S. In a statement responding to the new countervailing and antidumping rates, the B.C. government called the tariffs “unacceptable at any time, and even more so as both countries work together to emerge from the COVID-19 pandemic.” 14 Soil & Mulch Producer News November / December 2021
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Mills Grapple with Onslaught of Timber after California Wildfires
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wo years of catastrophic wildfires across 32 million acres in California burned old and young trees alike, leaving tons of dead fuel lying on the ground – and causing a crunch for lumber mills, SF Chronicle reports. While the giant firestorms of 2017 and 2018 destroyed more homes and killed more people, the wildfires in 2020 and 2021 killed more trees, said a state fire official. Dead and dying trees can be milled for lumber, but it has to be done within about two years before they rot or become infested with insects. The oversupply of “dead on the stump” wood, and logs salvaged from fire-scarred forests is forcing timber companies to rethink how to regrow sustainable forests. For example, the 2020 August Complex fire incinerated about 40,000 acres of Crane Mills holdings in the Mendocino National Forest. More than 40% of the burned acres consisted of both young and old trees. The land, robbed of canopy and understory growth, will have to be entirely reforested to prevent shrubs, according to a Crane Mills spokesperson. The 2020 CZU Lightning Complex fires burned about two-thirds of Big Creek Lumber’s 8,000 acres of mixed redwood forests in the Santa Cruz Mountains. Although the resident redwood trees have thick bark built to withstand wildfires, time will tell how many will succumb to fire damage and die. The Dixie Fire burned through about half of Collins Pine’s 95,300 acres around Lake Almanor in Plumas and Tehama counties. The company has found signs the fire was beneficial to some areas, but “about 30,000 acres is gone, black,” according to Collins Pine western resources manager. More than 64,000 old-growth trees, the kind expected to survive wildfires, are probably dead, he said. Crane Mills, located in Tehama County, is running its mill at full capacity. But the company lost a key buyer of Ponderosa pine in March and the oversupply means a lot of the timber will go to waste. Salvage logging and turning dead wood into biomass for generating energy are two solutions being discussed. A California Forestry Association representative notes that salvage logging operations can offer an economic boost in the immediate aftermath of a wildfire, but not enough to compensate future diminished timber harvests. Meanwhile, an Oregon forest economist warns that salvage logging on Forest Service land comes with steep costs, both financial and environmental. The dead trees hold greater benefit in the environment as a crucial habitat for woodpeckers, insects and other species.
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News From The Mulch & Soil Council By Robert LaGasse, Executive Director
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he 50th MSC Annual Meeting held September 21-23 at the Peabody Hotel in Memphis was a resounding success. In spite of the Covid-19 pandemic, Council members from across the country gathered in person to set an all-time attendance record. National Program Chair Kimberly Rygielski (Scotts Miracle‑Gro) was recognized for assembling an outstanding educational program drawing widespread support from producers and vendors, alike. Additionally, this year’s program drew record participation from event sponsors eager to support the industry and the Council’s producer members after a very challenging year of ongoing Covid-19 regulations and market fluctuations. Sponsor support even allowed the program to add new functions and events giving participants more opportunities to network during a new, pre-program “Meet-the-Board Reception”. Our meeting activities began with MSC committee meetings. As is our custom, all committee meetings were open to any member who wished to participate as a non-voting observer; so, in addition to committee members, there were over a dozen other member participants. Standards Committee: The Standards Committee had a brief agenda having completed its 5-year review of the Uniform Voluntary Product Guidelines last year. Success in introducing the definition of “coir” into the Official Publication of the AAPFCO was discussed. Also reviewed was the status of the Council’s policy statement on jumping worms published in the August NNQ and posted online under Consumer FAQs on the MSC website. It was also decided to monitor potential regulatory activities of the Minnesota DNR regarding jumping worms and respond as necessary. Certification Committee: Staff reported that there are 300 certified products compared to 285 at the same point last year. Field teams traveled over 6,000 miles to collect product audit samples from 5 regions including the Southeast, South, West, Northeast and Central states. After 20 years’ service, the Innov-X, X-Ray Fluorescence Spectrometer used to test for heavy metals concentrations was replaced with a state-of-the-art SciAps Model 505 XRF device with faster test cycles and greater accuracy. The committee also approved a special advisory notice on product labels to be distributed to the membership following the annual meeting.
The CROW Political Report, By David Crow, DC Legislative & Regulatory Services
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he Environmental Protection Agency (EPA) and Army Corps of Engineers (ACOE) announced earlier this year the intent to scrap the Trump Administration’s Navigable Rivers Protection Act (NVPR) and return to a rule that most closely resembles the Waters of the US Rule written by then EPA Administrator Gina McCarthy, which would place most water, intrastate and interstate, under the purview of EPA and ACOE. The Trump Administration’s NVPR rule restored the federal-state balance that was written into the 1972 Clean Water Act, but the WOTUS rule made a determination that all waters are connected and therefore should fall under federal review. EPA and ACOE cited 333 water projects that are currently not jurisdictional under the NVPR. These projects, according to the Biden Administration, if allowed to go forward will cause irreparable harm to health and the environment. No data or facts have been released to support this. Our legal counsel has stated repeatedly that the lack of evidence shown for this determination is devoid of any demonstrated potential harm. It is no secret that White House Climate Change Advisor, Gina McCarthy, architect of the WOTUS rule was determined to return to the rule she wrote in 2015. The NVPR rule went through a lengthy and formal Administrative Procedures Act policy of formally withdrawing WOTUS and then replacing
18 Soil & Mulch Producer News November / December 2021
it with the NVPR through a public comment period to rescind and write the new rule. It is not clear if the Biden Administration will do the same. They may rely on Executive Orders, which are easily reversed in a new Administration, and they will certainly mount as many legal challenges as possible. EPA will also seek to change the definition of ephemeral waters, adjacent wetlands, flood plains, and other wet definitions making it easier for EPA and ACOE to regulate with the use of permits for all water projects and many non-point source water pollution activities which would affect our membership. We are at the beginning of a long cycle that will take two or more years. The Administration will also add Climate Change and Environmental Justice to many water-related decisions making them more difficult for industry to contest. EPA Environmental Justice Announcement: ALSO, the Biden EPA has unveiled its draft strategic plan for fiscal years 2022-2026 that seeks to integrate climate change and environmental justice considerations into all agency actions, an effort that aims to formally institutionalize the administration’s priority items into EPA’s policy agenda “EPA is at the center of the Biden-Harris administration’s agenda on climate change and environmental justice, and so it’s critical that our strategic direction reflect those priorities and values,” Administrator Michael Regan said in an Oct. 1 statement. The draft plan, now includes addressing climate change and environmental justice to the traditional programmatic goals for enforcement and compliance, air quality, water quality, land revitalization, and chemical safety. And it highlights three short-term goals for FY22-23 that “are intended to jumpstart actions and showcase progress toward” addressing Regan’s priorities. These are: phase down the production and consumption of hydrofluorocarbons; clean up contaminated sites and invest in water infrastructure to enhance the livability and economic vitality of overburdened and underserved communities; and work with the Department of Housing and Urban Development to reduce exposure to lead to protect families, particularly children, in overburdened and underserved communities. The draft document generally follows the same outline that agency staff shared with state officials earlier this year, with seven strategic goals and four cross-agency strategies. “In this Strategic Plan, the Agency renews its commitment to the three principles articulated by William Ruckelshaus, who served as the EPA’s first Administrator (1970 -- 1973, and then again from 1983 -- 1985), to: follow the science, follow the law, and be transparent,” the draft plan says. “The Agency also adds a fourth foundational principle: advance justice and equity. We add this principle to infuse the consistent and systematic fair, just, and impartial treatment of all individuals into all EPA policies, practices, and programs,” the plan continues. The draft plan also includes a first-time learning agenda and capacity assessment, consistent with the requirements of the Foundations for Evidence-Based Policymaking Act of 2018. “The Learning Agenda will address key questions across priority areas by leveraging high-quality data. The Capacity Assessment will guide our efforts to develop the skills, expertise, and infrastructure that support routine, rigorous use of data,” the draft plan says. And its four cross-agency strategies “describe the essential ways EPA will carry out our mission,” the agency says. These strategies include reinforcing science as foundational to agency decision making; protecting children’s environmental health; building back EPA’s Continued on page 20
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November / December 2021 Soil & Mulch Producer News
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Soil
&
Mulch Producer NEWS
News From The Mulch & Soil Council By Robert LaGasse, Executive Director
Continued from page 18 workforce with particular attention to equity and enhancing mission support functions to achieve organizational excellence; and renewing the agency’s commitment to EPA’s trust responsibility to tribal nations and our engagement with tribal, state, and local government partners, stakeholders, the regulated community, and the public. The strategic plan includes a suite of long-term performance goals (LTPGs) that reflect the quantifiable outcomes the agency will achieve for each strategic objective and cross-agency strategy by 2026. “LTPGs will help us understand, monitor, and tell the story of progress we are making to partners and external stakeholders, Agency employees, and the public,” the plan says. EPA says it expects to send the final plan to Congress in February. -- Lara Beaven (lbeaven@iwpnews.com).
New OSHA Heat Initiative
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o combat the hazards associated with extreme heat exposure – both indoors and outdoors – the White House recently announced enhanced and expanded efforts the U.S. Department of Labor is taking to address heat-related illnesses. As part of the Biden-Harris administration’s interagency effort and commitment to workplace safety, climate resilience, and environmental justice, the department’s Occupational Safety and Health Administration is initiating enhanced measures to protect workers better in hot environments and reduce the dangers of exposure to ambient heat. While heat illness is largely preventable, and commonly under‑reported, thousands of workers are sickened each year by workplace heat exposure. Despite widespread under-reporting, 43 workers died from heat illness in 2019, and at least 2,410 others suffered serious injuries and illnesses. Increasing heat precipitated by climate change can cause lost productivity and work hours resulting in large wage losses for workers. The Atlantic Council’s Adrienne Arsht-Rockefeller Foundation Resilience Center estimates the economic loss from heat to be at least $100 billion annually – a number that could double by 2030 and quintuple by 2050 under a higher emissions scenario. To emphasize its concern and take necessary action, OSHA is implementing an enforcement initiative on heat-related hazards, developing a National Emphasis Program on heat inspections, and launching a rulemaking process to develop a workplace heat standard. In addition, the agency is forming a National Advisory Committee on Occupational Safety and Health Heat Injury and Illness Prevention Work Group to provide better understanding of challenges and to identify and share best practices to protect workers. OSHA implemented an intervention and enforcement initiative recently to prevent and protect workers from heat-related illnesses and deaths while they are working in hazardous hot environments. The newly established initiative prioritizes heat-related interventions and inspections of work activities on days when the heat index exceeds 80 degrees Fahrenheit. The OSHA initiative applies to indoor and outdoor worksites in general industry, construction, agriculture and maritime where potential heat-related hazards exist. On days when a recognized heat temperature can result in increased risks of heat-related illnesses, OSHA will increase enforcement efforts. Employers are encouraged to implement intervention methods on heat priority days proactively, including regularly taking breaks for water, rest, shade, training workers on how to identify common symptoms and what to do when a worker suspects a heat-related illness is occurring, and taking periodic measurements to determine workers’ heat exposure. OSHA Area Directors across the nation will institute the following:
20 Soil & Mulch Producer News November / December 2021
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Prioritize inspections of heat-related complaints, referrals and employer-reported illnesses and initiate an onsite investigation where possible.
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Instruct compliance safety and health officers, during their travels to job sites, to conduct an intervention (providing the agency’s heat poster/wallet card, discuss the importance of easy access to cool water, cooling areas and acclimatization) or opening an inspection when they observe employees performing strenuous work in hot conditions.
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Expand the scope of other inspections to address heat-related hazards where worksite conditions or other evidence indicates these hazards may be present.
In October 2021, OSHA will take a significant step toward a federal heat standard to ensure protections in workplaces across the country by issuing an Advance Notice of Proposed Rulemaking on heat injury and illness prevention in outdoor and indoor work settings. The advance notice will initiate a comment period allowing OSHA to gather diverse perspectives and technical expertise on topics including heat stress thresholds, heat acclimatization planning, exposure monitoring, and strategies to protect workers. The agency is also working to establish a National Emphasis Program on heat hazard cases, which will target high-risk industries and focus agency resources and staff time on heat inspections. The 2022 National Emphasis Program will build on the existing Regional Emphasis Program for Heat Illnesses in OSHA’s Region VI, which covers Arkansas, Louisiana, New Mexico, Oklahoma and Texas.
Industry News
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upply Chain Bottlenecks Likely Into 2022: Stifling supply chain bottlenecks are likely to remain — and possibly worsen — in the months ahead as consumers follow back-to-school purchases with end‑of‑year holiday shopping, according to experts who spoke with Transport Topics. “It seems like every time we find a path out of the disruption, we find another disruption,” Association of Supply Chain Management Executive Vice President Douglas Kent told Transport Topics Newsletter (TT). “It’s a multitude of problems. I wouldn’t put the pandemic as the main disrupter, but it certainly has highlighted some of the vulnerabilities in the supply chain. Some are operational and some are strategic, and the strategic ones are going to be hardest to fix and a much longer cycle time.” The trucking industry’s ongoing driver shortage also is contributing with fleets parking trucks due to an inability to fill seats behind the wheel. That’s causing freight to back up. The industry acknowledges that for‑hire truckload carriers are operating fewer trucks than a year earlier. It is difficult to haul significantly more freight with fewer trucks and drivers. Ports on the Atlantic and Pacific coasts are reporting record volume this year, with imports far outstripping exports. Currently over 100 ships were waiting in San Pedro Bay off the Southern California coast to call on the ports of Los Angeles and Long Beach. Wait times stretched for as long as 10 days. That backlog has eased, but port officials worry about a return as the holiday rush gets underway. Meantime, demand for warehouse space is skyrocketing. According to the July Logistics Managers’ Index, the national warehouse vacancy rate is a very tight 4.8% and drops dramatically in areas near ports to as low as 1.7%. The report said metropolitan areas suffer from a lack of capacity Continued on page 22
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November / December 2021 Soil & Mulch Producer News
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Soil
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News From The Mulch & Soil Council By Robert LaGasse, Executive Director
Continued from page 20 as firms fight to position their goods close enough to consumers to allow for next- or same-day delivery. In recent weeks, brands including Adidas, Crocs and Hasbro have warned the supply chain problems are worsening and could easily spill into the crucial year-end period. A lot of the holiday gifts are manufactured outside of the U.S. and if you take a look at some of the big exports coming from China — computers, accessories, bicycles, toys, etc. — the reality is they should be here now. Continued disruption in China with COVID, and disruption in all modes of shipping, and the increase in shipping costs will significantly impact U.S. consumers. Goods being returned are also driving up costs, and further choking supply chains. E-commerce accounted for more than 21% of the total U.S. economy last year, as consumers spent $861.1 billion online with U.S. merchants. According to the National Retail Federation, last year 10.6% of all items purchased — online and at brick-and-mortar stores — were returned. The NRF said online returns last year cost $102 billion, nearly double the prior year. GXO Logistics, the XPO contract logistics spinoff, on Aug. 17 released its first global survey, which focused on trends in e-commerce and returns. The findings showed 36% of retailers say online returns have increased over the past 12 months. It also found as many as 35% of goods bought online are returned. Whatever the number, product returns are creating an entirely new online industry that deals with the issue, but returned and damaged products are taking up badly needed warehouse space. And drivers who might otherwise deliver a package are instead hauling unwanted items away. “Now there’s an unanticipated increase in demand on the reverse logistics side, and that process is often not as mature as the purchase or forward side,” Kent said. “When you have a lot of high levels of e-commerce causing the potential for higher levels, there’s the potential for problems.”
Product Package Labels
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ver the past year, the MSC field audits of certified product packages have identified several minor to significant design or production errors in industry product labels. Many of these problems can be avoided by being aware of issues, regulations, and carefully checking pre‑production proofs and final package stock received. SYMBOLS & ABBREVIATIONS: Minor issues identified include incorrect or incomplete quantity symbols or abbreviations including the incorrect capitalization of characters or improper use of punctuation. To assure you are following the correct quantity statement symbols and abbreviations, please refer to NIST Handbook 130, Uniform Packaging and Labeling Regulations (UPLR) §6.4 to §6.13. (https://www.nist.gov/ pml/weights-and-measures/nist-handbook-130-2020) DECLARATION OF RESPONSIBILITY: More significant issues relate to the “Declaration of Responsibility” required under NIST Handbook 130; UPLR Section 5, which says: “Any package kept, offered, or exposure for sale, or sold any place other than the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name, or, when not incorporated, the name under which the business is conducted. The address shall include street address, city, state (or country if outside United States) and ZIP Code (or the mailing code, if any, used in countries other than the United States); however, the street address may be omitted if it is listed in any readily accessible, well-known,
22 Soil & Mulch Producer News November / December 2021
widely published, and publicly available resource, including but not limited to a printed directory, electronic database, or website. If a person manufactures, packs, or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified buy a phrase that reveals the connection such person has with such commodity, such as “Manufactured for and packed by ____” or “Distributed by ____” or any other wording of similar import that expresses the facts.” Make sure the packages for which your company is the responsible party carry your “Declaration of Responsibility” and not someone else’s. The responsible party on the label is the entity state inspectors will hold responsible for the package contents. If the declaration is not correct, your pack is not in compliance with the UPLR and your pack could be subject to action by the state. BE SURE TO CHECK THE DECLARATION OF RESPONSIBILITY STATEMENT ON YOUR PRE-PRESS PROOF AND AGAIN ON DELIVERY OF THE FINAL PRODUCTS. For more complete instruction on proper product labeling of mulch and soil packages, refer to NIST Handbook 130 or contact the MSC office to access MSC/NIST Training Video #3: Labeling Requirements for Mulch and Soil Packages Labeled by Volume. Also helpful is the following link to NIST Special Publication (SP) 1020 - Labeling Consumer Package by Weight, Volume, Count, or Measure (NIST) (https://doi.org/10.6028/NIST.SP.1020). This publication is an overview of the requirements for labeling packaged goods to be offered for sale, based on the UPLR. Contact MSC Executive Director Robert LaGasse if you have any questions.
Member News
W
eCare Denali Acquires Swanson: Jeffrey LeBlanc, Chief Growth Officer of Denali Water Solutions LLC, announced the acquisition of Swanson Bark & Wood through its wholly owned subsidiary, WeCare Denali, LLC. Swanson Bark & Wood operates multiple sites in the Pacific Northwest where they process organic waste to produce high-value mulch and soil products for national lawn & garden companies, retailers, and landscapers. Swanson was founded in 1928 and, since 2018, has undergone a rapid modernization to expand its bagged and bulk sales and capabilities while increasing its overall productivity. The Swanson facilities produce high-quality mulch, compost, and soil products from recycled organic materials and distribute them throughout the Western United States. Swanson’s locations in the Pacific Northwest are in Everett, Washington, and Longview, Washington. This acquisition reinforces WeCare Denali’s desire to expand its reach with bagged and bulk products throughout the Western United States.
About MSC
T
he Mulch & Soil Council began in 1972 and is the national association of producers of horticultural mulches, consumer potting soils and commercial growing media. Its mission is to define quality products and promote an open market and fair competition. To learn more about The Mulch & Soil Council, call 806-832-1810 or visit www.mulchandsoilcouncil.org.
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Inside This Issue
Peat Demand on the Rise, Harvest Results Mixed PAGE 1 California Organics Recycling Regs for Businesses Take Effect PAGE 8 California Gas-Powered Tools Ban to Take Effect in 2024 PAGE 10 U.S. Raises Tariffs 8.9% on Canadian Lumber PAGE 14 Mills Grapple with Onslaught of Timber after California Wildfires PAGE 16 News From The Mulch & Soil Council PAGE 18
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