FEBRUARY 6, 2006

ISSUE 1101

EPA AUTHORIZES ALLOCATION RULE FOR 2006 METHYL BROMIDE CUEs

In accordance with the Clean Air Act and Montreal Protocol, EPA announced Thursday (February 2) that it had taken final action to exempt methyl bromide production and import for 2006 critical uses. The agency has published the allocation rule authorizing uses that will qualify for 2006 critical use exemptions (CUEs), and the amount of methyl bromide that may be produced, imported or made available from inventory for those uses during calendar year 2006.

This action reflects consensus decisions made by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the 16th and 17th Meeting of the Parties and the 2nd Extraordinary Meeting of the Parties. Those potentially regulated by this rule are those associated with the production, import, export, sale, application and use of methyl bromide covered by an approved CUE.

The action authorizes 8,081,753 kilograms of methyl bromide for approved critical uses during 2006. This amount totals 31.66 percent of U.S. 1991 baseline consumption levels. Included in the authorized uses are Florida strawberries, tomatoes, peppers, eggplant and certain specific ornamentals.

Critical use exemptions are granted under the Montreal Protocol for circumstances where there are no technically and economically feasible alternatives to methyl bromide. Further, the Clean Air Act Amendments of 1990 directs the EPA to issue regulations to implement the provisions of the Montreal Protocol within the United States.

For 2007, the U.S. nominated 29 percent of baseline, and a total of 26.4 percent was authorized. EPA is beginning the notice-and-comment rulemaking process for the 2007 calendar year.

For more information on the final rule, visit: http://www.epa.gov/ozone/mbr.