Fact Sheet - The 2010 Critical Use Exemption From the Phaseout of Methyl Bromide

EPA is finalizing the list of uses that qualify for the 2010 critical use exemption from the phaseout of methyl bromide.
In addition, EPA is allocating "critical use allowances" to producers and importers of MeBr that would allow them to produce and import up to 1,956 metric tons (7.7% of the 1991 baseline) for critical uses in 2010. EPA is also distributing an additional 1,028 metric tons (4.0% 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 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. This proposed rule is consistent with Decision XX/5, which was taken at the 20th Meeting of the Parties in November 2008.
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."

For further information about this action, contact Jeremy Arling of EPA’s Office of Atmospheric Programs at (202) 343-9055.