WASHINGTON, D.C. – At a U.S. Senate hearing, U.S. Senator Heidi Heitkamp pushed key administration officials for a solution that protects North Dakota farmers, fertilizer retailers and rural communities from harmful new federal fertilizer standards. Heitkamp called on the administration to voluntarily delay the standards given the impact they would have.

The standards – set to be enforced October 1 – would apply tough, across-the-board restrictions on agricultural retailers that sell anhydrous ammonia, a common fertilizer, seriously burdening retailers and farmers. Complying with those new standards could cost $25,000 to $50,000 per facility, according to the North Dakota Department of Agriculture. More than 30 North Dakota retailers say they will stop selling the fertilizer October 1, forcing farmers to pay more and travel farther for inputs.

In July, Heitkamp and Sen. Deb Fischer (R-NE) introduced bipartisan legislation to stop these harmful federal standards from going into effect.

“Farmers and retailers in North Dakota have made it clear that these new federal standards would hurt retailers, family farmers and rural economies,” said Heitkamp. “More than 30 retailers in North Dakota alone could stop carrying this critical fertilizer in October if these new standards go into effect. And it’s no secret why – complying with the new standards could cost as much as $50,000 per facility, according to North Dakota’s Department of Agriculture. Sweeping actions like this fail to take into account the full and harmful impact on rural America, which is the message I drove home at the hearing. To get a solution that works for our family farmers, I’m pushing my bipartisan bill with Senator Fischer so we give retailers and farmers meaningful input in the rulemaking process.”

Heitkamp spoke at hearing of the U.S. Senate Subcommittee on Regulatory Affairs & Federal Management, which she helps lead. Witnesses testifying included M. Patricia Smith, an official at the U.S. Department of Labor, which issued the anhydrous ammonia enforcement memorandum. Howard Shelanski, administrator of the Office of Information & Regulatory Affairs (OIRA) also testified.

The new standards were announced in July 2015 and became effective immediately. The new policy requires facilities that store or transport 10,000 pounds or more of anhydrous ammonia to obtain Process Safety Management Standard documentation. If the facility cannot obtain this documentation, it could be forced to purchase new storage tanks, costing $70,000 or more.

The Occupational Safety and Health Administration (OSHA) did not choose the traditional notice-and-comment rulemaking process, which would have given retailers and farmers an opportunity for more meaningful consultation as the rule was developed, and instead issued interpretive guidance, which did not include substantial input from affected industries. Because of language Fischer and Heitkamp helped include in the end-of-the-year spending bill Congress passed last December, OSHA postponed enforcement of the guidance until October 1.

The Fischer-Heitkamp bill would require OSHA to withdraw the July 2015 memo. It would also require the agency to abide by a formal rulemaking process when instituting a similar policy change in the future. Click here to view text of the FARM Act.