METHYL BROMIDE
Critical Use Exemption
Technical Questions and Answers

1. What does the Montreal Protocol say about exempting critical uses from the methyl bromide phaseout?
   To address the possibility that substitutes and alternatives may not be available for all methyl bromide uses by 2005, the signatory Parties to the Montreal Protocol (the Protocol) agreed that limited production and import of methyl bromide may be permitted after January 1, 2005 for specific uses determined by the Protocol Parties to be "critical."
   
   
2. Did the Montreal Protocol establish which uses of methyl bromide might qualify as critical?
   While not specifying which uses might be critical, Decision IX/6 established criteria that the Parties will use in determining whether a certain use of methyl bromide, nominated by an individual country, could be exempted as a "critical use." Specifically,
   "(a) That a use of methyl bromide should qualify as 'critical' only if . . .
   (ii) There are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination;
   (b) That production and consumption, if any, of methyl bromide for a critical use should be permitted only if:
   (i) All technically and economically feasible steps have been taken to minimize the critical use and any associated emission of methyl bromide;
   (ii) Methyl bromide is not available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide, also bearing in mind the developing countries' need for methyl bromide;
   (iii) It is demonstrated that an appropriate effort is being made to evaluate, commercialize and secure national regulatory approval of alternatives and substitutes . . . Parties must demonstrate that research programmes are in place to develop and deploy alternatives and substitutes . . . "
   The Parties will make the above noted findings on the basis of a technical evaluation of the nominated critical use by the United Nations Environment Program's Technology and Economic Assessment Panel (TEAP). In essence, TEAP will evaluate a proposed exemption according to:
   • Availability of, as well as efforts to find, receive approval of, and market, alternatives for that particular use;
   • Efforts to minimize use and emissions; and,
   • The potential for meeting that need through banked or recycled methyl bromide.
   
   
3. What does the Clean Air Act say about critical uses of methyl bromide?
   While the 1990 Clean Air Act (CAA) did not permit a critical use exemption from the phaseout, Congress amended the CAA via Section 764 of the 1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act (Public Law No. 105-277; October 21, 1998). The new Section 604(d)(6) of the CAA states that:
   ``To the extent consistent with the Montreal Protocol, the Administrator, after notice and opportunity for public comment, and after consultation with other departments or institutions of the Federal Government having regulatory authority related to methyl bromide, including the Secretary of Agriculture, may exempt the production, importation, and consumption of methyl bromide for critical uses.''
   With this most recent amendment to the CAA, Congress authorizes EPA to provide a critical use exemption. The phrase "To the extent consistent with the Montreal Protocol" limits the exemption to specific uses which are agreed by the Protocol Parties to meet the criteria outlined in Decision IX/6.
   
   
4. When will the critical use exemption be available?
   The exemption laid out in both the CAA and the Montreal Protocol is an exemption from the 2005 phaseout. EPA plans to propose and finalize rules in the future to permit production after 2005 for those critical uses, as well as emergency uses, authorized under the Protocol. In the meantime, we will develop the details of the exemption program, including the submittal process, (who will be responsible for applying, when applications will be accepted, etc.) and the specific criteria and procedures to be used by the U.S. government in making determinations for this exemption.
   
   
5. What should I do until EPA establishes the critical use process?
   Many economically and technically feasible alternatives are appearing as the phaseout nears. Anyone interested in the exemption should focus on pursuing alternatives, and if unsuccessful, be able to demonstrate "an appropriate effort is being made to evaluate, commercialize and secure national regulatory approval of alternatives and substitutes." The additional time between now and when EPA proposes the critical use exemption process gives you the opportunity to think about how you might demonstrate your efforts to find alternatives and support the need for an exemption for your particular circumstance.
   
   More information about methyl bromide and its phaseout can be found at http://www.epa.gov/ozone/mbr or the Stratospheric Ozone Information Hotline at 1-800-296-1996.
   
   

Written by EPA's Stratospheric Protection Division

Last updated on May 15, 2000 | Visits since May 15, 2000:
http://www.epa.gov/ozone/mbr/harmoniz.html