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.
2005-2014 Critical Use Exemption Authorizations
|Calendar Year||Amount Nominated
(percent of baseline)
(percent of baseline)
|2015||1.5||To be determined October 2013|
The most recent list of critical uses can be found here. This list is contained in the 2013 Critical Use Exemption rule.
You will need Adobe Acrobat Reader, available as a free download, to view some of the files on this page. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.
Round 12 (2016 calendar year)
EPA is now accepting applications for the 2016 critical use exemption until August 29. Please use the forms below to apply.
- Federal Register Notice soliciting applications for the 2016 control period
- Pre-plant Application Forms: PDF (320 kb); Word (755 kb); Excel (715 kb)
- Post-harvest Application Forms: PDF (242 kb); Word (635 kb); Excel (593 kb)
- Schedule for the U.S. Government Process of Review and Consideration of Potential 2016 Critical Use Nomination: PDF (220 kb)
Round 11 (2015 calendar year)
- Schedule for the U.S. Government Process of Review and Consideration of Potential 2015 Critical Use Nomination: PDF (241 kb)
- 2015 Critical Use Exemption Nominations
- EPA Analysis of 2015 Critical Use Exemption Applications: PDF (597 kb)
Round 10 (2014 calendar year)
Round 9 (2013 calendar year)
Round 8 (2012 calendar year)
Round 7 (2011 calendar year)
Round 6 (2010 calendar year)
Round 5 (2009 calendar year)
- 2009 Critical Use Exemption Nominations
- Transcript of the Public Hearing on the Proposed Rule (PDF) (11 pp, 47 KB)
- Final Rule (PDF) (23 pp, 263 KB)
Round 4 (2008 calendar year)
- 2008 Critical Use Exemption Nominations
- Transcript of the Public Hearing on the Proposed Rule (PDF) (65 pp, 91 KB).
- Final Rule (PDF) (35 pp, 304 KB).
Round 3 (2007 calendar year)
- 2007 Critical Use Exemption Nominations
- Transcript of the Public Hearing on the Proposed Rule
- Final Rule (PDF) (21 pp, 251 KB)