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Critical Use Exemption Information
Critical use exemptions (CUEs) are permitted under Section 604(d) of the Clean Air Act and the Montreal Protocol on Substances that Deplete the Ozone Layer (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.”
On December 23, 2004 (69 FR 76982), EPA published a rule establishing the framework for allocating critical use exemptions (28 pp, 276 KB).
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. Each round takes up to 3 years.
The following table details for each year the total amount of methyl bromide the U.S. government nominated for critical use and the amount approved by the Parties to the Montreal Protocol.
2005-2013 Critical Use Exemption Authorizations
| Calendar Year | Amount Nominated (percent of baseline) |
Amount Authorized (percent of baseline) |
|---|---|---|
| 2005 | 39 | 37 |
| 2006 | 35 |
32 |
| 2007 | 29 | 26 |
| 2008 | 23 | 21 |
| 2009 | 19.5 | 16.7 |
| 2010 | 13.4 | 12.7 |
| 2011 | 9.4 | 8.1 |
| 2012 | 4.6 | 4.0 |
| 2013 | 2.5 | 2.2 |
| 2014 | 1.7 | To be determined November 2012 |