Critical Use Exemption Information

Critical use exemptions (CUEs) are permitted under Section 604(d) of theClean Air Act and the Montreal Protocol on Substances that Deplete the OzoneLayer (Protocol).

Under Decision IX/6 of the Protocol “a use of methyl bromide should qualify as ‘critical’ only if the nominating Party determines that:

(i) The specific use is critical because the lack of availability of methyl bromide for that use would result in a significant market disruption; and

(ii) there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and public health and are suitable to the crops and circumstances of the nomination.”

Each year, EPA solicits applications for CUEs from methyl bromide users. The U.S. Government, after reviewing the applications, seeks authorization for those uses from the Parties to the Montreal Protocol. Once the Parties authorize critical uses and an amount of methyl bromide for those critical uses, EPA publishes a rule allowing for the production of critical use methyl bromide. On December 23, 2004 (69 FR 76982), EPA published a rule establishing the framework for allocating critical use exemptions. Each round takes up to 3 years.

The most recent list of critical uses can be found here. This list is contained in the 2008 Critical Use Exemption rule.

You will need Adobe Acrobat Reader, available as afree download, to view some of the files on this page. See EPA's PDF page to learn moreabout PDF, and for a link to the free Acrobat Reader.

Round 7

EPA is currently accepting applications for the 2011 calendar year, as well as for thosewishing to submit supplemental requests for the 2010 calendar year.

2008 Re-application Guidance
2008 Application for Critical Use Exemption of Methyl Bromide for Pre Plant Use (XLS, 683K) or (Word, 1 MB) or (PDF, 448K)
2008 Application for Critical Use Exemption of Methyl Bromide for Post Harvest Use (XLS, 576K) or (Word, 832K) or (PDF, 384K)

Round 6

These applications are for the 2010 calendar year, as well as for thosewishing to submit supplemental requests for the 2009 calendar year.

2010 Critical Use Exemption Nominationsfrom the Phaseout of Methyl Bromide

Round 5

These applications are for the 2009 calendar year, as well as for thosewishing to submit supplemental requests for the 2008 calendar year.

2009 Critical Use Exemption Nominationsfrom the Phaseout of Methyl Bromide

Round 4

These applications are for the 2008 calendar year, as well as for thosewishing to submit supplemental requests for the 2007 calendar year.

2008 Critical Use Exemption Nominationsfrom the Phaseout of Methyl Bromide

Noticeof Proposed Rulemaking: The 2008 Critical Use Exemption from the Phaseout ofMethyl Bromide

(9/19/07): Transcript of the Public Hearing on theProposed 2008 Methyl Bromide Critical Use Exemption Rule (PDF) (65 pp,91K).

(12/28/07): Final Rule: The 2008 Critical UseExemption from the Phaseout of Methyl Bromide (PDF) (36 pp, 401K).

Round 3

These applications are for the 2007 calendar year, as well as for thosewishing to submit supplemental requests for the 2006 calendar year.

2007 Critical Use Exemption Nominationsfrom the Phaseout of Methyl Bromide.

Noticeof Proposed Rulemaking: The 2007 Critical Use Exemption from the Phaseout ofMethyl Bromide

FinalRule: The 2007 Critical Use Exemption from the Phaseout of MethylBromide

Round 2

These applications are for the 2006 calendar year, as well as for thosewishing to submit supplemental requests for the 2005 calendar year.

2006 Critical Use Exemption Nominationsfrom the Phaseout of Methyl Bromide.

Noticeof Proposed Rulemaking: The 2006 Critical Use Exemption from the Phaseout ofMethyl Bromide

FinalRule: The 2006 Critical Use Exemption from the Phaseout of MethylBromide

Round 1

These applications are for the 2005 calendar year.

United States Nomination for CriticalUse Exemptions from the 2005 Phaseout of Methyl Bromide (PDF) (14 pp,201K)

Notice of Proposed Rulemaking: The 2005Critical Use Exemption from the Phaseout of Methyl Bromide (PDF) (38 pp,561K)

Final Rule: The 2005 Critical Use Exemptionfrom the Phaseout of Methyl Bromide (PDF) (29 pp, 209K)

Solicitation of Applications for the 2005Critical Use Exemption from the Phaseout of Methyl Bromide