![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20081013100337im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Pesticide Container Recycling
Proposed Rule
OMB Concludes EO 12866 Review by Returning Proposal to EPA for Reconsideration
Current as of July 7, 2008
On April 1, 2008, EPA submitted to the Office of Management and Budget (OMB) for Executive Order 12866 review a draft rule titled "Pesticide Container Recycling". The proposal would invite public comment on a requirement that pesticide registrants that sell agricultural or professional specialty pesticides in nonrefillable high density polyethylene (HDPE) containers participate in a recycling program.
Under the Executive Order, OMB has 90 days to review the proposed action. Unless that review is extended by up to 30 days as permitted under the Executive Order, one of three actions must occur by day 90:
- OMB concludes review, and the Agency proceeds to issue it.
- OMB returns the rule package to the Agency for reconsideration.
- EPA withdraws the rule package.
On July 3, 2008, OMB returned the draft proposed rule to the Agency pursuant to section 6(b)(3) of the Executive Order for further consideration and analysis. As indicated in the OMB "Return Letter," a copy of which is posted on the OMB website, OMB concluded that the proposed rule did not meet several of the provisions in Executive Order 12866. Specifically,
"EPA's stated regulatory objective is to reduce the improper disposal of unrinsed or poorly rinsed pesticide containers. We recognize that illegal and improper disposal of these pesticide containers may create hazards. However, it remains unclear whether providing the proposed recycling program will result in a meaningful reduction in the improper disposal of these containers."
"In addition, EPA's analysis of the proposed program indicates that the quantified costs imposed by the proposed recycling program will exceed the quantified benefits by more than two orders of magnitude. Further, EPA has not analyzed other alternatives, including alternatives that may increase net benefits and potentially reduce burdens on small businesses. Consistent with Section l(b)(6) and l(b)(II) of Executive Order No. 12866, EPA should determine whether alternatives exist that would impose the least burden on society and ensure that the benefits of the intended regulation justify its costs".
The Agency is considering the information provided by OMB and, in the future, will determine next steps for this particular rulemaking effort.