EPA is allowing up to 1,283,214 kilograms of methyl bromide from,inventories stockpiled before the phaseout date of January 1, 2005 to,be sold for approved critical uses.

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Multi-D News EPA is allowing up to 1,283,214 kilograms of methyl bromide from,inventories stockpiled before the phaseout date of January 1, 2005 to,be sold for approved critical uses.

 

snipTechnology Complements Methyl Bromide Alternative By Jim CoreJanuary 21, 2005 A new type of plastic cover that helps stop chemical soil fumigants from escaping into the atmosphere could provide a timely alternative for farmers facing a ban on methyl bromide, according to Agricultural Research Service scientists.http://www.ars.usda.gov/News/docs.htm?docid=1261======================Protection of Stratospheric Ozone: Process for Exempting Critical Uses >From the Phaseout of Methyl BromideFederal Register: December 23, 2004 (Volume 69, Number 246)][Rules and Regulations][Page 76981-77009]>From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr23de04-17][[Page 76982]]AGENCY: Environmental Protection Agency (EPA).ACTION: Final rule.SUMMARY: EPA is taking final action to exempt production and import of methyl bromide for critical uses from the accelerated phaseout regulations that govern the production, import, export, transformation and destruction of substances that deplete the ozone layer under the authority of the Clean Air Act (CAA). Today's amendments establish the framework for an exemption permitted under the Montreal Protocol on Substances That Deplete the Ozone Layer (Protocol) and the CAA and specify the amount of methyl bromide that may be supplied in 2005 from available stocks and new production and consumption to meet approved critical uses. In addition, this action establishes the list of critical uses approved by EPA for 2005.DATES: Effective This final rule is effective on January 1, 2005.ADDRESSES: EPA has established a docket for this action under Docket ID No. OAR-2003-0230. All documents in the docket are listed in the EDOCKET index at http://www.epa.gov/edocket. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or in hard copy at the Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742.FOR FURTHER INFORMATION CONTACT: Hodayah Finman, U.S. Environmental Protection Agency, Office of Air and Radiation, Stratospheric Protection Division (6205J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 343-9246; fax numbers: (202) 343-2338; finman.hodayah. You may also visit the EPA's Ozone Depletion Web site at http://www.epa.gov/ozone for further information about EPA's Stratospheric Ozone Protection regulations, the science of ozone layer depletion, and other related topics.SUPPLEMENTARY INFORMATION: This final rule concerns CAA restrictions on the consumption, production and on the use of methyl bromide (class I, Group VI controlled substance) for critical uses after the phaseout date of January 1, 2005. Under the CAA, methyl bromide consumption and production will be phased out on January 1, 2005 apart from allowable exemptions, namely the critical use exemption and the existing quarantine and pre-shipment exemption. With today's action, EPA is establishing a framework for how the critical use exemption will operate as well as specific amounts of methyl bromide to be made available for approved critical uses in 2005. Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C., Chapter 5, generally provides that rules may not take effect earlier than 30 days after they are published in the Federal Register. Today's final rule is issued under section 307(d) of the CAA, which states: ``The provisions of section 553 through 557 * * * of Title 5 shall not, except as expressly provided in this subsection, apply to actions to which this subsection applies.'' CAA Section 307(d)(1). Thus, section 553(d) of the APA does not apply to this rule. EPA nevertheless is acting consistently with the policies underlying APA section 553(d) in making this rule effective January 1, 2005. APA section 553(d) provides an exception for any action that grants or recognizes an exemption or relieves a restriction. Today's final rule grants an exemption from the phaseout of production and import of methyl bromide for critical uses. Because the complete phaseout takes effect January 1, 2005, EPA is making this exemption effective on the same date to ensure the availability of methyl bromide for critical uses.snip----B. Amount From Stocks EPA is allowing up to 1,283,214 kilograms of methyl bromide from inventories stockpiled before the phaseout date of January 1, 2005 to be sold for approved critical uses. In evaluating the issue of the amount of the critical use level for 2005 that should be met from stocks,snip----EPA believes that section 604(d)(6) mandates this result. In section 604(d)(6), Congress provided EPA authority to exempt production and import of methyl bromide for critical uses, but only ``to the extent consistent with the Protocol.'' The use restrictions in today's final rule are necessary to ensure that total usage for critical uses does not exceed the limit agreed to by the Parties in implementing the critical use provision in Article 2H of the Protocol. The relationship between sections 604(d)(6) and 614(b) of the CAA and the Protocol and its Decisions is discussed in detail in the NPRM and in the background section of this preamble. The commenters further argue that EPA cannot rely on Decision Ex I/ 3 to justify restrictions on use of stocks. They state that while Decisions may be used to interpret existing requirements in the Protocol, they cannot be used to substantively change those requirements. However, EPA is not suggesting that Decision Ex I/3 substantively changed the requirements of Article 2H. Article 2H establishes a prohibition on the production and consumption of methyl bromide, but states that the prohibition shall not apply ``to the extent the Parties decide to permit the level of production and consumption that is necessary to satisfy uses agreed by them to be critical uses.'' The Parties have not interpreted Article 2H in the manner the commenters assert. Instead, they understood the language referring to ``uses agreed by them to be critical uses'' to allow the Parties to tie the determinations of production and consumption to use. Under international law, this interpretation and practice of the Parties may, in the current situation, be read to be an accurate interpretation of Article 2H's language. Although Decision Ex. I/3 focuses on regulating production and consumption, the Parties could reasonably set related conditions on agreeing to production and consumption at a particular level. Therefore, the stock restrictions are an integral part of the Parties' decision regarding the level of production and consumption necessary to satisfy critical uses. The commenters further characterize the restrictions on access to stocks proposed in the NPRM as ``an attempt by the Agency to bypass the Treaty Clause of the U.S. Constitution by unilaterally amending the Montreal Protocol through a rulemaking, without the advice and consent of the Senate.'' EPA rejects this characterization. Article 2H explicitly assigns to the Parties the task of deciding what level of production and consumption ``is necessary to satisfy uses agreed by them to be critical uses * * *.'' Therefore, EPA looks to the Parties' Decisions to provide the details of the exemption authorized in Article 2H. In Decision Ex I/3, the Parties decided what level of production and consumption was necessary given certain assumptions about stocks. Accordingly, in compliance with Article 2H, this final rule addresses both production and consumption and the use of stocks. snip------D. Cap on Critical Use Methyl Bromide Based on the EPA's assessment of the technical and economic feasibility of alternatives and the potential for a significant market disruption if methyl bromide were not available for the uses listed in Appendix L, and the lack of any new information that would change EPA's assessment, EPA is establishing the following amounts of methyl bromide as critical use methyl bromide available only for approved critical uses as described in section V.H of this preamble for the control period of the year of 2005. With today's action, EPA is finalizing a determination that 8,942,214 kgs of methyl bromide are required to satisfy critical uses for 2005. EPA intends to address supplemental and new CUE allocations in a subsequent rulemaking following the 16th Meeting of the Parties to the Montreal Protocol. EPA is authorizing the full amount of new production/import allowable under Decision Ex I/3, a total of 7,659,000 kgs, and is authorizing those entities that hold inventories of methyl bromide to sell 1,283,214 kgs for approved critical uses during 2005.snip-------In today's rulemaking, EPA is establishing two types of critical use allowances (CUAs) for the production/import of methyl bromide: CUAs for pre-plant soil uses and CUAs for post-harvest and structural uses. The portion of the critical use methyl bromide supplies obtained from available stocks, however, will be allocated as a universal cap as proposed. EPA did not receive any adverse comment on the proposal to make the quantities from stocks available in a universal fashion. snip-------The 2007 CUAs will reflect any unused critical use methyl bromide from 2005 and so forth. For the year 2006, this will result in no reductions made; however all years after 2006 will experience a reduction should there be any unused critical use methyl bromide. All pre-plant critical use methyl bromide from 2005 would remain pre-plant critical use methyl bromide in 2006 available for all 2006 pre-plant approved critical uses, subject to any adjustments that may be described in the 2006 or 2007 allocation notice and comment rulemaking.snip---Since this rule will make methyl bromide available for approved critical uses after the phaseout date of January 1, 2005, this is a de- regulatory action which will confer a benefit to users of methyl bromide. EPA believes the estimated de-regulatory value for users of methyl bromide is between $20 million to $30 million annually. We have therefore concluded that today's final rule will relieve regulatory burden for all small entities. snip-----List of Subjects in 40 CFR Part 82 Environmental protection, Chemicals, Exports, Imports, Methyl bromide, Ozone, Production, Reporting and recordkeeping requirements, Treaties. Dated: December 15, 2004. Michael O. Leavitt, Administrator. • For the reasons stated in the preamble, 40 CFR part 82 is amended as follows: PART 82--PROTECTION OF STRATOSPHERIC OZONE • 1. The authority citation for part 82 continues to read as follows: Authority: 42 U.S.C. 7414, 7601, 7671-7671q. snip---------- 4. Section 82.8 is added to read as follows:Sec. 82.8 Grant of essential use allowances and critical use allowances. (a) Effective January 1, 1996, persons in the following list are allocated essential-use allowances or exemptions for quantities of a specific class I controlled substance for a specific essential-use (the Administrator reserves the right to revise the allocations based on future decisions of the Parties). Table 1.--Essential Use Allowances for Calendar Year 2004------ Quantity Company Chemical (metric tons)------ (1) Metered Dose Inhalers (for Oral Inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease------Armstrong Pharmaceuticals...... CFC-11 or CFC-12 or 390.60 CFC-114.Aventis Pharmaceutical Products CFC-11 or CFC-12 or 48.40 CFC-114.Boehringer Ingelheim CFC-11 or CFC-12 or 500.20 Pharmaceuticals. CFC-114.PLIVA Inc...................... CFC-11 or CFC-12 or 136.00 CFC-114.Schering-Plough Corporation.... CFC-11 or CFC-12 or 918.00 CFC-114.3M Pharmaceuticals............. CFC-11 or CFC-12 or 84.71 CFC-114.-------------------------------- (2) Cleaning, Bonding and Surface Activation Applications for the Space Shuttle Rockets and Titan Rockets------National Aeronautics and Space Methyl Chloroform..... 141.877 Administration (NASA)/Thiokol Rocket.------ (b) A global exemption for class I controlled substances for essential laboratory and analytical uses shall be in effect through December 31, 2005 subject to the restrictions in Appendix G of this subpart, and subject to the record-keeping and reporting requirements at Sec. 82.13(u) through (x). There is no amount specified for this exemption. © Effective January 1, 2005, critical use allowances are apportioned as set forth in paragraph ©(1) of this section for the exempted production and import of class I, Group VI controlled substances specifically for those approved critical uses listed in Appendix L to this subpart for the applicable control period. Every kilogram of production and import in excess of the total number and type of unexpended critical use allowances held for a particular type of use constitutes a separate violation of this subpart. Effective January 1, 2005,snipJanuary 1, 2005 phaseout date specifically for those approved critical uses listed in Appendix L to this subpart for the applicable control period. (1) Allocated critical use allowances granted for specified control period. 2005 Critical 2005 Critical use allowances use allowances Company for pre-plant for post- uses* harvest uses* (kilograms) (kilograms) Albemarle Corp.......................... 1,791,950 122,151 Ameribrom, Inc.......................... 989,911 67,479 Great Lakes Chemical Corp............... 4,357,690 297,049 TriCal, Inc............................. 30,679 2,091 ============ *For production or import of class I, Group VI controlled substance exclusively for the Pre-Plant or Post-Harvest uses specified in appendix L to this subpart. (2) Allocated critical stock allowances granted for specified control period. The following companies are allocated critical stock allowances for 2005 on pro-rata basis in relation to the stocks held by each.------ Company-------Albemarle,Ameribrom, Inc.,Bill Clark Pest Control, Inc.,Blair Soil Fumigation,Burnside Services, Inc.,Cardinal Professional ProductsCarolina Eastern, Inc.,Degesch America, Inc.,Dodson Bros.,Great Lakes Chemical Corp.,Harvey Fertilizer & GasHelena Chemical Co.,Hendrix & Dail,Hy Yield Bromine,Industrial Fumigation CompanyJ.C. Ehrlich Co.,Pacific Ag,Pest Fog Sales Corp.,Pro Source OneReddick Fumigants.Royster-Clark, Inc.,Southern State Cooperative, Inc.,Trical Inc.Trident Agricultural Products.UAP Southeast (NC),UAP Southeast (SC),UnivarVanguard Fumigation Co.,Western Fumigation Total--1,283,214 kilograms.Last updated on Thursday, December 23rd, 2004URL: http://www.epa.gov/fedrgstr/EPA-AIR/2004/December/Day-23/a27905.htm========================Plants: Guilty of Producing and Releasing MeBr Into the Atmosphere?snip.........."We selected Brassica because Canadian scientists have proven that leaf parts of this species produce methyl bromide," Gan reports. "But whole plants had not been tested before to see if they produce and release methyl bromide. There is a missing source of atmospheric methyl bromide. Unlike completely manmade ozone depletors, methyl bromide comes from manmade and natural sources. We know that methyl bromide is put into the air by the oceans, biomass burning, emissions from leaded gasolines, and agricultural fumigation. But these sources don't account for the total amount of methyl bromide emitted into the atmosphere. Maybe green plants could be responsible for a significant amount of the missing source." Gan and colleagues first measured methyl bromide emitted from plants grown in soil containing different levels of bromide. "It is known that most soils contain bromide, but we added differing amounts to soil and transplanted seedlings in the greenhouse," he says. "We used broccoli, cabbage, mustard, Chinese cabbage, and pak-choi, all cultivated Brassica species. We also planted alyssum and wild mustard, both wild species." After 2 to 6 weeks, they put the plants in a closed glass container for 24 hours to let the methyl bromide accumulate to a measurable amount. Gan measured the methyl bromide by taking samples of the air from the jars and analyzing them using gas chromatography. "We found that the initial rates of methyl bromide produced correlated to the amounts of bromide we added to the soil," Gan reports. He says that the average amount of bromide in soil is about 1 ppm (part per million), depending on where the soil is sampled. "As you get closer to the ocean, soils contain more bromide; farther inland, they contain less." In their second experiment, Gan and his collegues used field-grown Brassica plants. "We used broccoli, rapeseed, cabbage, and wild mustard plants. We took the plants from the field with soil still attached to the roots. Again, we placed the plants in sealed containers in the lab to capture methyl bromide emissions," Gan explains. Although the bromide level was less than 0.6 ppm in any of the soils tested, significantly, methyl bromide emissions were still measured. Thus, under natural conditions, Brassica plants were able to extract bromide from the soil, convert it to methyl bromide, and release it. Since they knew that the soil or the plants themselves could degrade the methyl bromide produced in the 24 hours the plants were in the jars, Gan and colleagues did separate degradation experiments to derive the actual methyl bromide production rates. After they measured methyl bromide production, they separately measured the bromide content in the plants and soil to determine the plant uptake of bromide from the soil."We recovered 95 to100 percent of the spiked bromide from plant tissues," Gan says. Using the rates at which methyl bromide is produced by cabbage and rapeseed—for which the global bio-mass is known—and a linear relationship between this rate and soil bromide, Gan estimates that, globally, rapeseed alone could produce 6.6 million kilograms of methyl bromide each year. And cabbage, 0.4 million kilograms, more or less. The preliminary study also showed that radishes and turnips can produce methyl bromide. "We found that the Brassicaceae family as a whole is capable of producing methyl bromide," Gan says. Worldwide, the Brassicaceae family is an important part of the terrestrial plant biomass, made up of vegetables, oil crops, pastures, ornamental crops, weeds, and wild species. "We think it is possible that the amount of methyl bromide produced by this family of plants may be substantial," Gan says. "And although these were the only plants in our study, there are probably many other terrestrial plants out there producing methyl bromide." Since methyl bromide has manmade and natural origins, Gan thinks it's critical to understand the sources. We may be able to control the manmade sources but are not likely able to do much with the natural ones. Right now, he points out, there are important facts that aren't being considered in estimating the amount of methyl bromide in the atmosphere. First, we haven't considered the fact that soil contains a certain amount of bromide and that nonextractable bromine can be released as bromide. Second, the earth's crust of soil is a large bromide reservoir. "Our research suggests that land plants may be a link between soil bromide and stratospheric methyl bromide," Gan says. "Our findings also agree with the ratio of 1.2 to 1.4 northern to southern hemispheric ratio of atmospheric methyl bromide. Because the northern hemisphere has a greater landmass than the southern, it would follow that it also has a greater capacity for plants to produce methyl bromide.We think more study is needed on the terrestrial ecosystem as it relates to depleting the ozone layer," Gan says. http://www.ars.usda.gov/is/np/mba/apr99/plants.htm