USDA
Comments
on
the
Draft
Allocation
Rule
1)
Penalties:
While
we
appreciate
EPA's
efforts
to
lower
the
potential
maximum
penalty
by
basing
violations
on
a
"
per
50
kg"
basis
rather
a
"
per
1
kg"
basis,
the
proposed
maximum
is
still
excessive
for
most,
if
not
all,
agricultural
operations.
We
believe
that
an
effective
deterrent
to
misapplication
can
be
achieved
with
a
much
lower
maximum
penalty
that
would
also
avoid
creating
a
negative
reaction
within
the
agricultural
community.
A
maximum
penalty
of
$
195,000/
acre
as
outlined
in
the
draft
will
almost
certainly
draw
the
ire
of
many
methyl
bromide
users
and
it
is
not
at
all
clear
that
additional
animosity
will
help
achieve
EPA's
goals.
This
seems
especially
the
case
given
that
non­
CUE
users
can,
in
the
short
term,
purchase
and
use
MeBr
from
existing
stocks
with
no
limitations
or
potential
penalty.

2)
Available
Stocks:
Because
of
the
CBI
nature
of
the
data
that
drive
the
calculation,
we
cannot
comment
on
the
data
and
assumptions
used
in
the
algorithm.
Given
likely
uncertainties
in
the
data,
we
encourage
EPA
to
factor
uncertainty
into
the
calculation
and
present
a
range.
The
policy
choice
of
a
single
cap
number
within
that
range
should
then
be
made
clear.
