EPA Methyl Bromide Critical Exemptions Proposed Rule

Today the Environmental Protection Agency (EPA) published a notice of proposed rule making (NPRM) in the Federal Register (76 FR 23769-23781) proposing uses that qualify for the 2011 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phase-out inventory for those uses in 2011. This rule would confirm letters sent to manufacturers earlier this year that the EPA would allow the production of 1500 MT of methyl bromide this year for critical uses of that toxic chemical outlined in this NPRM.

Due to the late publication of this proposed rule, EPA is providing a shortened comment period for this NPRM. Public comments are solicited and may be filed via the Federal eRulemaking site (www.Regulations.gov; Docket # EPA-HQ-OAR-2008-0321). Comments need to be filed by May 31st, 2011. If a public meeting is requested (that request must be submitted by May 3rd) in this comment process it will be held on May 13th. That would extend the comment period to June 13th.

Methyl Bromide COI Status

Once again, I am posting this information on this chemical security site because DHS did not list methyl bromide in its final list of DHS Chemicals of Interest (COI) in Appendix A to 6 CFR part 27 because of the assurances provided by EPA that this toxic inhalation hazard chemical was being phased out of use. While that “phase-out” is being extended on a now routine basis, the facilities that produce, store and use methyl bromide are not covered by the CFATS security rules because of the presence of methyl bromide.

Because of delays in this rulemaking process the EPA essentially already authorized the production of 1500 MT of methyl bromide for this year (76 FR 23774), an amount that will probably exceed the amount needed for uses proposed to be authorized in this rule. This means that there will be an increased amount of excess methyl bromide stored in US facilities at the end of this year; an increased amount exposed to potential terrorist attack at potentially unregulated facilities.

ISCD has been reporting that they have been working with industry on revising the Appendix A list for over a year now. There has been no public reporting on what additions to the list are being considered, but I once again urge the addition of methyl bromide to that list. If and when methyl bromide is actually phased out of use/production it won’t make any difference if it is still on the list as no stocks will require reporting and protection under the CFATS regulations.