HAZELTON -- Dust devils swirling in the dry desert wind
aren't an uncommon sight in these parts.
But at times over the past 10 months, Dan Schaeffer and his
nearby farming colleagues couldn't see 100 feet along
Crestview Road just east of Hazelton because of blowing sandy
rangeland soil.
That, in itself, isn't a problem, except for the
wind-rippled sand drifts clogging the drainage ditches along
the road.
It's the lethal chemical, Oust, hitching a ride along with
the airborne dust that has a group of 93 farmers near here
wringing their hands. The herbicide, used by the Bureau of
Land Management to keep unwanted weeds under control on nearby
rangeland, is destroying an estimated $100,000 in sugar beets,
potatoes, barley and other crops, the area farmers say.
With harvest coming on, and poor or dead crops in the
ground, the growers say they need a resolution, and fast.
"We're not a bunch of corporate farmers with big. deep
pockets," said Schaeffer. "This is a family
community. We're still mom and pop farms out here."
"If somebody accepts responsibility, then all we've
lost is a bunch of sleepless nights," said area farmer
Daryl Serr.
But who will step forward?
Critics of DuPont, the manufacturer of Oust, say the
chemical giant should be held responsible.
But a company spokeswoman, pointing to evidence of other
herbicides in soil samples, said it's too early to determine
if Oust is even the cause of the trouble. Also, the company
said its Environmental Protection Agency-required label for
the product provides all the warning any responsible purchaser
would need to use the product.
And some quietly question the BLM's choice to use the
product despite label warnings against applying it to
"powdery dry soil or light sandy soil when there is
little likelihood of rainfall after treatment."
The BLM says it used the chemical -- sprayed by two
different contractors over a period of days -- correctly and
that drought conditions that might have spread it were an act
of God.
And until more information is gathered about the extent and
cause of the problem, those involved -- including the
politicians -- say they can do nothing.
Meanwhile, farmers wait for someone to tell them something
that will make nervous bankers relax -- something that tells
them their livelihood is still intact.
The situation
Growers first recognized a problem with their crops in
mid-May. Their search for the culprit turned to a
lightning-caused wildfire that ripped through 20,000 acres of
rangeland in a matter of a few hours late last summer.
The very fast, very hot blaze wiped out everything in its
path, including 600 to 700 cattle. Vegetation was burned to
the ground, leaving a blackened, dusty moonscape littered with
groups of singed, bloated cattle corpses.
As a prelude to reseeding the scorched sagebrush desert,
the BLM first had to keep weeds, like cheatgrass, under
control. Contractors using helicopters and trucks sprayed the
area with Oust in October.
When last summer's drought conditions, the cause of the
intensity of last August's blaze, didn't abate through the
winter and spring, the dusty, bare soil began to blow eastward
into the fields there.
Another group of farmers, also on the downwind side of a
range fire site near Aberdeen, is facing a similar, if not as
severe, situation.
"Their severe damage is equivalent to our moderate
damage," said Schaeffer, who was selected by the
Hazelton-area farmers to be their spokesman.
"It's one of the most significant cases in the 10
years I've been at the Department of Ag," said Bob
Spencer of the Idaho Department of Agriculture, who's heading
up research on the problem along with the University of
Idaho's extension program.
So far, 93 farmers between Hazelton and Paul have come
forward with claims of possible Oust-caused damage.
"We're getting complaints from as far as 28 and 30
miles away," said Spencer.
And while most evidence points to a contamination by the
BLM's Oust, the rub is proving it to the satisfaction of the
government and DuPont.
To that end, 17 soil samples from damaged fields within
10-mile radius of the fire have been analyzed at the
University of Montana.
Only one sample, near the edge of the 10-mile radius, was
found to not have at least traceable amounts of Oust. The
heaviest contamination occurred closest to the fire site. One
private sample, about 24 or 25 miles out, found a trace of the
chemical -- which could be enough to affect a field, Spencer
said.
However, investigators found evidence of another herbicide,
Assert, in three other samples. And another sample found
Metribuzin, another soil sterilant. DuPont spokeswoman
Gabrielle King points to these deviations as evidence other
substances may be at work.
Spencer agreed with DuPont that the presence of other
substances may affect a grower's claim of damage. But, he
said, Oust's role in some of the fields is evident.
"It doesn't take much of this stuff," he said.
Some of the sampling equipment registers .125 parts per
billion of the chemical.
"Whether that amount takes a plant out or just damages
it, we don't know," Spencer said. Some plants, such as
the weeds now infesting thin grain fields around Hazelton, are
more resilient.
Because Oust, a soil sterilant, attacks the plant's root
system and becomes active only after contact with moisture,
like irrigation water, sugar beets and other tuber crops are
especially vulnerable.
Some damage, especially to potatoes, may not be evident
until harvest time.
Pros and cons
BLM began experimenting with Oust, a soil sterilant used
mainly as a weed killer in industrial parks, for use in
Idaho's sagebrush desert about 10 years ago.
"It's a good tool," said Joe Russell, the BLM's
Shoshone-based range manager. "That's why we use it --
because it gives us good control."
Russell has overseen the use of Oust several times in his
district, including one job just north of the currently
affected area.
He said the agency is careful about when and where it
sprays.
"We don't go out and spray in July or August," he
said. "We wait until October, when it's supposed to be a
little more wet."
Russell said widespread use started in 1997, but it is
mostly used in Russell's district. Use peaked last summer, he
said.
He can't say how things got away the way they did this
time.
"All I'm going to tell you is that we can't predict
what the winter and spring will bring us," he said.
But some say Oust shouldn't be used anywhere, no matter the
conditions, much less within throwing distance of crops as it
was used near Hazelton.
"I think the chemical is too lethal," said
Stewart Turner Sr., a forensic agronomist based in Washington
state. "It should be taken off the market."
Turner and his son, Stewart Jr., also a forensic
agronomist, have been involved in 15 to 18 cases of various
magnitude involving Oust in the last 15 years. The most
significant was in Franklin County, Wash., in 1985, when a
local highway district sprayed the chemical in its roadside
ditches in very similar circumstances as those in Hazelton.
Resulting crop damage in nearby fields led to what he called a
less-than-optimum settlement for the farmers.
"DuPont is a very experienced litigator," said
the younger Turner, a vocal critic of the company. He compared
DuPont to "Al Capone in Chicago before Eliot Ness showed
up."
He claimed DuPont changed its EPA label in 1988 as a direct
result of the Franklin County incident, including much more
restrictive language about the use of the product.
The 1988 label, which specifically says "do not"
use Oust in certain types of conditions, especially on dry,
sandy soils where rainfall is not likely, is not nearly as
restrictive as the product's 1998 label. The new label simply
tells users of the hazards of using in certain situations.
While the Turners and Spencer say the language is much less
restrictive and less legally binding, DuPont's King said the
new label is "more restrictive."
"I think they're putting too much emphasis on the
words 'do not,'" King said, calling the change an
"evolution in labeling." The old label "doesn't
tell you what will happen if you do." She also pointed
out the new label was approved by EPA.
King would not comment on the long-term effects the
Hazelton contamination might have on crops, saying there's not
enough information about the chemical's effect under those
specific circumstances yet.
But others involved with the investigation have warned
growers in the most heavily affected areas to expect three to
four years of no or at least anemic yields.
Turner also warns growers not to be complacent.
"It's totally a 'trust me' deal," he said.
"These farmers are being told to trust the government,
the same government that sprayed this stuff in the first
place.
"Those farmers should know DuPont won't settle
voluntarily."
The wait
When Tom Murphy's sprouting sugar beet plants didn't look
right this spring, he replanted. Then he did it again. And
again.
"I've spent $27,000 on this field to date, and I'll
get nothing," Murphy said. "Overall, I'm looking at
a $100,000 loss."
Members of Idaho's congressional delegation say they're
well aware of the growers' pain and are working toward a
number of solutions. But until more information about the
cause and extent surfaces, they say, there's not much they can
do.
"We have to know what we're up against," said
Luci Willits, U.S. Rep. Mike Simpson's spokeswoman.
Meanwhile, the increasingly poor crop commodity market,
industry consolidation, rising energy and fuel costs and a
record drought year are the least of some Hazelton-area
growers' problems.
One bit of good news, however, did come for the growers
this week. The U.S. Department of Agriculture approved their
crops for human and animal consumption. It's been a big worry,
especially whether beer companies would buy their barley -- at
least what can be harvested.
Whatever else they get out of this growing season will
likely have to come from Congress or the courts -- a
time-consuming option most farmers don't like to think about.
"Without a court fight, I don't think we're going to
get anything out of the BLM," said Serr.
Times-News politics and state government reporter Michael
Journee can be reached at (208) 733-0931, Ext. 231, or by
e-mail at mjournee@magicvalley.com. |