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Fact Sheet - Final Rule to Authorize Critical Use Exemptions of Methyl
Bromide for the 2005 Supplemental Request
- On November 28, 2005, the Environmental
Protection Agency (EPA) authorized 610,655 kilograms
of methyl bromide for supplemental critical uses in
2005 through the allocation of critical stock
allowances (CSAs). This amount totals 2.5 percent of
the 1991 baseline consumption. This is a
- On August 30, 2005, EPA published a direct final
rule and concurrent proposal to make supplemental
allowances available for critical uses in 2005 (70 FR
51270) but withdrew the direct final rule on October
18, 2005 after receiving adverse comments (70 FR
60443). In today's rule, the Agency has
addressed those comments and is making the allowances
available to the regulated community.
- This allocation supplements the critical use
allowances (CUAs) and CSAs previously allocated for
2005, as published in the
Federal Register on December 23, 2004 (69 FR
76982). That regulation established a framework for
the critical use exemption.
- Critical use exemptions may be available for
those uses of methyl bromide that the Parties to the
Montreal Protocol on Substances that Deplete the
Ozone Layer (Protocol) agree have no technically
and economically feasible alternatives.
- Under the critical use exemption framework, end
users of methyl bromide that meet the specified
criteria of critical users would be able to purchase
methyl bromide from their normal supplier but would
certify, under penalty of law, that they are approved
- Methyl bromide, an odorless, colorless gas, is
used to control a variety of pests in many different
situations. It is heavily used by farmers of minor
crops such as tomatoes and strawberries.
- The Clean Air Act Amendments of 1990 direct the
Environmental Protection Agency (EPA) to issue
regulations to implement the provisions of the
Montreal Protocol within the United States.
Accordingly, EPA developed a scheme of production and
consumption controls relative to substances addressed
by the Protocol. The current regulatory requirements
of the Stratospheric Ozone Protection Program
implement the provisions of the Protocol and the
Clean Air Act (CAA) by limiting the production and
consumption of ozone-depleting substances. These
regulatory requirements are codified at Subpart A to
Part 82 of Volume 40 of the Code of Federal
Regulations (40 CFR Part 82, Subpart A).
- The action will modify regulations that govern
the production, import, and export of methyl bromide,
a powerful ozone depleting substance, under the
authority of Title VI of the CAA and in accordance
with U.S. obligations under the Protocol.
Specifically, the rule amends the EPA regulations
under the authority of Section 604(d)(6) of the CAA
to create critical use exemptions, in accordance with
Article 2H paragraph 5 of the Montreal Protocol,
"to permit the level of production or
consumption that is necessary to satisfy uses agreed
by them [the Parties to the Montreal Protocol] to be
- EPA held six stakeholder meetings during 2003 in
order to get feedback from the public on ways to
design and implement the critical use exemption
program for methyl bromide.
2005 Control Period: In May 2002,
EPA published a
Federal Register notice requesting
applications from end users of methyl bromide who
believed they had no technically and economically
feasible alternatives available to them. EPA reviewed
these applications during September-December 2002 and
created a nomination of critical uses which was then
submitted, in 2003, to the Montreal Protocol's
Ozone Secretariat. The Secretariat sent nominations
from more than a dozen countries that are seeking
critical use exemptions to the Methyl Bromide
Technical Options Committee (MBTOC). The MBTOC is an
international technical body that advises the Parties
to the Montreal Protocol. The Parties authorized
exemptions for critical uses drawing on the
recommendations of the MBTOC in March 2004. These
exemptions were authorized by EPA on December 23,
2004, for consumption during the 2005 control
2006 Control Period: In May 2003,
EPA published a second Federal Register notice
requesting applications for the 2006 control period.
After evaluating these applications, EPA created a
second nomination that was submitted to the
Protocol's Ozone Secretariat in February 2004.
These exemptions were authorized by the Parties at
their 16th Meeting in November 2004 and their Second
Extraordinary Meeting in July 2005.
- In some cases the sector consortia did not file
an application in 2002 but instead did so in 2003. In
other cases, the sector consortia submitted
additional data to EPA in 2003. Lastly, some sectors
were incorrectly characterized in the first
nomination, so EPA amended the sector chapters and
the amounts of requests in the form of the 2005
supplemental request. The supplemental requests
underwent a rigorous review process. This request
amounts to 2.5% of 1991 baseline consumption.
- The supplemental request was authorized by the
Parties to the Protocol at their 16th Meeting in
Prague, Czech Republic, in November 2004.
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