[Federal Register Volume 67, Number 154 (Friday, August 9, 2002)]
[Notices]
[Pages 51811-51813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20295]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 98-054-2]


Environmental Impact Statement Regarding Importation of 
Unmanufactured Wood Articles From Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: On July 14, 2000, a notice of availability and request for 
comments was published in the Federal Register (65 FR 43748) for a 
draft environmental impact statement titled ``Proposed Rule for the 
Importation of Unmanufactured Wood Articles From Mexico, With 
Consideration for Cumulative Impact of Methyl Bromide Use.'' The draft 
environmental impact statement considered, among other things, the 
potential cumulative impact on the environment of methyl bromide use. 
In the time since the draft environmental impact statement was 
prepared, the U.S. Environmental Protection Agency has made available 
data on methyl bromide use through 1999. After review of the data and 
the draft environmental impact statement, we have determined that it is 
not necessary to supplement the draft environmental impact statement 
before a final environmental impact statement is issued. We expect the 
final environmental impact statement to incorporate APHIS' review of 
the data on methyl bromide consumption since the publication of the 
draft.

[[Page 51812]]


DATES: We will consider all comments that we receive on or before 
September 9, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 98-054-2, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 98-054-2. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
98-054-2'' on the subject line.
    You may read any comments that we receive on the environmental 
impact statement in our reading room. The reading room is located in 
room 1141 of the USDA South Building, 14th Street and Independence 
Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 
4:30 p.m., Monday through Friday, except holidays. To be sure someone 
is there to help you, please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. David Bergsten, Biological 
Scientist, Environmental Services, PPD, APHIS, 4700 River Road Unit 
149, Riverdale, MD 20737-1238; (301) 734-8565.

SUPPLEMENTARY INFORMATION:

Background

    Methyl bromide is a broad spectrum pesticide used as a fumigant to 
control insect pests, nematodes, weeds, and pathogens. The production, 
consumption, and trade of methyl bromide are regulated under the 1987 
Montreal Protocol on Substances that Deplete the Ozone Layer (the 
Montreal Protocol) and the Clean Air Act, as amended (42 U.S.C. 7401 et 
seq.).
    The Montreal Protocol is an international treaty designed to reduce 
and eventually eliminate the emissions of man-made, ozone-depleting 
substances such as methyl bromide. The Montreal Protocol provides for a 
phaseout of methyl bromide production and consumption in developed 
countries, including the United States, by the year 2005 and in 
developing countries by the year 2015. However, the Montreal Protocol 
exempts quarantine and pre-shipment (QPS) uses of methyl bromide from 
these phaseout requirements. The Clean Air Act provides the basic 
framework to regulate air quality through air pollution control, and it 
has been amended to reflect changes in U.S. obligations under the 
Montreal Protocol.
    On July 14, 2000, a notice of availability and request for comments 
was published in the Federal Register (65 FR 43748) for a draft 
environmental impact statement (EIS) titled ``Proposed Rule for the 
Importation of Unmanufactured Wood Articles From Mexico, With 
Consideration for Cumulative Impact of Methyl Bromide Use.'' The draft 
EIS considered the potential cumulative impact on the environment of 
methyl bromide use that could result if the proposed rule was adopted 
and discussed alternatives to the proposed rule, the environmental 
consequences of methyl bromide on the environment, and the potential 
cumulative impact of methyl bromide use associated with the proposed 
rule.
    It has been nearly 2 years since the draft EIS was completed and 
made available for public comment. Since then, the U.S. Environmental 
Protection Agency (EPA) has posted on its website data on methyl 
bromide use through 1999.
    The Council on Environmental Quality's regulations for implementing 
the National Environmental Policy Act (NEPA) provide, in part, that 
agencies shall prepare a supplement to a draft or final EIS if the 
agency makes substantial changes in the proposed action that are 
relevant to environmental concerns or if there are significant new 
circumstances or information relevant to environmental concerns and 
bearing on the proposed action or its impacts (see 40 CFR 1502.9(c)). 
We have reviewed the EPA's data on methyl bromide use and found no 
significant new circumstances or information relevant to environmental 
concerns about methyl bromide. Therefore, we have determined that it is 
not necessary to supplement the draft EIS before a final EIS is issued. 
Indeed, our review indicates that the draft EIS's assessment of methyl 
bromide use patterns, now more fully documented, was realistic. A 
discussion of developments follows.
    The draft EIS relied upon reviews completed in 1998 by the United 
Nations Environment Programme (UNEP) of methyl bromide use data through 
1996. The EPA provides information on methyl bromide use as it becomes 
available. The most recent data available from the EPA present methyl 
bromide use through 1999. However, the data provided by the EPA are 
more limited than the 1996 data presented in the UNEP report. The 
information presented in the EPA tables is derived from multiple 
sources and is not consistent in numerical presentation among all 
tables. The EPA tables, however, do provide a good snapshot of annual 
changes in methyl bromide use patterns through 1999. Furthermore, the 
EPA data basically confirm estimates contained in the draft EIS, which 
assumed that current figures for use (in 1999) are slightly higher than 
those reported for 1996. These data support the draft EIS's assessment 
of methyl bromide use patterns.
    The United States, among other countries (see Article 5 of the 
Montreal Protocol), is subject to phaseout of methyl bromide by 2005, 
except for QPS uses and critical exemption uses. The United States and 
other Article 5 countries were required to reduce their non-QPS 
production of methyl bromide in 1999 by at least 25 percent from 
production levels in 1991, the base year for all calculations. Although 
the United States met its obligations, some other Article 5 countries 
exceeded their production allowances. The actual reduction in methyl 
bromide use since 1991 was about 23 percent overall for the Article 5 
countries (39,918 metric tons in 1991 to 30,741 metric tons in 1999). 
This reduction appears to be substantially in keeping with the phaseout 
goals, but the 1991 data may be misleading. The most recent figures for 
non-QPS uses by Article 5 countries shows a 2 percent increase over 3 
years (30,032 metric tons in 1996 to 30,741 metric tons in 1999).
    It is anticipated that the methyl bromide production phaseout 
requirements will ultimately reduce methyl bromide use, but the current 
patterns suggest a lag between intent to reduce and full compliance 
with the provisions of the Montreal Protocol. By 2015, most non-QPS use 
will cease and QPS use should be reduced substantially as cost-
effective alternatives are developed. It is less clear how the 
critical-use exemptions allowed under the Montreal Protocol will affect 
the overall use of methyl bromide in the future. While modest changes 
in cumulative methyl bromide use are likely to come in time, the draft 
EIS's predictions, confirmed in recent data, suggest that the overall 
trend toward reductions in use will continue.
    There is no new or additional scientific information or data that 
require reassessment of cumulative methyl bromide use or the effects of

[[Page 51813]]

such use on the quality of the human environment. Therefore, 
preparation of a supplemental draft EIS is not necessary at this time. 
We expect to issue a final EIS soon.
    We welcome comments on our determination that it is not necessary 
to supplement the draft environmental impact statement before a final 
environmental impact statement is issued.

    Done in Washington, DC, this 7th day of August 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-20295 Filed 8-8-02; 8:45 am]
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