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Critical Use Exemption Information
Critical use exemptions (CUEs) are permitted under Section 604(d) of the Clean Air Act and the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol).
Under Decision IX/6 of the Protocol “a use of methyl bromide should qualify as ‘critical’ only if the nominating Party determines that:
(i) The specific use is critical because the lack of availability of methyl bromide for that use would result in a significant market disruption; and
(ii) there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and public health and are suitable to the crops and circumstances of the nomination.”
Each year, EPA solicits applications for CUEs from methyl bromide users. The U.S. Government, after reviewing the applications, seeks authorization for those uses from the Parties to the Montreal Protocol. Once the Parties authorize critical uses and an amount of methyl bromide for those critical uses, EPA publishes a rule allowing for the production of critical use methyl bromide. On December 23, 2004 (69 FR 76982), EPA published a rule establishing the framework for allocating critical use exemptions. Each round takes up to 3 years.
The most recent list of critical uses can be found here. This list is contained in the 2009 Critical Use Exemption rule.
You will need Adobe Acrobat Reader, available as a free download, to view some of the files on this page. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.
Round 8 (2012 calendar year)
EPA is accepting applications for the 2012 calendar year, as well as supplemental requests for the 2011 calendar year. Applications are due by August 24, 2009.
- Re-application Guidance
- Application for Critical Use Exemption of Methyl Bromide for Pre Plant Use (XLS, 790K) or (Word, 1 MB) or (PDF, 432K)
- Application for Critical Use Exemption of Methyl Bromide for Post Harvest Use (XLS, 671K) or (Word, 823K) or (PDF, 378K)
Round 7 (2011 calendar year)
Round 6 (2010 calendar year)
Round 5 (2009 calendar year)
- 2009 Critical Use Exemption Nominations from the Phaseout of Methyl Bromide
- Notice of Proposed Rulemaking: The 2009 Critical Use Exemption from the Phaseout of Methyl Bromide (PDF) (20 pp, 275 kb)
- Transcript of the Public Hearing on the Proposed 2009 Methyl Bromide Critical Use Exemption Rule (PDF) (11 pp, 47K)
- (4/24/09):Final Rule: The 2009 Critical Use Exemption from the Phaseout of Methyl Bromide (PDF) (23 pp, 442K)
Round 4 (2008 calendar year)
- 2008 Critical Use Exemption Nominations from the Phaseout of Methyl Bromide
- Notice of Proposed Rulemaking: The 2008 Critical Use Exemption from the Phaseout of Methyl Bromide
- Transcript of the Public Hearing on the Proposed 2008 Methyl Bromide Critical Use Exemption Rule (PDF) (65 pp, 91K).
- Final Rule: The 2008 Critical Use Exemption from the Phaseout of Methyl Bromide (PDF) (36 pp, 401K).
Round 3 (2007 calendar year)
- 2007 Critical Use Exemption Nominations from the Phaseout of Methyl Bromide
- Notice of Proposed Rulemaking: The 2007 Critical Use Exemption from the Phaseout of Methyl Bromide
- Transcript of the Public Hearing on the Proposed 2007 Methyl Bromide Critical Use Exemption Rule
- Final Rule: The 2007 Critical Use Exemption from the Phaseout of Methyl Bromide
Round 2 (2006 calendar year)
- 2006 Critical Use Exemption Nominations from the Phaseout of Methyl Bromide
- Notice of Proposed Rulemaking: The 2006 Critical Use Exemption from the Phaseout of Methyl Bromide
- Final Rule: The 2006 Critical Use Exemption from the Phaseout of Methyl Bromide
Round 1 (2005 calendar year)
- Solicitation of Applications for the 2005 Critical Use Exemption from the Phaseout of Methyl Bromide
- United States Nomination for Critical Use Exemptions from the 2005 Phaseout of Methyl Bromide (PDF) (14 pp, 201K)
- Notice of Proposed Rulemaking: The 2005 Critical Use Exemption from the Phaseout of Methyl Bromide (PDF) (38 pp,561K)
- Final Rule: The 2005 Critical Use Exemption from the Phaseout of Methyl Bromide (PDF) (29 pp, 209K)