Fact Sheet - The 2008 Critical Use Exemption From the Phaseout of Methyl Bromide

On December 28, 2007, EPA created an exemption to the phaseout of methyl bromide production and import for 2007 critical uses. Specifically, EPA established the uses that will qualify for the 2008 critical use exemption, and the amount of methyl bromide that may be produced, imported, or made available from pre-phaseout inventory for those uses in 2008.
EPA is granting "critical use allowances" to producers and importers of MeBr that would allow them to produce and import up to 3,083,763 kilograms (12.1% of the 1991 baseline) for critical uses in 2008. In addition, EPA is distributing an additional 1,729,689 kg (6.8% of baseline) worth of "critical stock allowances" to producers, importers, and distributers that would allow the holder to sell MeBr to critical uses from stocks that were manufactured/imported before January 1, 2005.
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 agree have no technically or economically feasible alternatives. The framework for critical use exemptions was created on December 23, 2004 (69 FR 76982).

Methyl bromide, an odorless, colorless gas, is used to control a variety of pests in many different situations. It is heavily used by growers of minor crops, such as tomatoes and strawberries, to fumigate the soil prior to planting.
EPA promulgates separate rules on an annual basis to provide notice and comment on the amount of methyl bromide to be made available for specifically identified critical uses during each calendar year. These rules follow annual Decisions by the Parties to the Montreal Protocol. Parties approved critical uses for the 2008 calendar year in Decision XVIII/13 at the 18th Meeting of the Parties in October, 2006.
Today's action affects regulations that govern the production, import, and export of methyl bromide, an ozone-depleting substance, under the authority of Title VI of the CAA and in accordance with U.S. obligations under the Montreal Protocol. This rule amends EPA regulations under the authority 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 to them [the Parties to the Montreal Protocol] to be critical uses."