IBR standards will become out of date.
Bremer 12 – Professor of Law at the University of Notre Dame, J.D. from New York University.
Emily S. Bremer, “Standards, Regulations and Incorporation by Reference,” ASTM International, https://sn.astm.org/first-person/standards-regulations-and-incorporation-reference-nd12.html#:~:text=Recommendation%202011%2D5%20urges%20a,and%20to%20other%20interested%20parties.
Updating is a challenge: When a new version of a standard becomes available, an agency must conduct a notice-and-comment rulemaking to update its regulation accordingly. Some agencies, particularly those required to observe heightened procedural requirements in rulemaking, are not able to invest the time and resources necessary to keep regulations up to date. This has the potential to endanger the public interest because it prevents agencies from using the most technically advanced standards available.