5E-2.036: Restrictions on the Use of Methyl Bromide as a Soil Fumigant; Application Equipment Requirements
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to repeal Rule 5E-2.036, F.A.C., relating to restrictions on the use of methyl bromide as a soil fumigant. Measures implemented by the United States Environmental Protection Agency (EPA) in 2010 and 2011 establish new label requirements for use that are equivalent to or more restrictive than the restrictions imposed by this rule.
SUMMARY: This rule is being repealed because it is no longer necessary in light of label requirements implemented by the EPA in 2010 and 2011 which are equivalent to or more restrictive for use of methyl bromide than the restrictions imposed by this rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rule is being repealed to remove a layer of duplicitous regulation because label restrictions implemented by the EPA in 2010 and 2011 are equivalent to or more restrictive for the use of methyl bromide than the restrictions imposed by this rule. Based on the Department’s experiences with repeals of superseded and unnecessary rules, the adverse impact or regulatory costs, if any, caused by the repeal of Rule 5E-2.036, F.A.C., do not exceed nor would exceed any one of the economic analysis criteria in a Statement of Economic Regulatory Costs (SERC) as set forth in Section 120.541(2)(a), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 487.042, 487.051(1)(b), 487.051(2), 570.07(23) FS.
LAW IMPLEMENTED: 487.042, 487.051(1)(b), 487.051(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Bruce Nicely, Chief, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building #8, Tallahassee, Florida 32399-1650, (850)617-7850
THE FULL TEXT OF THE PROPOSED RULE IS:
5E-2.036 Restrictions on the Use of Methyl Bromide as a Soil Fumigant; Application Equipment Requirements.
Rulemaking Specific Authority 487.042, 487.051(1)(b), 487.051(2), 570.07(23) FS. Law Implemented 487.042, 487.051(1)(b), 487.051(2) FS. History–New 1-31-91, Amended 7-18-95, Repealed_________.