24 States Sue EPA To Overturn Tougher PM NAAQS
This week twenty four (24) states filed a lawsuit against Federal EPA to vacate the Agency’s recently strengthened national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). The lawsuit was filed the very same day as EPA published the rule in the Federal Register, opening a 60-day window for litigants to file petitions for judicial review. The 24 states suing EPA over the rule are: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wyoming. These same states urged the Biden administration before the rule was promulgated not to proceed with tougher standards. “Petitioners will show that the final rule exceeds the agency’s statutory authority and otherwise is arbitrary, capricious, an abuse of discretion, and not in accordance with law. Petitioners thus ask that this Court declare unlawful and vacate the agency’s final action,” the States say in their suit. EPA’s rule tightens the prior annual “primary,” or health-based standard for PM2.5 from 12 micrograms per cubic meter (ug/m3) down to 9 ug/m3. Most believe the new standard will place many more areas into “nonattainment” and as a result these areas must develop state implementation plans (SIPs) outlining measures to attain the limit and must impose tougher-still permitting requirements on new and modified industrial facilities. For California, especially the San Joaquin Valley, this new standard will be problematic to meet and could trigger even tougher requirements on farm equipment and even tighter fugitive dust regulations.
Association’s Priscilla Rodriguez Joins Water Blueprint Board
At this past month’s Board of Directors Meeting for the San Joaquin Valley Water Blueprint, the Association’s Assistant Vice President Priscilla Rodriguez was elected to the Board. Ms. Rodriguez brings many years of water experience with her from the time she worked for the Friant Water Authority and the Latino Water Coalition to the many years she has worked here at the Association. The Water Blueprint commented in its press release that her expertise on water policy will be invaluable as the Blueprint continues its efforts to address the water challenges facing the San Joaquin Valley. She joins new elected board member Daniel Hartwig with the California Fresh Fruit Association. Newly elected Chairman Eddie Ocampo said “We are thrilled to welcome Daniel Hartwig and Priscilla Rodriguez to the board. Their insights and perspectives will be invaluable in guiding our work and shaping the future of water management in the San Joaquin Valley. The Water Blueprint for the San Joaquin Valley is a collaborative initiative bringing together stakeholders from agriculture, industry, government, and non-profit organizations to address the region's water challenges. Through research, advocacy, and community engagement, the Water Blueprint works to develop sustainable water management solutions that support economic prosperity, environmental stewardship, and social equity in the San Joaquin Valley.
Cal/OSHA Considering 4th Draft of Walking/Working Surfaces Regulation
This month the Cal/OSHA Standards Board will convene an Advisory Committee to consider the 4th draft of its Walking/Working Surfaces Regulation. These revisions are necessary to meet Federal OSHA requirements and prevent falls. The Association’s President/CEO Roger A. Isom was asked by Cal/OSHA to sit on the committee and will be participating. Walking/Working Surfaces include but are not limited to:
- Floors
- Stairways
- Steps
- Roofs
- Ramps
- Runways
- Aisles
- Scaffolds
- Dock plates
- Step bolts
The draft proposal would revise and update several safety orders, including definitions, guardrails and toeboards, guard rails and fall protection at elevated levels, personal fall protection systems, falling object protection, fall protection training requirements, roof and floor openings, service pits, and yard surface openings, stair railings and handrails, and stairways. Agricultural buildings including cotton gins, tree nut hullers and processors, and packing houses all will be affected by the proposed changes. The latest FedOSHA requirements were adopted in 2017 and Cal/OSHA must adopt these changes.
Association Attends Meeting with Senator Butler and Congressman Costa
This past week, Association President/CEO Roger A. Isom attended and spoke at an invitation only meeting with United States Senator Laphonza Butler and Congressman Jim Costa. Representatives from Westlands Water District, Friant Water Authority, San Luis Delta-Mendota Water Authority joined representatives from the Nisei Farmers League, California Fresh Fruit Association, African American Farmers of California, Fresno County Farm Bureau, California Cotton Ginners and Growers Association and the Western Agricultural Processors Association. Discussions focused on water, immigration, exports and equity. Isom commented on lack of water is impacting crops in the San Joaquin Valley and highlighted the efforts of the San Joaquin Valley Water Blueprint and its goal of attempting to makeup the 2 million acre-feet of water shortfall to comply with the Sustainable Groundwater Management Act (SGMA).
Association President/CEO Isom Addresses APMA Convention
Association President/CEO Roger A. Isom gave the keynote address to more than 450 people at this year’s Ag Personal Management Association (APMA) 2024 Forum in Monterey. California. Isom discussed the State’s push to reduce greenhouse gas emissions to improve climate change, as well as the push to improve labor conditions and the alleged impacts of pesticide applications. Isom highlighted rules and regulations devastating the agricultural industry based on hysteria and baseless claims. Isom encouraged the crowd to “get involved” and help push back at hearings and workshops when agriculture is outnumbered every single time at rates as much as 10 to 1. He stated “agriculture’s voice mush be heard, and the facts have to be presented above the noise of the accusations with no scientific basis to support them.