The Environmental Protection Agency has proposed a rule to amend existing regulations that call for the phaseout of Methyl Bromide (MeBr) by the beginning of the coming year.  Methyl bromide is a fumigant, that among other things, is used for the elimination of pests in country hams.  The action by EPA seeks to strengthen "critical use" exemptions for the substance, and allow such "critical use" exemptions to continue past the current January 1, 2005 expiration date.  Methyl bromide is being phased out under the Montreal Protocol that was developed to protect the ozone layer in the atmosphere, but the treaty allows certain "critical use" exemptions for circumstances where there are no technically and economically feasible alternatives to the fumigant. 

EPA said that the exemptions for continued production and importation of methyl bromide would continue to honor the U.S. commitment to obtain for American food processors and farmers the methyl bromide they need in order to manufacture their products.  AAMP had earlier applied for a "critical use" exemption for the meat processing industry.  The rulemaking being proposed by the Environmental Protection Agency would expand the "critical use" exemptions that could be obtained under the international treaties.  "Critical use" exemptions for methyl bromide and other products are allowed by the Montreal Protocol, which the United States agreed to.

The U.S. is one of 11 countries that have been given "critical use" exemptions for methyl bromide.  The 187 countries that signed the Montreal Protocol authorized a total of 8,942 metric tons of methyl bromide to the United States for critical uses next year.  These signatory countries also established an upper limit on the amount of methyl bromide that can come from new production, and import for "critical use" exemptioins in 2005.  The parties authorized 35 percent of baseline as the maximum amount of methyl bromide available for critical uses in 2005.  A portion of this amount will be coming from inventory, and the rest from methyl bromide newly produced or imported next year.  The agreement directs each country to take into account the amount of methyl bromide in inventory that is available for critical uses before licensing new production and import for the "critical use" exemption.  The proposed rule describes the decisions and proposes a method for determining how much of the existing U.S. inventory of methyl bromide is available for critical uses.  In order to find out how much methyl bromide is being held for sale to other entities, EPA is publishing a Clean Air Act notice which requires parties holding methyl bromide to disclose how much they have.

EPA, USDA and other government agencies have made significant efforts to encourage production of alternatives to MeBr.  USDA has invested more than $150 million in MeBr alternative research, and EPA has registered new alternatives for specific crops and food sanitary uses.  EPA also has adopted a comprehensive approach to evaluating the currently registered and pending soil fumigants, including giving priority to register promising new alternatives.