ARA Testifies Before House Committee On The Impact Of EPA’s Regulatory Overreach

As Chairman of the House Committee on Oversight and Government Reform, Congressman Darrell Issa (R-CA) led a recent hearing and visited with ARA Chairman Billy Pirkle (right) after the meeting.
As Chairman of the House Committee on Oversight and Government Reform, Congressman Darrell Issa (R-CA) led a recent hearing and visited with ARA Chairman Billy Pirkle (right) after the meeting.

Many agricultural retailers feel the impact and expense of unnecessary and burdensome regulations on a daily basis. A growing number of these regulations are the result of recent actions taken by EPA. Today, ARA Chairman Billy Pirkle addressed several of these regulations and their negative impact on the U.S. agriculture industry and economy at a hearing before the House Committee on Oversight and Government Reform. Pirkle also serves as the Senior Director for Environmental, Health and Safety for Crop Production Services (CPS).

To begin his testimony, Pirkle explained the important role agricultural retailers play in the production of crops needed to feed the nation and the rest of the world. He explained the variety of crop inputs retailers provide to their farmer customers and the additional services and consultation they offer to help farmers make the most environmentally friendly choices on their operations.

One of the first issues Pirkle raised before the House Committee was EPA’s decision to counteract a longstanding regulatory exemption for agricultural retailers and support the decision of the agency’s Region 4 office (covering the Southeast United States) when they began issuing citations to agricultural retail facilities for failure to report under the Emergency Planning and Community Right-to-Know Act (EPCRA) when fertilizer was blended at the retail facility. The EPCRA statute actually applies to those who manufacture fertilizer and specifically exempts “fertilizer held for sale by a retailer to the ultimate consumer.” However, now EPA stated that custom blending of fertilizer was the same as manufacturing fertilizer.

“Nearly all agricultural retailers custom blend types of fertilizer at the retail site for farmer customers because farmers do not have the equipment to blend in the field. Furthermore, blending fertilizer is a different process than manufacturing fertilizer,” explained Pirkle in his testimony.  “In 1987, EPA concluded that Congress’s intent with EPCRA was to exempt a retail facility from these provisions because the general public was already aware of the retail sale and application of fertilizers.”

Later, Pirkle also explained that if a retailer had to meet all EPCRA reporting requirements, their permitting requirements under other environmental laws could also change. Trying to comply with all these requirements could cost a retailer an additional $30,000 per year, plus a $6,000 annual update.

Another key issue Pirkle addressed in his testimony was the requirement that pesticide applicators obtain a National Pollutant Discharge Elimination System (NPDES) Clean Water Act (CWA) permit to conduct any pesticide applications. Pirkle explained that this is unnecessary since pesticides are already evaluated thoroughly by EPA under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The pesticide label, which includes use instructions for different crops, geographic regions and weather conditions, is approved by EPA, and the instructions are based on mountains of health and environmental data.

“A new NPDES permitting system would result in little to no environmental benefit, but could cost the industry millions of dollars to comply with these new requirements and leave commercial applicators and their farmer customers vulnerable to citizen suits,” stated Pirkle. “Legislation has been introduced called the ‘Reducing Regulatory Burdens Act’ (H.R. 872) that would exempt FIFRA-compliant pesticide applications from CWA permitting requirements.”

The Reducing Regulatory Burdens Act is currently part of the House version of the Farm Bill. Pirkle explained to the Committee that it is critical for the House to take action on the 2012 Farm Bill prior to the upcoming August recess to allow time to complete negotiations with the Senate on a final conference agreement.

In Pirkle’s role at CPS, he works with his company’s staff and management to give direction for the regulatory support and oversight of regulatory programs for all of the company’s retail operations. His first-hand experience and regulatory knowledge made his testimony to the House Committee extremely valuable.

Other examples of EPA’s Regulatory Overreach that Pirkle mentioned in his testimony included the following key issues under the Clean Water Act and Clean Air Act.

  • Clean Water Act (CWA) Issue:
  1. EPA’s proposed spray drift guidance document that changes the legal standard found in FIFRA to an essentially zero-tolerance spray drift standard.
  2. EPA’s proposed guidance document to expand jurisdiction of the CWA without obtaining the necessary statutory changes or going through the formal rulemaking process.
  3. Numeric Nutrient Criteria regulations in Florida, Mississippi River Basin and the Chesapeake Bay.
  • Clean Air Act (CAA) Issues:
  1. Dust regulation in the agriculture industry.
  2. Greenhouse Gas Regulations and the increased compliance costs to the suppliers of agricultural retailers, which would be passed along to the retailer and farm.

In conclusion, Pirkle spoke on behalf of agricultural retailers asking Congress to hold regular oversight hearings regarding federal agency regulatory and enforcement activities. He also requested that Congress take necessary legislative action to prevent EPA from over-reaching its statutory authorities in the areas highlighted in his testimony.

ARA and its member companies are strong stewards of the environment and continue to operate in an environmentally safe manner. ARA welcomes the opportunity to continue to work with the Committee, Congress and EPA to provide any needed statutory clarifications to improve regulations.

Video of Pirkle’s verbal testimony before the House committee is available here. Pirkle begins speaking at about 49:20 in the video. Click here to read Pirkle’s complete written testimony.

Leave a Reply

Management Stories

StewardshipMichigan Agriculture Leaders On Toledo Water Ban: We Want To Be Part Of The Conversation
August 8, 2014
Leaders of Michigan agricultural organizations said Thursday that the government should not have a “knee-jerk reaction” based on last weekend’s water ban in Toledo due to fertilizer run-off in Lake Erie. Read More
ManagementRussia Bans U.S. And EU Ag Product Imports In Ukraine Sanctions Battle
August 7, 2014
Russian President Vladimir Putin has banned the import of agricultural goods from countries that have imposed sanctions on Russia. Read More
EmployeesAsmark Institute Dedicates New Training Center To Ford West
August 6, 2014
The Asmark Institute plans to recognize the retired industry leader's years of service to the fertilizer industry at the new state-of-the-art facility in Owensboro, KY. Read More
LegislationUSDA: Quick Implementation Of Disaster Assistance Programs A ‘Top Priority’
July 9, 2014
USDA has processed 106,000 payments to farmers in 40 states across the country who suffered livestock and grazing losses between Oct. 2011 and passage of the 2014 Farm Bill. Read More

Trending Articles

CropLife 100CHS To Build $3 Billion Fertilizer Plant In North Dakota
September 5, 2014
The fertilizer plant in Spiritwood will be the single largest investment in CHS history, as well as the single largest private investment project ever undertaken in North Dakota. Read More
EquipmentNew Holland Acquires Miller-St. Nazianz
September 3, 2014
The assets of Miller acquired as part of the transaction will become part of New Holland Agriculture, a CNH Industrial brand, building on a successful four-year partnership between the two companies. Read More
CropLife 100Pinnacle Acquires East Kansas Chemical
September 2, 2014
Ranked 82nd on the CropLife 100, East Kansas Chemical will operate as part of Pinnacle's Performance Agriculture brand. Read More
MAGIE 2014 ShowStopper
EquipmentJohn Deere Again Wins MAGIE ShowStopper Award
August 25, 2014
For the second consecutive year, John Deere was honored at the Midwest AG Industries Exposition (MAGIE) for its new R4045 sprayer. Read More
ManagementExpert To Discuss Farmland Value, Rent At Farm Science Review
August 18, 2014
While cropland values in Ohio increased in the past two years, they have remained flat in 2014, declining in some cases, according to an Ohio State University agricultural economist. Read More
EquipmentAdvance Your Technology IQ At MAGIE
August 13, 2014
The Midwest AG Industries Exposition (August 20-21) is the place you need to be to see, study and evaluate how new advances in the equipment, operations, crop protection and fertility sectors can help your business prosper. Read More

Latest News

CropLife 100Pinnacle Acquires Kansas-Based Cedar Ridge Supply
September 16, 2014
Cedar Ridge Supply will operate as part of Pinnacle's Performance Agriculture brand. Read More
StewardshipSecretary Vilsack Highlights Innovative Conservation Ef…
September 15, 2014
Nearly $16 million in Conservation Innovation Grants (CIGs) will be awarded to 47 organizations to help develop cutting-edge ideas to accelerate innovation in private lands conservation. Read More
Seed/BiotechSyngenta Responds To Cargill Lawsuit
September 15, 2014
Syngenta believes that the lawsuit is without merit and strongly upholds the right of growers to have access to approved new technologies. Read More
Equipment2014 Farm Science Review Launches Mobile App
September 15, 2014
Smartphone and tablet users planning on attending the 2014 Farm Science Review can now download this year’s customized mobile application. Read More
CropLife 100Southern States Coop Grower Sets Georgia Soybean Yield …
September 15, 2014
Georgia farmer Randy Dowdy's soybeans yielded an astonishing 110.66 bushels per acre, crushing the previous record of 82 bushels-per-acre. Read More
NIMITZ Treated vs Untreated pepper plant
InsecticidesNIMITZ Nematicide Approved By EPA
September 12, 2014
NIMITZ is a novel, non-fumigant nematicide with simplified application features, user safety and an active ingredient with a unique mode of action. Read More
InsecticidesMarrone Bio Innovations Receives Patent For Chromobacte…
September 11, 2014
The patent is the first step for MBI in developing a commercially viable product to inhibit infestations of corn rootworm larvae across America and other regions. Read More
HerbicidesDow AgroSciences: Keeping The Pipeline Stocked
September 11, 2014
Dow AgroSciences is embracing product diversity to drive the company’s future. Read More
CropLife 100CHS Is Official Partner Of New St. Paul Ballpark
September 10, 2014
The new ballpark in St. Paul, MN, officially became CHS Field with Twin Cities-based CHS Inc. revealed as the naming rights partner. Read More
EquipmentHagie Honors Farming Stewardship Leaders
September 10, 2014
The Iowa Farm Environmental Leader award recognizes Iowa farmers as environmental leaders that are committed to healthy soils and improved water quality. Read More
Precision AgPlantBeat: Your Plants’ Pulse In The Palm Of Your Han…
September 10, 2014
A new agronomic monitoring and recommendation service from Phytech could rewrite the book on real-time plant health status monitoring. Read More
StewardshipCCAs Making Headway With 4R Program In Lake Erie Wester…
September 9, 2014
Certified Crop Advisers are implementing the 4R Nutrient Stewardship Certification program in Lake Erie's Western Basin to improve water quality. Read More
MicronutrientsMicronutrients Going Macro
September 9, 2014
Between 2014’s fantastic growing conditions and a heightened awareness on plant nutrition, the major players in micronutrients are gearing up for another big year. Read More
Crop InputsFMC Announces Cheminova Takeover
September 8, 2014
FMC Corporation today announced that it has signed a definitive agreement to acquire Cheminova, a wholly owned subsidiary of Auriga Industries. Read More
HerbicidesValent’s Fierce XLT Herbicide Receives EPA Approv…
September 8, 2014
Valent U.S.A. Corp. announced today that Fierce XLT Soybean Herbicide is now federally registered for preemergence weed control in soybeans Read More
Eric SfiligojIndustry Consolidation Set To Increase Going Forward
September 8, 2014
As the agricultural marketplace moves into fall, one observer predicts the pace of consolidation will grow at all levels. Read More
LegislationCropLife America Leaders Address Regulatory Landscape, …
September 8, 2014
As CropLife America enters its 81st year, the organization’s leaders have seen another period of rapid and visible policy and public issue activity. Read More
FertilizerFall Fertility 2014: Forecasting Fertilizer Use
September 7, 2014
Great crops this year have tapped the soil, and fall work is definitely called for, but how challenging will that get? Read More