Each year, ARA members identify priority policy issues. The Washington, D.C., team then advocates for these priorities on members’ behalf. A strong collective of ag retail voices is paramount to successful advocacy. Retailers represented by ARA have peace of mind that their businesses’ best interests are being looked after.
Chlorpyrifos
ARA and its members have consistently maintained that science-based decisions are critical to ensuring the availability of essential pesticide products in the U.S. marketplace. With alternative pesticides already removed from the market, chlorpyrifos is an essential tool for farmers to protect their crops.
- In 2017, EPA denied a petition that the agency revoke all tolerances for the product and cancel registrations for related products. This was a victory for ARA and the industry.
- ARA advocated EPA continue the registration review that was underway on its 15-year cycle. That review was set to be complete by October 2022.
- In 2018, EPA extended conditional registration through November 2020 and approved for “over the top” use by certified applicators.
- In August 2021, the EPA announced it would revoke all tolerances for chlorpyrifos in all food crops in the U.S. ARA will continue to advocate against this decision, especially as this change did not go through the normal pesticide registration cancellation process under the Federal Insecticide, Fungicide and Rodenticide Act.
Transportation Issues
Electronic logging device (ELD) mandates, hours of service (HOS) regulations and other transportation issues have remained priorities for ARA. Ensuring ag retailers can perform their essential duties to provide service and support to farmer-customers is of utmost importance.
- As a new ELD mandate was brought forward in 2017, ARA worked with lawmakers to postpone the new requirements to give the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) more time to address compliance-related issues. ARA also submitted an ELD exemption petition seeking a five-year waiver.
- FMCSA sought input on expanding the HOS “short-haul” exemption to 150 air miles, making it consistent with the HOS agricultural operations exemption. ARA submitted comments to FMCSA in support of an expansion. ARA also supported reforms to the HOS agricultural exemption to provide more flexibility for the industry.
- ARA has been a longtime supporter of an expanded pilot program for young commercial drivers (18- to 20-year-olds) as well as modernizing the farm-related restricted CDL program.
- In 2019, ARA testified before the Surface Transportation Board (STB) to underscore concerns about railroad demurrage, storage and accessorial charges. As a result of ARA’s efforts and the hearing, the STB issued a series of decisions that were a step toward much-needed rail industry reform.
CFATS Reauthorization
The Chemical Facility Anti-Terrorism Standards (CFATS) are intended to protect high-risk chemical facilities that possess certain chemicals of interest from security vulnerabilities and prevent terrorists from obtaining those chemicals to conduct malicious behavior. Reauthorized in 2014, it was set to expire in December 2018.
- As the expiration approached, ARA worked with its allies in Congress to ensure reauthorization with clear and ubiquitous definitions of ammonium nitrate and ammonium nitrate mixtures and maintaining notice-and-comment rulemaking requirements of the Administrative Procedures Act for any changes to the chemicals of interest found in CFATS Appendix A.
- ARA had a member-representative testify before the House Subcommittee on Homeland Security in 2018, making the case to reauthorize the program. In December of that year, Congress granted an 18-month reauthorization. This decision was a step in the right direction, and ARA continued to advocate for a longer-term reauthorization.
- In 2020, CFATS was finally reauthorized through July 27, 2023, a positive step for ARA and its members as it provides more regulatory certainty.
Waters of the United States (WOTUS)
The 2015 WOTUS rule was problematic for agriculture and inconsistent with Supreme Court precedent. It failed to preserve states’ authority to regulate non-navigable waters and provide certainty and clarity for regulators and those regulated.
- ARA actively participated in the Waters Advocacy Coalition, a collective advocating for a replace and repeal of the 2015 WOTUS rule.
- In 2020, the Navigable Waters Protection Rule (NWPR) was enacted to repeal and replace the 2015 WOTUS rule. ARA praised this move by EPA and the Corps as it provided the much-needed clarity for ag retail.
- Now, the Biden administration and EPA are reevaluating the NWPR, and the threat exists to return to much of the 2015 WOTUS expanded regulations.
EPA Risk Management Program (RMP)
In January 2017, EPA published a final regulation related to the RMP, imposing significant costs on multiple industries and compromising facility security with no substantive increase in safety.
- In 2016, ARA supported EPA’s decision to delay new RMP requirements until February 2019, which would allow time for the Trump administration to consider revisions.
- ARA submitted comments to EPA suggesting the agency utilize a federal advisory board that includes technical experts from industry stakeholders and federal, state and local officials, but it was rejected due to resources or time constraints to issue the new regulations.
- In 2019, EPA issued the final RMP Reconsideration Final Rule, which included changes to promote better emergency planning and public information about accidents while resulting in significant cost savings for RMP-regulated facilities.
- ARA’s long-term work on this was a success.
ARA members have exclusive access to the DC Help Desk to address all their compliance, regulatory and other questions and concerns that impact their ability to do business. A personalized service like no other, the DC Help Desk has helped to address nearly 100 specific requests from its members. For more information, please visit aradc.org/helpdesk
