SEPTEMBER 5, 2005

ISSUE 1079

 
EPA PUBLISHES RULE ON SUPPLEMENTAL 2005 CUE
 
The August 30 Federal Register contained two documents related to the supplemental quantities of methyl bromide for critical uses approved at the 16th Meeting of the Parties to the Montreal Protocol in Prague in November 2004. These quantities were approved as supplemental amounts to the already allocated 2005 CUE amounts from the earlier Extraordinary Meeting of the Parties held in Montreal in March 2004. While no additional new "consumption or production" was approved, the additional 2.4 percent of the 1991 baseline was designated as "Critical" and can be drawn from "Critical Stock Allowances" from existing stocks.
 
The supplemental quantities included the approved amounts for research purposes for several crops, as well as significant amounts approved for use on eggplants in Michigan, strawberries in California, peppers in Michigan, tomatoes in California, and California and Florida cut flowers and ornamentals. There were several post-harvest uses approved as well.
 
The first document was a Direct Final Rule that will become effective on October 31, 2005 if no adverse comments are received by September 29, 2005 or October 15, 2005 if a hearing is requested. If a hearing is requested, it will be held on September 14, 2005. The second document is a notice of proposed rulemaking that covers the same allocation amounts and process. The proposed rulemaking document will be withdrawn if no adverse comments are received relative to the Direct Final Rule published on the same date.
 
It is critically important that crops in the sectors identified in the Supplemental Rule that have already purchased and used methyl bromide from existing stocks that would have qualified under this Rule during the entire Control Period (January 1, 2005 through December 31, 2005) track those quantities as if they were purchased from "Critical Stock Allowances" or "Critical Use Allowances". This is also important for those researchers who purchased material for trial work in tomato, pepper, strawberry and eggplant anytime during the 2005 calendar year.
 
For further information or copies of the Federal Register notice, please contact the Environmental & Pest Management Division.