EPA issues “existing stocks” order for over-the-top dicamba use

By:Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program

federal court decision last week vacated the registrations of dicamba products XtendiMax, Engenia, and Tavium for over-the-top applications on soybean and cotton crops, making the use of the products unlawful (see our February 12, 2024 blog post).  The decision raised immediate questions about whether the U.S. EPA would exercise its authority to allow producers and retailers to use “existing stocks” of dicamba products they had already purchased.  Yesterday, the U.S. EPA answered those questions by issuing an Existing Stocks Order that allows the sale and use of existing stocks of the products that were packaged, labeled, and released for shipment prior to the federal court decision on February 6, 2024.  For Ohio, the EPA’s order allows the sale and distribution of existing stocks until May 31, 2024 and the use of existing stocks until June 30, 2024.

Here is the EPA’s order:

  1. Pursuant to FIFRA Section 6(a)(1), EPA hereby issues an existing stocks order for XtendiMax® with VaporGrip® Technology (EPA Reg. No. 264-1210), Engenia® Herbicide (EPA Reg. No. 7969-472), and A21472 Plus VaporGrip® Technology (Tavium® Plus VaporGrip® Technology) (EPA Reg. No. 100-1623). This order will remain in effect unless or until subsequent action is taken. The issuance of this order did not follow a public hearing. This is a final agency action, judicially reviewable under FIFRA § 16(a) (7 U.S.C. §136n). Any sale, distribution, or use of existing stocks of these products inconsistent with this order is prohibited.
  2. Existing Stocks. For purposes of this order, “existing stocks” means those stocks of previously registered pesticide products that are currently in the United States and were packaged, labeled, and released for shipment prior to February 6, 2024 (the effective date of the District of Arizona’s vacatur of the dicamba registrations). Pursuant to FIFRA section 6(a)(1), this order includes the following existing stocks provisions:

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Weekly Commodity Market Update

Brownfield’s Weekly Commodity update featuring former OSU Extension Ag Economist Ben Brown.

This Week’s Topics:

  • Market recap
  • Penciling out profit
  • South American production
  • South American second crop planting
  • Managing production cost
  • Corn acreage to fall
  • Reports to watch

This week Will and Ben look at falling crop prices across the board and what it’ll take to stabilize.

Market recap (Changes on week as of Monday’s close):

  • March 2024 corn down $0.05 at $4.40
  • December 2024 corn down $.01 $4.74
  • March 2024 soybeans down $.29 at $11.94
  •  November 2024 soybeans down $.17 at $11.80
  • March soybean oil down 2.61 cents at 45.55 cents/lb
    – March soybean meal down $1.50 at $354.30/short ton
  • March 2024 wheat down $.06 at $5.93
  • July 2024 wheat down $.03 at $6.09
  • March WTI Crude Oil up $2.13 at $76.78/barrel

Weekly Highlights

  • US Gross Domestic Product grew 3.3% in the fourth quarter of 2023- down from the 4.9% in the third quarter but well above the 2% growth expected. Taking out the sharp recovery after the pandemic in 2020. The 3rd and 4th quarters are the strongest two quarters back-to-back since 2014.
  • Core Inflation at 0.2 month over month was right inline with expectations and core inflation year over year of 2.6% was as expected.
  • The housing market continues to run hot- with New home sales at 664,000 up from last month and expectations and pending home sales up to a huge number of 8.3% in December- the largest number since June 2020.
  • It was another fairly risky week for US commodities. Open interest positions increased across the board for Chicago wheat (2.7%), Corn (5.7%), soybeans (6.5%), soybean oil (3.7%), soybean meal (3.4%), cotton (10.7%), and rough rice (0.4%).
  • Producers and Merchants increased their net positions of corn adding to the small net long while also adding net positions of soybeans shrinking their small net short. Producers and Merchants sold off net wheat contracts adding to the net short in Chicago wheat.
  • Managed money traders sold off another 4,743 contracts of Chicago corn while selling 15,045 contracts of soybeans to increase the net short there as well. Managed accounts added 26,518 contracts of cotton futures to take the small net short into a net long.
  • US crude oil stocks excluding the strategic petroleum reserve were down another 388 million gallons while gasoline stocks increased 206 million gallons on a 5% week over week reduction in gasoline demand.
  • As expected, US ethanol production pulled back to 240 million gallons- down from 310 million gallons the week prior due to the cold snap in the US. Even with the drastic drop in ethanol production-ethanol stocks increased due to the drop in gasoline demand and blending.
  • Exports sales were lower this week nearly across the board and bearish for soybeans. Only SRW wheat posted week over week gains.
  • Weekly grain and oilseed export inspections for the week were neutral for corn and soybeans, while bearish for wheats and grain sorghum. Corn, HRW and HRS wheats were the only commodities up week over week.

Weekly Commodity Market Update

Brownfield’s Weekly Commodity update featuring former OSU Extension Ag Economist Ben Brown.

This Week’s Topics:

  • Market recap
  • Consumer sentiment at two-year high
  • Oilseed outlook
  • Managed money profit taking
  • Managing when to sell
  • Record December soybean crush
  • Reports to watch

This week Will and Ben discuss marketing crops around profit taking

Market recap (Changes on week as of Monday’s close):

  •  March 2024 corn down $0.02 at $4.45
  • December 2024 corn down $.06 $4.75
  • March 2024 soybeans down $.04 at $12.23
  • November 2024 soybeans down $.04 at $11.97
  • March soybean oil down 2.19 cents at 48.16 cents/lb
  • March soybean meal down $7.50 at $355.80/short ton
  • March 2024 wheat flat at $5.96
  • July 2024 wheat down $.07 at $6.12
  • March WTI Crude Oil up $2.02 at $74.67/barrel

Weekly Highlights 

  • The December National Oilseed Processors Report showed their members crushed a record 195.3 million bushels of soybeans in December- up from 189 in November and 177.5 million last December. Cumulative soybean crush is running 40 million bushels of last years pace with USDA expected an 88-million-bushel year over year increase.
  • The US economy continues to show resistance. The Home Builder Confidence Index reported a reading of 44 increased from 39 in December and analysist expectations of 39. This signal that while contracting its not contracting as fast. Lower mortgage rates boosted confidence.
  • Consumer sentiment jumped to the highest level since July 2021 reflecting optimism regarding slowing inflation and rising incomes.
  • The US labor market remains tight as jobless claims fall under 200,000 and lowest level in 16 months. Employers may be adding fewer workers but they are holding on to the ones they have and paying higher wages.
  • It was a fairly risk on week for US commodities. Open interest positions increased for Chicago wheat (5.7%), Corn (8.1%), soybeans (4.9%), soybean oil (5.6%), soybean meal (6.2%), and cotton (2.7%) while rough rice fell (2.1%).
  • Producers and merchants increased their futures and options positions of Chicago corn more than 25,000 contracts with managed money increasing their net short position 29,819 contracts. The managed money net short for corn is quickly reaching a resistance level close to the largest net short in 15 years.
  • Managed money for soybeans also increased the net short 45.5 thousand contracts.
  • US crude oil stocks excluding the strategic petroleum reserve were down 105 million gallons while gasoline stocks increased 125 million gallons on a slight week over week reduction in gasoline demand.
  • US ethanol production pulled back to 310 million gallons but well above the 296 million gallons last year. Ethanol stocks have built to a 10 year high. The cold weather will likely slow US ethanol production over the next several weeks. Higher natural gas prices and lower ethanol prices are cutting into ethanol plant margins.
  • Export sales were bullish for corn and wheat last week while neutral for beans and grain sorghum. Sales were higher week over week across the board.
  • Weekly grain and oilseed export inspections were rather neutral. Corn, soybeans, and grain sorghum were all down week over week, while total wheats were slightly higher.
  • Friday’s USDA Cattle on Feed as of January 1 report showed all cattle on feed at 102.1% of last year.

Fall-applied Herbicide Considerations

Now that harvest is finally winding down, our thoughts change to fall weed control.   This is the best time of year to control winter annuals and some of the more difficult to manage overwintering weed species. Biennial and perennial plants are now sending nutrients down to the root systems in preparation for winter. Systemic herbicides like glyphosate and 2,4-D applied at this time will be translocated down into the roots more effectively than if applied in spring when nutrients are moving upward. This results in better control. In addition, the increasingly unpredictable spring weather patterns we have experienced in recent years can influence the timing and efficacy of spring burndown applications. Fall-applied herbicides can lead to weed free situations going into spring until early emerging annuals begin to appear in April, and are an essential component in the control of marestail and other overwintering species.

Here are some reminders when it comes to fall-applied herbicides:

  • Evaluate weed emergence and growth post-harvest to help determine if an application is necessary.
  • Fall-applied herbicides should primarily target weeds that are emerged at the time of application.
  • Species present in large quantities late-season that would necessitate the application of an herbicide include (but are not limited to): marestail, dandelion, wild carrot, poison hemlock, common chickweed, purple deadnettle, henbit, annual bluegrass, and cressleaf groundsel.
  • OSU research has not found much of a benefit from adding metribuzin or other residual products late in the fall. The exception to this is chlorimuron, which can persist into the spring. The recommendation here has generally been to keep costs low in the fall and save those products for spring when you will get more bang for your buck.
  • Herbicides generally work across a range of conditions, though activity can be slower as temperatures drop. Foliar products are most effective when daytime temperatures are in the 50s or higher and nighttime temperatures remain above 40.

Table 1 in the Weed Control Guide for Ohio, Indiana, Illinois, and Missouri provides ratings for various overwintering weed species in response to fall-applied herbicides.

Harvest Delays – Light vs. Temperature

There has been a lot of discussion about the crop yields from 2023 in Ohio, from early reports of crop stress in May and June to greater than anticipated yield values for many producers this fall. Yield reports of >110 bu/ac wheat harvested in July were reported in parts of Ohio, and better than anticipated yields in some corn and soybean fields. Harvest progress of corn has been delayed from normal for many farmers.

Many questions have been raised on the role that haze from Canadian wildfires may have played on seasonal crop growth this year. Ohio experienced three major episodes of wildfire impacts on June 6-7, June 27-29, and July 16-17, with several more days throughout the two-month period of less intense smoke-filled skies. However, looking at 2023 compared to historical trends overall radiation availability was similar to the 10-year historical average for the three CFAES research stations of Northwest, Wooster, and Western (Figure 1). Light availability was higher than normal in May through mid-June, in part due to many clear days and below average rainfall. Light availability approached normal levels throughout June and July in part due to a slight reduction during the short period of haze, but recovered to mimic the 10-year patterns observed in recent past.

Despite the short haze periods, the photons available per heat unit accumulated (PTQ or photothermal quotient) were at or above the 10-year average (0-38% greater) aside from July at Western research station (6% lower) and September at Northwest (2% below normal). Generally, greater PTQ values suggest that more photosynthesis can occur in the same thermal period and could lead to greater yields.

Figure 1. Daily light integral (left) and accumulated growing degree days, base 50°F (right), and the 10-year averages for three Ohio locations of Northwest Agricultural Research Station in Custar (upper row), Western Agricultural Research Station in South Charleston (middle row), and the Ohio Agricultural Research and Development Center in Wooster (bottom row) in 2023.

Contrastingly, accumulated Growing Degree Days (GDDs) were below the 10-year average for every location this year (Figure 2). The same pattern that brought the frequent spells of wildfire smoke, northerly wind flow out of Canada, kept temperatures below average for the summer (Figure 2 – left). It is possible the cooler temperatures helped crop’s periods of water deficit better this year than in years past, but also can have contributed to the slow drydown experienced by many farmers this year.

Interesting to note, several folks have commented that this summer reminded them of the summer of 1992. Looking at that year’s temperature difference compared to average (Figure 2 – right), temperatures were cooler in 1992 than this past summer. Mt. Pinatubo erupted in June 1991 and is often pointed to as a main reason for cooler global temperatures in the year that followed. Volcanic emissions circled around the globe high in the atmosphere throughout the tropical and sub-tropical regions, reflecting and absorbing solar radiation and cooling the Northern Hemisphere surface temperatures by about 0.9-1°F.

Overall, the cooler temperatures and slower accumulation of GDDs can be the largest contributor to delayed corn harvest this year. Cooler overall conditions could have led to slightly higher than normal PTQ values for the season, which also may help explain the higher than anticipated yields in the wheat crop this summer.

Weekly Commodity Market Update

Brownfield’s Weekly Commodity update featuring former OSU Extension Ag Economist Ben Brown.

This Week’s Topics:

  • Market recap
  • Corn, soybean production estimates drop
  • Chinese soybean stock changes
  • Wheat exports
  • Record soybean crush
  • Reports to watch

Market recap (Changes on week as of Monday’s close):

  • December 2023 corn up $.02 at $4.90
  • December 2024 corn up $.01 at $5.17
  • November 2023 soybeans up $.22 at $12.86
  • November 2024 soybeans up $.05 at $12.55
  • December soybean oil up 2.97 cents at 55.90 cents/lb
  • December soybean meal up at $390.20/short ton
  • December 2023 wheat up $.05 at $5.77
  • July 2024 wheat down $.06 at $6.34
  • November WTI Crude Oil up $1.10 at $85.70/barrel

Weekly Highlights

  • US crude oil stocks excluding the strategic petroleum reserve increased 427 million gallons on the week while gasoline, distillate, and ethanol stocks all declined.
  • Ethanol production declined just slightly week over week- down 2 million gallons to 295. However, US gasoline consumption was up nearly 7% during the first week over October. With the increase in use and the moderate decline in production ethanol stocks declined 15 million gallons.
  • It was a neutral week for US ag export sales. Corn sales were roughly half what they were the week prior but slightly above all expectations while soybeans also cleared rather low expectations. Soft red winter wheat export sales continue to support the wheat complex on global price competitiveness.
  • USDA cut both US corn and soybeans national average yields in October by 0.8 and 0.5 bushels respectively. For both, the decrease in production was either partially or fully offset with declines in demand categories.
  • The most surprising number in Thursday Supply and Demand Report came from the global soybean balance sheet where a drop in Chinese beginning stocks and an increase in expected feed use helped create a bullish global ending stocks picture.
  • Open interest in Chicago corn and soybean futures and options positions increased week over week. Producer and merchants doubled their short position of corn contracts while slightly selling soybean contracts.
  • Managed money traders bought back 46.7 thousand positions of Chicago corn to shrink their net short- this was someway surprising after daily estimates had estimated they would increase their net short.
  • USDA Ag Export Inspections were bullish for soybeans while bearish for corn. At nearly 74 million bushels, soybean exports were the highest since early January.
  • The National Oilseed Processors Association reported their members crushed 165.5 million bushels of soybeans in September- setting a new record for the month of September. Soybean oil stocks fell to its lowest level since December 2014.
  • Harvest production in the US moved along this week- corn was up 11% to 45% and soybean harvest was up 19% to 43%.

Weekly Commodity Market Update

Brownfield’s Weekly Commodity update featuring former OSU Extension Ag Economist Ben Brown.

This Week’s Topics:

  • Market recap
  • Crude oil price swings
  • USDA report preview
  • Corn ending stocks
  • U.S. export positioning
  • Reports to watch

 

Market recap (Changes on week as of Monday’s close):

  • December 2023 corn flat at $4.88
  • December 2024 corn down $.01 at $5.16
  • November 2023 soybeans down $.13 at $12.64
  • November 2024 soybeans down $.17 at $12.50
  • December soybean oil down 3.5 cents at 53.93 cents/lb
  • December soybean meal down flat at $374.60/short ton
  • December 2023 wheat up $.08 at $5.72
  • July 2024 wheat up $.09 at $6.40
  • November WTI Crude Oil down $2.64 at $84.60/barrelWeekly Highlights
  • It was announced last week that the Argentina Government will expected their “soy dollar” program through October 25
  • US Crude oil stocks minus the strategic petroleum reserve fell another 93 million gallons this week along with distillate stocks, while gasoline stocks were up 272 million gallons.
  • Ethanol production was flat at 297 million gallons produced on the week using an estimated 99.9 million bushels of corn.
  • It was a solid week for agricultural export sales last week with corn and soybeans at the top end of their respective expectations and highest weekly volumes since April and January, respectively.

Reducing Soybean Harvest Losses

Soybean harvest losses result in lost income. Even under the most challenging conditions, soybean harvest losses can be reduced. Careful observation while harvesting will help identify and diagnose problems.

Recommendations for reducing harvest losses 

Shattering

  • Decrease your ground speed to 2.5–3.0 mph.
  • Plant a range of soybean maturities that are adapted to the area to help prevent all fields from being ready to harvest at the same time.
  • Begin harvesting when the beans in the earliest maturing field first reach 15% to 16% moisture.
  • Complete harvest operations before the beans and pods undergo repeated wetting and drying cycles after they have reached 13% moisture.
  • Avoid harvesting beans that are under 11% moisture when excessive shatter losses are occurring.
  • Under hot and dry conditions, harvest in the morning and in the evening when the pods and beans have picked up some moisture and avoid the heat of the day if shatter losses are excessive.
  • Reduce the speed of the reel in relation to the ground speed if the reel is flailing beans out of the pods. Beans hitting the combine’s windshield is an obvious sign that the reel speed needs to be reduced.

Lodging

  • Decrease your ground speed to 2.5–3.0 mph.
  • Position the cutter bar as close to the ground as possible.
  • Angle the pickup fingers on the reel back slightly to pull the lodged plants more aggressively to the cutter bar. Reduce the angle of the fingers if the plants are riding over the top of the reel.
  • Move the reel axle forward so that it is 9–12 inches ahead of the cutter bar.
  • Contact the manufacturer for specific recommendations if using an air-assisted reel in lodged soybeans. Moving the reel forward to pick up lodged plants decreases the performance of air-assisted reels. Pivot the drop tubes above the crop if this option is available or remove the entire air manifold and drop tube assembly.
  • Operate the reel as low as necessary to pick up lodged plants without causing them to ride over the top of the reel. Raise the reel if this happens.
  • Install crop lifters on the cutter bar in conditions of severe lodging.
  • When the plants are lodged in one direction, use crop lifters, and travel at a 20- to 25-degree angle to the direction of lodging. Alternatively, harvest the lodged plants traveling opposite to the direction they are leaning.
  • Increase the reel speed relative to the ground speed. It may be challenging to maintain the correct ground and reel speed combination in lodged beans with brittle pods. When ground speed is too fast relative to reel speed, the cutter bar will ride over some plants. When the reel speed is too fast relative to ground speed, the reel may shatter the pods. The reel should run 10% to 25% faster than ground speed under ideal conditions. However, in lodged beans, increase the reel speed incrementally up to a maximum of 50% faster than the ground speed. If the reel is causing pods to shatter, decrease the reel speed to the point when the shattering stops. If the cutter bar rides over lodged plants, decrease your ground speed.

Green stems

  • It is critical to continue harvesting soybeans having green stems even though it requires slower travel speeds and closer attention to cutter bar maintenance, reel speed and position, and threshing adjustments. Waiting for the stems to dry down will lead to large shatter losses.
  • If shatter losses are excessive, consider combining earlier in the morning or later into the evening when the pods have regained some moisture and are less brittle. However, this may increase plugging problems.
  • Reduce your ground speed to 2.5–3.0 mph if necessary. This will reduce shatter losses and plugging at the cutter bar by providing a crisp sideways cut.
  • Harvest at a 20- to 25-degree angle to the rows. This will improve cutter bar performance and provide more even feeding of the crop into the threshing cylinder or rotor. This may be the single most beneficial practice.
  • Draper headers should also reduce plugging problems when harvesting soybeans with green stems as they provide more uniform feeding into the threshing cylinder or rotor.
  • If the cutter bar is plugging, inspect and repair all identified problems. Check that the speed of the knife is correct and that drive mechanisms such as belts are not slipping. Make sure that the knife is in proper register with the guards. Rotate the knife through one complete cycle and make sure that the tips of the knife sections are centered on a guard at the beginning of a cycle and end up centered on a guard at the end of the cycle.
  • Maintain the reel speed at 10–25% faster than the ground speed. Fore and aft reel position is important to reducing slug feeding. Generally, positioning the reel as close to the auger as possible promotes even feeding into the combine.
  • Separating problems result from worn parts on the cylinder or rotor and improper cylinder or rotor clearance or speed settings. The separating equipment must be in good condition to handle soybeans with green or tough stems. Adjustments made to the cylinder or rotor clearance and speed is a balancing act between separating losses and seed damage and split beans. Make one adjustment at a time and inspect the clean grain tank to determine your progress toward minimizing separating losses and maximizing seed quality.

Short plants with low pods

  • Position the cutter bar as close to the ground as possible. Check and adjust the skid shoes on the bottom of the header to lower the cutter bar. You may need to increase the angle of the header to lower the front of the cutter bar (a 3-degree angle is a good starting point). This is a balancing act, as too much of an angle may increase the potential to pick up soil and stones leading to more broken guards and knife sections and cause cut plants and loose beans to build up on the cutter bar. Too flat of an angle may leave unharvested pods on the stubble due to a higher cutting height.
  • Purchase an air-assisted reel, wind system, or an air bar as the air stream produced by this equipment effectively moves short plants and loose beans and pods to the auger or belt. Follow the manufacturers recommendations for positioning the outlets on the drop tubes to maximize performance.
  • Remove the stone guard on the cutter bar if it is preventing short plants, loose beans, and pods from moving to the auger or belt and you do not have an air-assisted reel.
  • Harvest on a slight angle (15 to 20 degrees) in fields planted in 15- or 30-inch rows. This will usually help the short plants feed into the combine more uniformly.
  • The position of the reel will be critical to reducing gathering losses when harvesting short plants. With auger headers, positioning the reel as close to the auger as possible provides the most uniform feeding under most conditions. However, you may need to experiment with fore and aft reel position with very short plants. Lowering the reel is recommended when plants are short to prevent the plants and beans from building up on the cutter bar. The tips of the reel fingers should be about 1.6 cm above the top of the guards or the header floor.
  • Set the speed of the reel about 10–25% faster than the ground speed and adjust as necessary to improve feeding.
  • Set the speed of the belts on draper headers fast enough to assure plant material isn’t building up on the cutter bar.
  • Experiment with your ground speed to find the sweet spot where the cut plants are feeding well into the feeder house and the stubble is cut cleanly and uniformly.
  • Reduce shatter losses by harvesting in the morning or evening when relative humidity is higher.