OMB: “New Source Performance Standards for Rice Dryers a ‘Significant Regulatory Action’”

WASHINGTON, DC – In a setback for the U.S. Environmental Protection Agency (EPA), the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) has classified the proposed amendments to the new source performance standards (NSPS) as a “significant regulatory action.”  This position, long maintained by the U.S. rice industry, means OMB will now conduct a formal 90-day intra-agency review of the final version of the proposal and affords industry a more significant opportunity to comment on the proposed regulation.

The section of NSPS under review is a burdensome and unnecessary update to a regulation first introduced in the 1980s to deal, in part, with dust associated with rice drying.

“EPA took what was a non-issue and created a regulatory monster,” said Steve Hensley, senior director of regulatory affairs for USA Rice.  “Any way you slice it, we don’t need this rule – in its new form or the original – and we’ll continue to make that case.  This latest action may indicate OMB-OIRA is listening and believes there are merits to the industry’s case.”

Hensley said USA Rice was part of a grain coalition opposing the expansion of the existing rule and that the group would continue to seek a common sense regulation from EPA.

EPA indicated they will deliver their final draft regulation to OMB-OIRA sometime this summer, and at that point the 90-day review clock begins.