Saturday, September 3, 2011

OMB Approves 2012 Methyl Bromide Exception NPRM

On Thursday the Office of Management and Budget announced that it had approved the EPA’s NPRM for the 2012 exempted uses of methyl bromide. The approval was made ‘consistent with change’ so the EPA’s publication of the NPRM will be delayed slightly as they make (and get internal approval for) changes to the NPRM.

The EPA is going to have a hard time getting this through the regulatory process before January 1st , 2012 if they publish this NPRM with a standard 60-day comment period. This rule went to OMB back in July, so OMB hasn’t helped EPA’s effort much. Though I do have to admit that they are doing much better than they did with the 2010 and 2011 versions of this rule; the 2010 NPRM was published on November 23rd, 2009 and the 2011 NPRM went to the Federal Register on April 28th, 2011. Both of those rules were published after EPA had to give unofficial authority to manufacture and use methyl bromide to meet the fumigation needs for the pre-planting season.

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