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EPA Proposes 2012 Critical Use Exemptions for Methyl Bromide

The Environmental Protection Agency has issued a proposed rule on uses that qualify for the 2012 critical use exemption for methyl bromide as well as the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2012. Comments are due by November 21, 2011.

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Proposed Critical Uses for 2012 Include Commodities, Dried Cured Pork, Etc.

The proposed critical uses for 2012 are for commodities; national pest management association food processing structures; mills and processors; dried cured pork; cucurbits; eggplant-field; forest nursery seedlings; nursery stock-fruits, nuts, flowers; orchard replants; ornamentals; peppers-field; strawberry-field; strawberry runners; tomatoes-field; and sweet potato slips.

Phased out in 2005 Except for Critical Use & Quarantine (WPM) Exemptions

Methyl bromide was once widely used as a fumigant but is now controlled under the Clean Air Act as a Class I ozone-depleting substance, and its consumption (production plus imports minus exports) and production were phased out on January 1, 2005, apart from allowable exemptions such as:

  • the critical use exemption (which is issued yearly), and
  • the quarantine and preshipment exemption that has been in place since 2001 for applications such as fumigation of wood packaging material (WPM).

(International Standard for Phytosanitary Measures (ISPM) 15 "Guidelines for Regulating Wood Packaging Material in International Trade" requires regulated WPM to be either heat treated or fumigated with methyl bromide and marked with the approved International Plant Protection Convention (IPPC) symbol and specific control numbers certifying treatment. See ITT’s Online Archives 11101601 for most recent summary on ISPM 15 in which IPPC seeks comments on allowing Dielectric Heat as a third WPM treatment option.)

EPA contact -- Jeremy Arling (202) 343--9055

(FR Pub 10/20/11, D/N EPA--HQ--OAR--2009--0277)