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Methyl Bromide Critical Use Exemption Program

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Methyl Bromide Critical Use Exemption Program. Marta Montoro, US EPA/Office of ... USDA/ARS NP 308 Methyl Bromide Assessment & Customer Workshop. February 28, ... – PowerPoint PPT presentation

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Title: Methyl Bromide Critical Use Exemption Program


1
Methyl Bromide Critical Use Exemption Program
  • Marta Montoro, US EPA/Office of Atmospheric
    Programs
  • USDA/ARS NP 308 Methyl Bromide Assessment
    Customer Workshop
  • February 28, 2006
  • Monterey, CA

2
Overview of Presentation
  • Methyl Bromide (MeBr) Critical Use Exemption
    (CUE) Background
  • CUE Program Implementation
  • CUE Regulatory Process
  • Conclusions

3
Background CUE and MeBr Phaseout
  • 1990 Clean Air Act (CAA) required MeBr phaseout
    in 2001, no exemptions
  • U.S. pushed for schedule to match Montreal
    Protocol (2005)
  • 1998 CAA Amendment aligned U.S., Protocol
  • 25 in 1999
  • 50 in 2001
  • 75 in 2003
  • 100 in 2005 (with allowable exemptions such as
    CUEs, Quarantine Preshipment)
  • 2015 phaseout date for developing countries (some
    countries have accelerated the phaseout)

4
Steps in Implementing CUE Process
  • EPA solicits CUE applications from MeBr users
    through a Federal Register notice
  • EPA conducts technical economic review of
    applications
  • U.S. govt. develops Critical Use Nomination (CUN)
  • State Dept. submits CUN to Ozone Secretariat
  • Forwarded to Technology and Economic Assessment
    Panel (TEAP) subsidiary body, Methyl Bromide
    Technical Options Committee (MBTOC)
  • MBTOC reviews CUNs (2nd technical review, after
    EPA), provides recommendations to Parties
  • Parties authorize exemptions in consensus-based
    fashion
  • EPA conducts allocation Notice and Comment
    Rulemaking

5
CUE Implementation Contd.
  • All applications are carefully reviewed and
    assessed by EPA experts
  • Technical analysis (pest pressure, effective
    alternatives, etc.)
  • Economic analysis (yield losses, operating costs,
    etc.)
  • The annual CUN is calculated on behalf of all
    U.S. critical users
  • MBTOC now requires specific information on
    certain sectors during their review process in
    order to make recommendations

6
CUE Requests Granted
7
Regulatory Process
  • EPA regulations typically require 12-18 months to
    become effective
  • Sample Notice of Proposed Rulemaking (NPRM)
    Process
  • EPA Inter-Office Work Group concurrence required
    for significant actions
  • Inter-Agency agreement required for MeBr rules,
    to ensure USDA, Dept. of State collaboration
  • Office of Management Budget (OMB) review--up to
    90 days
  • Package routed for signature publication
  • Public Comment period (30-60 days)
  • Process repeated for Final Rules (except Public
    Comment)
  • MeBr CUE regulations have all required expedited
    scheduling

8
CUE Allocation
  • Amount of overall total quantity allocation
    authorized by EPA mirrors Decisions taken by
    Parties
  • The Parties authorize most of the CUE from new
    production, with the difference taken from
    pre-phaseout existing inventory
  • Critical Use Allowances (CUAs)
  • Critical Stock Allowances (CSAs)
  • More flexible option (universal cap) preferred
    during Allocation Framework NPRM comment period
    (as opposed to sector-specific allocation)
  • Pre-plant cap (CUAs)
  • Post-harvest cap (CUAs)
  • CSAs are unrestricted

9
Regulatory Process contd.
ACTION AUTHORIZATION BY PARTIES DATE FINAL PUBLICATION
Allocation Framework/ 2005 CUEs 1st Ex-MOP Mar. 2004 Dec. 23, 2004
2005 Supplemental 16th MOP Nov. 2004 Dec. 13, 2005 (Direct Final pub. Aug. 30)
2006 CUEs 16th MOP Nov. 2004 2nd Ex-MOP July 2005 Feb. 6, 2006
2007 CUEs 17th MOP Dec. 2005 TBD (no delays expected)
10
Conclusions
  • U.S. CUE process very successful thus far 90 of
    all U.S. requests granted for 2005-07 calendar
    years
  • Future CUE authorizations from the Parties will
    continue to depend on robust nominations,
    research, and transition plans for alternatives
  • EPA does not expect any delays in promulgating
    the 2007 CUE rule because all authorizations were
    granted 1 full year in advance
  • Thank you to USDA and CUE applicants for your
    continued support and hard work!
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