Fact Sheet - The 2011 Critical Use Exemption From the Phaseout of Methyl Bromide

Under the Clean Air Act and the Montreal Protocol on Substances that Deplete the Ozone Layer, methyl bromide consumption and production were phased out on January 1, 2005, apart from allowable exemptions. Critical use exemptions may be available for those uses of methyl bromide that the Parties to the Protocol agree have no technically or economically feasible alternatives. The framework for critical use exemptions was created on December 23, 2004 (69 FR 76982).
With this action, EPA is allocating allowances authorizing the production, import, or use from inventory for those critical uses in 2011. The amount of new production and import is 1,500 metric tons, and the amount from the pre-phaseout inventory is 555 metric tons. In total, this rule allocates 8% of the methyl bromide baseline, which was the amount used in the U.S. in 1991.
The EPA is also authorizing uses that qualify for the 2011 critical use exemption. This rule removes the following uses from the list of authorized critical uses: an ornamental grower in New York; Michigan growers of cucurbits, eggplants, ornamentals, tomatoes and peppers; and members of the Western Raspberry Nursery Consortium in Washington.

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. It is also used to fumigate commodities such as dried fruit in storage after harvest.
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 XXI/11, which was taken at the 21st Meeting of the Parties in November 2009.

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