With the transition to a new administration in mid-January, regulatory activity has slowed. On January 20, 2025, the Regulatory Freeze Pending Review Executive Order was issued, directing all executive departments and agencies to review existing and pending regulations. Agencies were also instructed to pause the issuance of new rules until department or agency head appointments were in place. As a result, we submitted relatively few comment letters in response to federal agency proposals this quarter. 

Below is a brief summary of the issues addressed in those responses.

Department of Labor Occupational Safety and Health Administration (OSHA) – Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings - Our comments expressed concern with the proposed rule, particularly the heat triggers, which are ill-suited to Arizona’s dry, arid climate. We also highlighted the burden of new regulatory requirements that may not meaningfully improve worker safety. We urged OSHA to withdraw the proposal and work collaboratively with industry stakeholders in the training space to more effectively prevent heat-related illnesses and injuries.

U.S. Fish and Wildlife Service (USFWS) - Endangered and Threatened Species – Status of the Suckley’s Cuckoo Bumble Bee – The USFWS is proposing to list the Suckley’s cuckoo bumble bee as an endangered species, with portions of northern Arizona included within its reported range. However, the Species Status Assessment cites only limited occurrences in Arizona, and the validity of the two records used to justify including the state within the species’ range is questionable. Therefore, our comments strongly urged the agency to exclude Arizona from the designated range if it proceeds with the listing.

Environmental Protection Agency (EPA) – Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Chlorpyrifos – In this proposal, the EPA is seeking to revoke all tolerances for chlorpyrifos residues, except for those associated with its use on 11 specified crops, including alfalfa, cotton, and citrus. Our comments supported maintaining tolerances for these 11 crops. However, we expressed concern that Arizona was not included among the states where chlorpyrifos use on cotton and citrus would be permitted.

Council on Environmental Quality (CEQ) - Removal of National Environmental Policy Act (NEPA) Implementing Regulations – Our comments acknowledged that CEQ’s decision in its interim final rule to revoke the NEPA implementing regulations is reasonable, given that the original regulations were based on a 1978 Executive Order and later revoked by a subsequent Executive Order under the current administration. We emphasized that relying on Executive Orders to establish such rules does not provide a stable or consistent foundation for implementing federal legislation. AZFB will continue to monitor and provide input on future federal agency rulemakings related to their NEPA regulations.

Environmental Protection Agency (EPA) – Pesticide Registration Review: Atrazine – Our comments addressed the EPA’s proposed updates to the mitigation measures in the interim registration review decision (IRRD) for atrazine. We expressed concern over the proposed restriction limiting the annual application rate to 2 pounds of active ingredient per acre, noting the potential impact on certain growers in Arizona. Given the significantly low ecological risk assessment values associated with atrazine use in the state, we urged the agency to consider a higher annual maximum application rate specifically for Arizona.

In addition to providing a summary of the comment letters submitted during the first quarter, we’re pleased to report that two proposals we responded to last year, each raising important concerns from our members, have since been withdrawn. These include the U.S. Fish and Wildlife Service’s Biological Integrity, Diversity, and Environmental Health (BIDEH) proposal affecting the National Wildlife Refuge System, and the U.S. Forest Service’s Land Management Plan for Old Growth Forests.

Arizona Farm Bureau staff is also working on drafting comment letters due April, including responding to the EPA’s Air Plan Revisions for Pinal County PM10 agricultural operations, EPA’s Waters of the U.S. request for recommendations related to topics of implementation, and FWS’s proposed listing of the monarch butterfly as a threatened species with a 4(d) rule.

 

If you come across an issue that you feel is important that Arizona Farm Bureau should engage in, please do not hesitate to reach out to staff to make sure it is also on our radar.

 

For more information about a specific comment letter, contact Ana Kennedy Otto at advocacy@azfb.org.