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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.”

On December 23, 2004 (69 FR 76982), EPA published a rule establishing the framework for allocating critical use exemptions (28 pp, 276 KB).

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. Each round takes up to 3 years.

The following table details for each year the total amount of methyl bromide the U.S. government nominated for critical use and the amount approved by the Parties to the Montreal Protocol.

 2005-2013 Critical Use Exemption Authorizations

Calendar Year Amount Nominated
(percent of baseline)		 Amount Authorized
(percent of baseline)
2005 39 37
2006
35
 32
2007 29 26
2008 23 21
2009 19.5 16.7
2010 13.4 12.7
2011 9.4 8.1
2012 4.6 4.0
2013 2.5 2.2
2014 1.7 To be determined November 2012

 

The most recent list of critical uses can be found here. This list is contained in the 2012 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 11 (2015 calendar year)

EPA has extended the application period for the 2015 Critical Use Exemption. Applications are now due August 29, 2012.

Round 10 (2014 calendar year)

Round 9 (2013 calendar year)

Round 8 (2012 calendar year)

Round 7 (2011 calendar year)

Round 6 (2010 calendar year)

Round 5 (2009 calendar year)

Round 4 (2008 calendar year)

Round 3 (2007 calendar year)

Round 2 (2006 calendar year)

Round 1 (2005 calendar year)

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