Richard Gupton from the Ag Retailers Association came on The Scoop Podcast to detail what retailers needs to know about recent WOTUS news, train safety discussions, non-compete agreements, and EPA’s action on diesel trucks in California, and Application Exclusion Zones.
Many of these topics have been addressed in recent history, but issues seem to resurrect themselves in Washington DC says Gupton.
Regarding WOTUS, Gupton says ARA is continuing to advocate for agriculture’s interest in the ongoing discussion and definitions of the regulation. While both the house and senate passed a joint resolution of disapproval via the Congressional Review Act, that resolution was vetoed by President Biden. Now, Gupton is looking for clarity via either another action by Congress (which is unlikely) or the pending decision by the Supreme Court in the Sackett case.
“This is basically a timeout until the US Supreme Court hears the Sackett case on that connection with significant nexus between a navigable water and these other waters that are under debate and what’s covered jurisdictionally wise,” Gupton says. “We’re hopeful the Supreme Court can help put this issue to rest once and for all and provide the clarity needed for the industry.”
Relevant to rail infrastructure, Gupton says the railroads are critical to the business of ag retail.
“You need four trucks to every railcar when you’re moving products, for example, like anhydrous ammonia,” Gupton says.
The increased attention to train derailments has brought more attention to potential safety measures on the railroads.
“Rail safety is important, and it needs to be addressed,” he says. “And it’s the most efficient way and safest way still to move products. So there have been rail safety bills introduced in Congress. And we’re supportive of trying to address those issues, whether it deals with increasing maintenance, increasing inspections, or making sure we’re paying for repairs or have defective equipment.”
Gupton highlights ARA’s concern about a “knee jerk” reaction giving too much authority to the Department of Transportation---for example, shortening the length of trains or have only hazmat dedicated trains—which could exacerbate supply chain issues.
The FTC has issued a proposal to ban non-compete agreements.
“It’s really uncharted territory with the Federal Trade Commission trying to step in,” Gupton says. “We don’t think Congress has given them the federal authority to have a nationwide blanket ban. We think it would be more productive if they work with the states themselves as well as industry stakeholders that are impacted, and come up with some standards or model standards that can be adjusted. You don’t want a one size fits all.”
Regarding environmental regulations, EPA has provided waivers of the Clean Air Act in California to phase out diesel engines.
“They want to phase out most diesel trucks by 2035,” Gupton says and shares skeptism in technology available to deliver such a promise in 12 years. “I understand the whole issue about trying to focus on climate change, and how can we address those things, but having artificial deadlines in place to push technologies that aren’t fully there won’t happen by 2035.”
One last area Gupton provides an update is Applicator Exclusion Zones.
“We thought we put this bed and common sense prevailed,” Gupton says. “But apparently not.”
He says the proposal for applicator exclusion zones is being expanded to include unrealistic time and physical parameters. Gupton says the comment deadline is next month, and ARA plans to submit comments.
