Becoming engaged

Respecting the environment is part of a golf course superintendent’s job, and there are many that do it well. However, superintendents and the golf courses they maintain are often subject to criticism from environmental activists who wish to see pesticides, fertilizers and water usage severely restricted, or, in the case of pesticides, even banned. Therefore, superintendents need to present scientific and usage data about pesticides to legislators to help combat the efforts of environmental activists, which are  effecting superintendents’ jobs negatively.

The issues related to droughts and golf course water use present concerns throughout the country, but are most recognized in the West.

At the federal level, superintendents can be affected by the implementation of the Endangered Species Act. There’s a lot of pressure on the U.S. Environmental Protection Agency to clearly define on pesticide labels where products can be used in regards to endangered species, according to Allen James, president of the Responsible Industry for a Sound Environment, which represents pesticide and fertilizer suppliers.

“Superintendents can lose the right to use certain pesticides,” James says. “The EPA can get this down to the county level. If pesticides get into the watershed of a habitat, even if the course is a mile or two down the road, the superintendent can be in violation of the Endangered Species Act (1973) under certain circumstances.”

James says a number of products are being reviewed to determine whether they could have an effect on endangered species. But he says the EPA doesn’t have much usage information about pesticides used outside the agriculture market.

“During the next few years, there will be changes,” he says. “RISE is working with the EPA to supply the agency with the best information so it can make educated and informed decisions.”

As a result of the Food Quality Protection Act (1996), pesticide labels have been changed and rates have been reduced during the past couple years, according to Carrie Riordan, director of information and public policy of the Golf Course Superintendents Association of America. Pesticide companies even have agreed to take certain pesticides off the shelf, she says.

The Clean Water Act (1972) also can affect superintendents with regard to pesticides. The act exempts pesticides from requirements for a National Pollution Discharge Elimination System permit, but activists say pesticides pollute the water and thus aren’t covered by the act.

“If a golf course is near water, and activists claim the water has a pesticide in it – which it might or might not – golf courses will end up needing an NPDES permit to apply pesticides,” James says. “Activists threaten with lawsuits, and at least one federal court has agreed.”

The issues related to droughts and golf course water use present concerns throughout the country, but are most recognized in the West.

But federal pesticide law already requires the EPA to conduct a comprehensive risk assessment before registering a pesticide for use, including a thorough review of the possible risk the pesticide poses to water quality and aquatic species, James says.

“The label instructions approved by the EPA are based on this elaborate testing and assessment process and mitigate any risk,” he says. “Failure to follow label directions is a violation of federal and state laws. Pesticides aren’t a pollutant according the Clean Water Act. However, because of the confusion caused by court action, Congress has stepped in.”

The Otter Act, which was filed by U.S. Representative Butch Otter (R-ID) and clarifies that pesticides aren’t pollutants, is currently in the House of Representatives. RISE supports the bill and is trying to get more support for it.

“It’s important that superintendents contact their U.S. House of Representatives members and ask the representatives to support the Otter bill, which currently has 30 co-sponsors,” James says. “We want 200 co-sponsors, but it takes time.”

Riordan says golf course superintendents need to be involved with legislators because the worst that can happen is a restrictive legislation be implemented of which superintendents had no input.

“When someone gets the ear of legislators, we provide the science so they can make a rational decision,” says Joel Jackson, director of communications for the Florida Golf Course Superintendents Association. “When you get beyond science into politics, it gets difficult.”

Closer to home
However, Riordan says there isn’t a big push at the federal level for the reregistration of pesticides. State and local activity will have more impact on golf courses, she says. California and New York are examples of states in which there’s a lot of activity dealing with environmental legislation.

“Everything from water use/resources to conservation to draught to effluent water to NPEDS permits, different parts of the country have different issues at different times of the year,” she says.

The issues related to droughts and golf course water use present concerns throughout the country, but are most recognized in the West.

Preemption is an example of how superintendents are affected more by pesticide regulations on the state and local level. Preemption legislation, which exists in about 40 states, is when a state can determine what pesticides can be used and sold. Preemption makes it easy to unify what pesticides can be bought/sold and applied throughout a state. It defends the right of superintendents to use pesticides on a property.

“The major focus of activists at the state level is to overturn preemption so they can pass local regulations,” James says. “Protecting state preemption is vital for superintendents.”

In Wisconsin, Iowa, Connecticut, New York and California, activists are trying to overturn preemption, according to James.

“If preemption is overturned, a neighboring town within the same county could have different regulations when it comes to applying pesticides and could wreak havoc on the golf course maintenance industry. If preemption is overturned, it becomes a slippery slope. The activists’ ultimate goal is to ban all pesticides.”

The issues related to droughts and golf course water use present concerns throughout the country, but are most recognized in the West.

Yet, in a state with preemption, a city-owned course can make its own decisions about pesticides that are unrelated to preemption. Florida has preemption, and the next tier of government below the state, such as a county, can institute stricter regulations than the state, according to Jackson.

Activists are battling for local ordinances in states that don’t have preemption and are even trying to ban pesticides in states with preemption, James says. Utah, Wyoming and several other states in the West, where there’s a lot of agriculture but not a lot of specialty pesticide use, don’t have preemption and might expect heavy lobbying for pesticide bans soon.

“All the activists’ focus from 1990 to 2000 was at the state and federal levels, but those efforts have been stymied, so now activists are focusing on the local level,” James says.

One of the favorite areas for activists is cosmetic use of pesticides, or in other words, the use of pesticides to maintain healthy lawns, according to James.

“The activists have focused on the consumer use of pesticides, but what’s to prevent them from trying to prevent pesticide use on golf courses if they’re effective on the consumer side?” he says. “At the local level, there’s almost no scientific evidence considered, and activists are effective because legislators at the local level don’t have the information to combat misinformation. Activists don’t have a lot of scientific support, just many outrageous claims.

“If there are efforts to overturn the state preemptive level, superintendents need to publicly oppose and testify against consumer cosmetic bans at the state or local levels,” he adds. “They need to stand up in front of local governments and explain the safety and value of pesticides. Bullet points can be provided by RISE and the GCSAA so superintendents have facts to back their point of view.”

The issues related to droughts and golf course water use present concerns throughout the country, but are most recognized in the West.

Riordan says the GCSAA, which has 104 affiliated chapters, has government relations liaisons that are working in coalitions, sharing information, and keeping their eyes and ears open about changes in state and local pesticide regulations.

More involvement
Finally, James says activists misunderstand or misrepresent the Precautionary Principle by believing if there’s any risk with pesticide use, these products shouldn’t be on the market, or if they’re on the market, they should be taken off. The Precautionary Principle really says product risks should be understood and safety consideration put in place – the essence of the pesticide registration process. Misunderstanding the Precautionary Principle has been adapted into regulation in Europe and in parts of Canada, and is now being preached in the United States, he says.

“We’re saying reasonable risk and safety determinations have been made about pesticides, and products on the market meet the Precautionary Principle,” he says.

The incidents reported in which pesticides have caused harm have been because of the misuse of pesticides or by accidents, not through normal labeled use of a product, James says.

Making sure labels are followed is critical, according to Tim Hiers, CGCS, at The Old Collier Golf Club in Naples, Fla. Hiers has been an expert witness in court cases. His advice to superintendents, especially younger ones, is:

“Always understand and follow the label because the first thing a prosecuting attorney will always ask is, ‘What does the label say?'"

Moreover, pesticide use is part of a broader scope – superintendents’ business decisions and agronomic philosophies.

“Look at golf maintenance as a business,” Hiers says. “Clean up and store chemicals correctly and safely. Have an integrated plant management program so you’re less dependent on pesticides. If the turf is healthier, it will be more resistant and will need less pesticides. Be more proactive than reactive. Get out of the reactionary mode. The bottom line is attitude. It’s about reducing resources.”

Tom Smith, executive director of the Michigan Turfgrass Foundation, says it’s critical to be proactive. He encourages any superintendent to become part of a voluntary environmental stewardship program.

But the bottom line is that superintendents need to engage in the political process.

“Our industry has to be more politically engaged,” Smith says. “Thirty superintendents are coming to the state capital to highlight the numerous benefits of the green industry to the state’s economy. The Michigan Farm Bureau organized the event. It’s the first time golf course superintendents have done this. They’re not as active politically as they could be. I encourage superintendents to make appointments with congressmen and senators and have talking points for them. Unless we’re politically engaged, someone else will make decisions for us.” GCN

John Walsh is the editor of Golf Course News and can be reached at jwalsh@gie.net.